(A) The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.
(1) The word person includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) The masculine gender includes the feminine gender and the neuter gender.
(3) The singular includes the plural and the plural includes the singular.
(4) The present tense includes the past and future tenses and the future includes the present.
(5) The word “may” is permissive. The word “shall” is mandatory. Mandatory compliance with this chapter shall allow for variances thereto.
(6) All horizontal and vertical measured distances shall be expressed to the nearest tenth of a foot and its metric equivalent, unless specifically stated otherwise.
(7) The words “lot”, “plot”, “piece” and “parcel” of land are interchangeable.
(8) The words “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “improved for”, “maintained for” and “occupied for”.
(B) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. An abandoned motor vehicle as defined in state statutes.
ABANDONED STRUCTURE. A structure, as defined hereinafter, on public or private property, which no longer serves a practical use and, due to its location or structural condition, is considered a safety hazard.
ABUTTING. Making direct contact with or immediately bordering.
ACCESSORY STRUCTURE. A building or other structure that is supportive, secondary and subordinate in use and/or size to the principle structure on the same parcel or lot which, because of the nature of its use, can reasonably be located at or greater than minimum structure setbacks. Includes all structures not considered the principle structure including, but not limited to, television towers/antennas, dish antennas, outdoor swimming pools, outdoor hot-tubs, detached garages, sheds, guest quarters and boathouses.
ACCESSORY USE. A use naturally and normally incident and subordinate to the main use of the premises.
ADDITION. A physical enlargement of an existing structure.
ADJACENT. In close proximity to or neighboring, not necessarily abutting.
ADULT BOOK AND/OR MEDIA STORE. An establishment which has a substantial portion (25% of utilized floor area) of its stock in trade or stock on display books, magazines, films, videotapes or other media which are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, and if such dancing or other live entertainment in distinguished or characterized by an emphasis on the performance, depiction or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses and other adult establishments.
ADULT HOTEL OR MOTEL. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER.
(a) A theater in an enclosed building, with a capacity for less than 50 persons used for presenting motion pictures, including, but not limited to, film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(b) Any business which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin-operated or other mechanical devices and the viewing of excerpt of motion pictures offered for sale or rent.
ADULT MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
ADULT MOTION PICTURE ARCADE. Any place wherein coin- or token-operated or electronically-, electrically- or mechanically-controlled or operated still or motor picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including, but not limited to, film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY BUSINESS. A business which sells, offers to sell or displays devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USE. Any of the adult activities and businesses described herein constitute “adult-oriented businesses” which are subject to the regulation of this chapter.
AGENT. Any person acting on behalf of a landowner in dealing with activities under the jurisdiction of this chapter, including, but not limited to, realtors, contractors or attorneys.
AGRICULTURAL USE. The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, tree farming and lumbering, viticulture and animal and poultry husbandry and the necessary accessory uses used for packing, treating or storing the product; provided, however, that, the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT. Any premises used or intended for use for the landing and taking off of aircraft including any structures used or intended for use for aircraft services.
ALLOWED USE. A use that is allowed by this chapter and does not require a permit.
ALTERATION. A change or rearrangement of structural or non-structural parts of an existing structure within the previously permitted footprint.
ANIMALS, DOMESTIC. Common household pets, such as dogs and cats, kept for amusement, companionship, decoration or interest.
ANIMALS, FARM. Fish, fowl, cattle, swine, horses, sheep and others customarily found on a farm, raised for the purposes of food consumption or companionship.
ANIMALS, WILD. Animals, such as wolves, tigers, lions and snakes, that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild.
ANIMAL BOARDING FACILITY. An establishment that houses animals, other than those belonging to the occupant, overnight or over an extended period of time.
ANIMAL GROOMING ESTABLISHMENT. An establishment principally engaged in grooming animals in which overnight boarding is prohibited.
ANIMAL HUSBANDRY. The care or breeding of domestic animals such as cattle, hogs, sheep, horses, poultry, dogs (more than two) or cats (more than three) for the occupants of a property.
ANIMAL UNIT. A unit of measure based on the approximate production of wastes from 1,000 pounds of live weight of poultry or animals.
Animal Units |
Animal Units | |
1 slaughter weight steer or heifer | 1 |
1 mature dairy cow or horse | 1.4 |
1 swine over 55 pounds | 0.4 |
1 sheep | 0.1 |
1 goose | 0.1 |
1 duck | 0.05 |
1 turkey | 0.18 |
1 chicken | 0.1 |
1 dog | 0.1 |
1 cat | 0.05 |
ANTENNA. A metallic apparatus for sending or receiving electromagnetic waves.
APARTMENT. A room or suite of rooms that is designed for, intended for or occupied as a dwelling unit by a family or individual, and is equipped with sanitary facilities.
APPEAL. An application for the review of an order, requirement, decision, determination or interpretation of this chapter made by an administrative officer in the application and/or enforcement of this chapter.
ARCHITECTURAL PROJECTION. A non-functional or ornamental feature on a building or other structure that does not extend to, or from, the ground.
ARTIST’S STUDIO. A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler, photographer or other similar art that requires artistic skill, where the public is received or where the artist is engaging in retail sales. Not generally utilitarian, related to personal hygiene or adornment.
ATTACHED. Two buildings or structures that combine to form one building or structure through the use of at least one common wall, not including a breezeway.
AUTOMOBILE SALES AND REPAIR. An open or enclosed area (building or structure), other than a street, used for the display, sale, rental or repair of new and used motor vehicles in operable condition.
AUTO SALVAGE YARD. A lot or yard where four or more motor vehicles are stored while parts are removed, where crushing occurs or where storage pending crushing may occur.
AUTO TRIP. Transport in a vehicle that includes both an arrival and a departure from a location.
BALCONY. Same as a DECK.
BANK/FINANCIAL INSTITUTIONS. A financial institution licensed to receive deposits and make loans or provide financial planning.
BANNER. A temporary sign constructed out of paper, plastic, cloth, cardboard or some other non-permanent material and affixed to poles or the side of a building in a manner than can be easily moved, modified or rearranged.
BAR/ON or OFF-SALE LIQUOR SALES. A commercial business that allows the sale of all types of wine and malt beverages for consumption on or off the premises.
BATHROOM. A room containing a shower or bathtub or a sink and toilet.
BASEMENT. The space below the first story of a structure which is greater than four feet in height.
BED AND BREAKFAST DWELLING. A dwelling, single-family, licensed through the state’s Department of Health, where, for compensation, meals and lodging are provided for three or more unrelated persons, but not exceed to eight persons. The owner of the parcel must live on the premises.
BEDROOM. A portion of a dwelling unit that reasonably can be dedicated to sleeping purposes.
BILLBOARDS. A commercial sign which directs attention to a business, activity, service, entertainment or a product not exclusively related to the premises or property where such sign is located.
BITUMINOUS/CONCRETE FACILITIES. A bituminous hot mix plant or a concrete manufacturing plant that is operated in a gravel pit as an accessory use to the extractive use.
BLOCK. An area of land bounded by streets, exterior boundary lines and/or bodies of water.
BLUFF. A topographic feature such as a hill, cliff or embankment having all of the following characteristics:
(a) Part or all of the feature is located in a shoreland area;
(b) The slope rises at least 25 feet above the ordinary high water mark of the water body;
(c) The grade of the slope from the toe of the bluff to a point 25 feet above the ordinary high water level averages 30% or greater; and
(d) The slope must drain towards the water body.
BLUFF IMPACT ZONE. A bluff and the land located within 20 feet inland from the top of the bluff.
BOARDING HOUSE. Same as BED AND BREAKFAST DWELLING.
BOARD OF ADJUSTMENT. The Board, appointed by the City Council, to hear appeals from actions of the Zoning Administrator and variance requests.
BOAT ACCESS. A ramp, road or other conveyance on a lot which allows the launching and removal of a boat with a vehicle and trailer.
BOAT HOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BREEZEWAY. A covered or enclosed walkway that physically connects two or more buildings or structures. Shall not materially connect the two or more buildings or structures.
BREWERY. Manufactures, processes and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for on-site consumption in a taproom or for off-site consumption as growlers. A brewer may not have an ownership interest in a brewery licensed under M.S. § 340A.301, Subd. 6(d), as it may be amended from time to time.
BUFFER AREA. Land set aside in its natural state, enhanced by screening, or containing topographical features designed to buffer the impacts of a more intense land use on a less intense use such as between commercial and residential uses.
BUILDABLE AREA. Any site, lot, parcel or any portion thereof that does not contain designated floodplain, wetlands or areas in excess of 25% slope.
BUILDING. Any structure used or intended for storage, shelter or occupancy.
BUILDING ENVELOPE. The buildable area on any lot that is outside of the setbacks.
BUILDING HEIGHT. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height between the eaves and the highest ridge of gable, hip or gambrel roofs or ten feet below the peak, whichever is higher.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
BUILDING PERMIT. A permit authorizing an applicant under this code to undertake construction or other development activity.
BULK SAMPLING OF MINERAL MANGANESE BY WATER EXTRACTION. A means of extracting manganese deposits through water jet technology using on-site ground water. Water is injected under pressure into the mineral zone; mineral-water slurry is pumped to the surface and dewatered to recover mineral solids, including manganese, iron ore and silica. The technique is otherwise known as “borehole mining”, whereby mineral material is dislodged into particles, transported in slurry water and extracted from the ground. BULK SAMPLING PROJECTS are modest in scope and done to determine the viability of a full-scale mining operation.
BUTCHER SHOP/MARKET. A shop in which meat, poultry and fish are processed and/or sold.
CABINETRY SHOP. The business of producing wood products for retail sales.
CAMPGROUND. Any area, whether publicly or privately owned, consisting of designated campsites with appropriate facilities and management services designed for temporary occupation by tents or recreational vehicles.
CAMPGROUND MEMBERSHIPS. A land use under single ownership consisting of designated campsite with appropriate facilities designed for temporary occupation by members in tents or recreational vehicles with management services and with site rentals by members. See also RECREATIONAL CAMPING AREA.
CAMPING. Habitation of a temporary structure.
CAMPSITE. A parcel within a resort or campground designated for the occupancy of one family on a periodic basis in a tent or recreational vehicle.
CARGO CONTAINER. A sealed receptacle of size and type commonly used for shipping items via railroad or water vessels. A CARGO CONTAINER must be free of visible rust and in overall good repair to be used as an accessory structure.
CEMETERY. A place for burying the dead. A graveyard.
CEMETERY, UNPLATTED. Any human remains or burials found outside of platted, recorded or identified cemeteries pursuant to M.S. § 307.08, as it may be amended from time to time.
CERTIFIED HOME INSPECTION. An inspection completed by a licensed Building Inspector and signed off by the same.
CHAIRPERSON. The individual elected by the Planning Commission to chair its meetings.
CHILD CARE, CENTER. A facility that is maintained, for the whole or part of the day, for the care of five or more children who are 18 years of age or younger and who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term shall not include any facility licensed as a foster care home or any facility defined as a “child care, family home”.
CHILD CARE, FAMILY HOME. A primary residence where, for the whole or part of the day, an owner of the residence, licensed as a child care provider, cares for five or more children who are 18 years of age or younger and who are not related to the owner, whether such facility is operated with or without compensation for such care.
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 and related community activities.
CITY CLERK/TREASURER. The appointed person responsible for administration of the city affairs.
CITY COUNCIL. The duly elected governing body of the city.
CITY SEWER OR WATER SYSTEM. A system of municipally maintained utilities, approved by the state and serving more than one building or property.
CLEAR CUTTING. See VEGETATION REMOVAL, CLEAR CUTTING.
CLUB, LODGE. A non-profit organization catering exclusively to members and their guests.
COMMERCIAL USE. The principle use of land or buildings for the sale, lease, rental, trade of products, goods or services.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
COMMON OPEN SPACE. Undeveloped land within a conservation subdivision that has been designated, dedicated, reserved or restricted in perpetuity from further development and is set aside for the use and enjoyment by the residents of the development. COMMON OPEN SPACE shall not be included as parts of individual residential lots. The COMMON OPEN SPACE shall be substantially free of structures, but may contain historic structures and archaeological sites including Native American mounds and/or such recreational facilities for residents as indicated on the approved development plan.
COMMUNITY PARK. A park designed to provide recreational opportunities to serve the entire community.
COMPREHENSIVE PLAN. Also referred to as COMMUNITY PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution.
CONDITIONAL USE. A land use or development, as defined by this chapter, that would not be appropriate without restriction, but may specifically be allowed without restrictions of conditions as determined by the Planning Commission and the Council upon a finding that:
(a) The use or development is an appropriate conditional land use in the land use zone;
(b) The use or development, with conditions, conforms to the Comprehensive Land Use Plan;
(c) The use, with conditions, is compatible with the existing neighborhood; and
(d) The use, with conditions, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity of the city.
CONDOMINIUM OWNERSHIP or COMMON INTEREST COMMUNITY. A form of ownership within a multi-owner building or complex wherein the boundaries are defined by a condominium plan or common interest community in accordance with M.S. Ch. 515A or 515B, as they may be amended from time to time.
CONSERVATION EASEMENT. A legally binding agreement that imposes any limitation or affirmative obligation on any holder’s interest in real property. The EASEMENT is typically held by a party other than the property owner. The purpose of such an EASEMENT can include retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site or preserving the historical, architectural, archaeological or cultural aspects of real property.
CONSERVATION SUBDIVISION. A residential development that is characterized by compact lots and the retention of common open space, where the natural features of the land are maintained to the greatest extent possible.
CONTIGUOUS. The sharing of a common border at more than a single point. Lots, parcels or boundaries may be considered contiguous where separated by rights-of-way, rivers or streams.
CONTROLLED ACCESS LOT. Any lot which is designated for the exclusive use by non-riparian landowners within a subdivision as a means to gain access to a lake, river or stream.
CONVENTIONAL SUBDIVISION. A residential development that contains more than two lots not done by conservation design.
COTTAGE FOOD INDUSTRY VENDORS. As regulated by M.S. § 28A.152.
COUNCIL. The City Council, as established by state law.
CRAWL SPACE. The space below the first story of a structure not more than four feet high and not intended for human habitation.
CUL-DE-SAC. A vehicular turnaround.
DBH. Diameter at breast height. The width of a tree or shrub as measured at four and one-half feet above the ground surface.
DECK. An above grade, uncovered, unscreened structure not including walks four feet wide or less.
DEVELOPMENT ENVELOPE. Designated area in which grading, lawns, pavement and buildings are planned to be located.
DOCK. A platform extending water ward from the shoreline intended for ingress and egress for moored watercraft or to provide access to water for swimming, fishing or other water orientated activities.
DRAINAGEWAY. A watercourse, gully, dry stream, creek or ditch which concentrates and carries storm/rain water runoff from the land in a manner which creates the potential for significant erosion, siltation, flooding or ponding. A DRAINAGEWAY may be fed by natural overland flow or by constructed means, such as culverts, road ditches, outlets of storm water treatment ponds or other similar facilities.
DUPLEX, TRIPLEX or QUAD. A structure on a single lot having two, three or four dwelling units respectively being attached by common walls, and each being equipped with separate sleeping, cooking, eating, living and sanitation facilities.
DWELLING, GUEST QUARTERS. A structure, not for sale or lease, used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling on the lot. Any accessory structure with kitchen or bathroom facilities shall be considered a DWELLING, GUEST QUARTERS.
DWELLING, MULTI-FAMILY. Two or more dwelling units attached together by any point including duplexes, triplexes, townhouses and multi-level units regardless of type of ownership.
DWELLING, SINGLE-FAMILY. A dwelling unit totally separated from any other dwelling unit.
DWELLING, TOWNHOUSE. A type of multi-family housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat or condominium plan.
DWELLING UNIT. A structure or portion of a structure or other shelter designed as a short or long-term living quarters for one or more persons including rental or time share accommodations such as a motel, hotel resort rooms, resort cabins and apartments.
DWELLING WIDTH. The smallest horizontal dimension of the major portion of a dwelling.
EARTH TONE. A shade of color that, when viewed from a distance, blends with the colors of the surrounding landscape.
EAW. An environmental assessment worksheet, as defined by M.S. Ch. 116, as it may be amended from time to time.
EIS. An environmental impact statement, as defined by M.S. Ch. 116, as it may be amended from time to time.
EVENT CENTER. A building rented out for gatherings such as, but not limited to, weddings, meetings, etc.
EXTERIOR STORAGE. Storage of goods, materials, equipment, manufactured products outside a fully enclosed building.
EXTRACTIVE USE. The use of land for removal of sand, gravel, rock, industrial minerals, other non-metallic minerals or peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.
FACILITY. A structure, building or appurtenance that allows an activity (i.e., parking facility).
FAMILY. An individual, or two or more persons related by blood, marriage, adoption or a relationship legally recognized in the state, or not more than five unrelated persons maintaining a common household.
FARM MACHINERY SALES AND REPAIR. An open or enclosed area (building or structure), other than a street, used for the display, sale, rental or repair of new and used farm machinery.
FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that 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.
FEE SCHEDULE. The official schedule of land use related fees and penalties adopted by the City Council.
FENCE. A constructed barrier intended to prevent escape or intrusion, or to mark a boundary, to shield or screen view, or to perform any similar function.
FILLING. The act of depositing any earthen material.
FINAL FLOOR PLAN. A drawing prepared by a registered architect, registered engineer or registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. § 515A.2-110, as it may be amended from time to time.
FINAL CONDOMINIUM PLAT. A drawing prepared by a registered architect, registered engineer or registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. § 515A.2-110, as it may be amended from time to time.
FINAL PLAT. A drawing, in final form, showing a proposed subdivision containing all information and detail required by state statutes and by the Subdivision Ordinance to be presented to the Planning Commission and the City Council for approval, and which, if approved, may be duly filed with the County Recorder.
FISH HOUSE. A structure placed on a lake during the winter for use in fishing. A structure will only be considered a FISH HOUSE if it is 160 square feet or less, is moveable and has a current license.
FITNESS CENTER. A building intended for exercise and to offer training classes, such as but not limited to, yoga and mixed martial arts.
FLOODPLAIN. The areas adjoining a watercourse, intermittent or permanently flowing, which have been or will be covered by the runoff waters of a storm with a 1% chance of occurrence any year (100-year storm).
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regional flood (100-year chance of occurrence).
FOOTPRINT. The horizontal extent to which a structure covers the ground plane as represented in a plan view including cantilevered building elements, but excluding eaves and similar architectural projections of the roof plane.
FORB. A broad leafed, non-woody plant other than grass, sedge or rush. FORBS include native herbs, ephemerals and wildflowers.
FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than the re-establishment of a subsequent forest stand.
FOUNDATION. A concrete, concrete and concrete block, or treated wood portion of a structure that supports the bearing loads of the superstructure and penetrates the ground providing frost protection. Must meet the provisions of the Building Code adopted by the state. Concrete pillars may be used as a FOUNDATION for manufactured homes so long as the installation is done to the manufacturer’s specifications and skirting is provided around the perimeter to provide the look of a completely enclosed FOUNDATION.
FRONTAGE. The uninterrupted front boundary line of a lot, or the length of such line, that abuts on a street or protected water.
FUEL DEPOT, BULK. Bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids in excess of 2,500 gallons
GARAGE, ATTACHED. A part of the principle structure designed for the storage of motor vehicles.
GARAGE, DETACHED. An accessory structure not attached to the principle structure on the property designed and used for storage.
GARAGE SALE. A sale of used household belongings, typically held outdoors or in a garage at the home of the seller.
GAS STATION. An establishment beside a road selling gasoline, oil and/or food.
GAZEBO. A freestanding accessory structure with no kitchen, sleeping, sanitary facilities or pressurized water intended as weather and insect protection for such activities as picnicking and lake viewing.
GOLF COURSE. An area of land laid out for the game of golf with a series of nine or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards. A GOLF COURSE may include food, liquor, and retail sales.
GOVERNMENT BUILDINGS. A structure used for public services such as, but not limited to, fire halls, post office, police stations, city halls, etc.
GRADING. The movement of dirt, by mechanical means, so as to alter the existing topography of a property.
GREEN SPACE. Privately-owned property permanently dedicated by covenant or deed restriction to vegetate ground coverage with allowance for use as recreational facilities, tree coverage, watercourse, sewage disposal or similar uses. Public property permanently dedicated to park, vegetative buffer, tree coverage or watercourses.
GROCERY STORE. A store that sells food and household supplies.
GROSS ACREAGE. The total area of a parcels.
GROUP CARE FACILITIES. A facility which provides residential services for individuals that are handicapped, aged, disabled or undergoing rehabilitation. This includes uses such as homes for the physically handicapped, mentally retarded, chemically dependent, foster children, maternity shelters and half-way houses. The facility is indistinguishable in outward appearance from a residential dwelling. The owner lives on the premises.
HANDICAP RAMP. A temporary structure that allows access to a dwelling as per physician’s prescription.
HOME OCCUPATION. A use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof.
HOME OCCUPATION, TYPE I. A home occupation, the commercial nature of which involves providing a service to a limited number of people who are predominantly acquaintances. Generates less than ten auto trips per week. No employees beyond owner. No signage or other advertising done either on or off-site. Would include businesses that are similar in nature to tutoring or music lessons performed on an individual basis.
HOME OCCUPATION, TYPE II. A home occupation, the commercial nature of which involves providing a service to people or organizations that do not receive the service at the property from which is it being provided. Generates less than 25 auto trips per week, including deliveries and employees. No more than two employees, in addition to the owner, working on site. No signage done either on or off-site. Would include businesses that are similar in nature to telephone sales, consulting or web design.
HOME OCCUPATION, TYPE III. A home occupation, the commercial nature of which involves providing a service or product to people or organizations within the home. Generates less than 60 auto trips per week, including deliveries. No more than two employees, in addition to the owner working on site. May include on-site signage. May include retails sales of items manufactured on-site. Would include businesses that are similar in nature to chiropractic service, artist studio or craft shop.
HOME OCCUPATION, TYPE IV. A home occupation, the commercial nature of which involves providing a service or product to people or organizations off site. Generates less than 60 auto trips per week, including deliveries. All employees do the majority of their work off-site. May include on-site storage or warehousing of work related materials. Would include businesses that are similar in nature to lawn care services and off-site sandblasting services.
HOMEOWNERS ASSOCIATION (HOA). A community association, incorporated or not incorporated, combining individual home ownership with shared use or ownership of common property and/or facilities.
HOTEL. A building containing three or more individual rooms, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities and on-site management and reception services.
HOUSE OF WORSHIP. Same as CHURCH.
ICE RIDGE. A long, narrow crest of earth along the shoreline that has been created by the movement of ice on the lake.
ICE RIDGE, HISTORIC. An ice ridge that has been in existence 12 months or longer.
ICE RIDGE, PERENNIAL. An ice ridge that has existing less than 12 months.
IMPERVIOUS SURFACE. The horizontal area of buildings, patios, walks, driveways, accessory structures and other surfaces generally impervious to the penetration of storm water, including gravel drives and parking.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a continuous path, strip row or block.
INTERVAL OWNERSHIP. Form of ownership of real property, condominium land or space further defined by a reoccurring time interval, resulting in more than one owner of the same property. Also known as TIMESHARE.
ISTS. Individual sewage treatment system.
JUNK VEHICLE. A vehicle that: is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train or transmission; is apparently inoperable; does not have a valid, current registration plate; and has an approximate fair market value equal only to the approximate value of the scrap in it.
JUNK YARD. An area where used waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleared, parked, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of materials in conjunction with the construction of a manufacturing process shall not be included. Three or more automobiles without current licenses constitute a JUNK YARD. Such use shall not include putrid wastes such as garbage.
LAKE ACCESS CORRIDOR. The designated area within the shore impact zone that is utilized to traverse between the water body and the building site on the property.
LAKE CLASSIFICATION. The formal classification provided by the Department of Natural Resources for each body of public waters within the city.
LANDSCAPING. Plantings and placements such as trees, grass, shrubs and decorative timbers, arbors, rocks and water displays.
LEASEBACK BY OWNER. An arrangement between an owner of property and a leasing agent or resort to promote and operate the property for rental purposes.
LEED. Leadership in Energy and Environmental Design of the United States Green Building Council.
LICENSED ENGINEER. A person licensed as a professional engineer by the state.
LICENSED SEWAGE TREATMENT INSPECTOR. A person licensed by the state to inspect sewage treatment systems.
LICENSED SURVEYOR. A person licensed as a professional surveyor by the state.
LIGHT INDUSTRIAL. An industry using equipment similar to that which could reasonably be found in an individual’s garage or home workshop.
LIGHT MANUFACTURING. A manufacturing operation which uses small equipment in its process, similar to equipment which might be found in an individual’s home or garage.
LITTER. Waste materials including, but not limited to, cans, bottles, plastic and paper wrappings or containers.
LOT. A parcel, piece or portion of land described by metes and bounds, registered land survey, auditor’s plat or subdivision plat and separated from other parcels or portions of land by said description for purposes of sale, lease, mortgage, building or separation.
LOT AREA. The horizontal area of a lot bounded by the lot lines and the ordinary high water line if bounded by water.
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 one street with the internal angle less than 135 degrees.
LOT, FRONT. The boundary of a lot which abuts on a public right-of-way or, if a corner lot, the shortest of the two boundaries. If the lot abuts public water, the lake side shall be considered the LOT FRONT.
LOT LINE. The property lines bounding a lot; except that, where the description extends into a public right-of-way, the right-of-way line shall be considered the LOT LINE.
LOT, PRE-EXISTING. A lot which is one unit of a subdivision plat heretofore duly approved and filed or one unit of an auditor’s subdivision, or registered land survey, or a lot created by metes and bounds that has been recorded in the office of the County Recorder prior to the effective date of this chapter.
LOT TIER DEPTH. The lot depth of a normal lot conforming to the shoreland requirements:
(a) General Development Lake:
1. First tier: 200 feet; and
2. Second and additional tiers: 267 feet.
(b) Recreational Development Lake: 267 feet; and
(c) Natural Environmental Lake: 400 feet.
LOT TIERS. Successive strips of land parallel with the ordinary high water line, each one tier depth wide and extending across the parcel.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
MAINTENANCE. The normal upkeep of a structure including the replacement of windows, siding, roofs, non-bearing walls or interior remodeling that does not expand the footprint of the existing structure, add volume to the usable living space or intensify a non-conforming use.
MANUFACTURED HOME. A dwelling, transportable in one or more sections, meeting the requirements of the state.
MARINA. A dock or set of docks on a single parcel that contains more than three slips or more slips than first tier dwelling units, whichever is greater.
MATURE TREE. A living tree greater than four inches in diameter.
METES AND BOUNDS. A method of property description utilizing directions and distances commencing from and terminating at an identifiable point.
MINI STORAGE FACILITY, SELF SERVICE. A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized stalls or lockers for the storage of customer’s goods or wares.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
MOBILE HOME. See definition of MANUFACTURED HOME.
MOBILE HOME PARK. A form of planned unit development designed for mobile homes, including two possible types of ownership: single ownership with site rentals; or individual site ownership with a homeowner’s association owning common property.
MOTEL. A building containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with parking space reserved for each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests.
NATURAL DRAINAGEWAY. All land surface areas which, by nature of their contour or configuration, collect, store and channel surface or runoff water.
NEIGHBORHOOD. The area adjacent to or surrounding existing or proposed development characterized by common use or uses, density, style and age of structures and environmental characteristics.
NON-CONFORMING. The building, structure or land lawfully existing prior to and not in conformance with the provisions of this chapter.
NON-PROFIT CONSERVATION ORGANIZATION. Any charitable corporation, charitable association or charitable trust (such as a land trust), the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.
NUISANCE. By authority and direction of M.S. § 412.221, Subd. 23 and 24, as they may be amended from time to time,, any thing that interferes with the use or enjoyment of property, endangers personal health or public safety, or is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact and other similar interferences or offenses.
NURSERY. A business growing and selling trees, flowering or decorative plants and shrubs.
NURSING HOME. Any institution or facility required to be licensed as such under M.S. §§ 144.50 to 144.56, as they may be amended from time to time, by the state’s Board of Health.
OFF-STREET PARKING. A designated space or area of land with a paved or all-weather surface not within a public street or right-of-way and used for the parking of vehicles.
OPEN DISTRICT. A zoning district defined by natural features to be unsuitable for any dwelling and unsuitable for any other development, except in accordance with the conditional use permit process. Corresponds to the DNR Special Protection District.
OPEN SPACE. Space designated as reserved from development.
OPEN STORAGE. Storage of material outside of a building.
ORDINARY HIGH WATER MARK (OHW). The boundary of public waters and wetlands consisting of an elevation delineating the highest water level which has been maintained for sufficient period of time to leave evidence on the landscape, commonly that point where the natural vegetation changes form predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel; for reservoir and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
OUTDOOR MARKET. A temporary market held outdoors including the use of temporary vendor stands or other structures open to the public including farmers markets, craft markets, and vendors of other miscellaneous goods and services. Outdoor markets do not include civic events or auxiliary events hosted by businesses.
OVERLAY MAP. An official map of the city that describes the location of an overlay zone.
OWNER. An individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having proprietary interest in the land and/or building.
PARENT PARCEL. The existing parcel of record, as identified by individual parcel numbers, as of the effective date of this chapter, that is proposed to be developed.
PARK MODEL TRAILER. A travel trailer at least eight feet wide and 200 square feet but, no larger than 400 square feet, that lacks holding tanks and dual-voltage appliances, requiring it to be connected to water, sewage, and electrical facilities in order to function as a dwelling.
PARKING SPACE. A ten-foot by 20-foot site off public right-of-way, maintained and sized to accommodate the parking of one automobile.
PARK MODEL TRAILER. See definition of RECREATIONAL VEHICLE.
PARTY WALL OR FLOOR. A common wall which divides two independent dwelling units or businesses.
PARK COMMITTEE. The committee duly appointed by the City Council to oversee and make recommendations on parks and recreation issues within the city.
PASSIVE RECREATION. Outdoor activities that include walking, hiking, cross-country skiing, horseback riding and other non-motorized outdoor recreational activities that do not materially alter the landscape, degrade environmental quality or involve commercial recreational use.
PATIO. An uncovered, unscreened platform (without railings) of wood or cement which is no more than one step (16-inch maximum) above grade at its highest point. It may adjoin a dwelling or may be unattached and freestanding.
PERMITTED USE. A land use conforming to the character of a zoning district which is allowed by ordinance requiring only a zoning permit issued by the Zoning Administrator.
PET. An animal commonly associated with human habitation, not considered under animal units and not raised for production of income.
PLANNED UNIT DEVELOPMENT (PUD). A land use characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common green space, density increases and mix of structure types and land uses. Does not include a duplex where specifically allowed in a zoning district on a single parcel of land.
PLANNED UNIT DEVELOPMENTS, COMMERCIAL. Uses that provide transient, short-term lodging spaces, rooms or parcels and their operation are essentially service orientated. These shall include, but not be limited to, hotel/motel accommodations, resorts, recreational vehicle and camping parks and other primarily service-oriented activities.
PLANNED UNIT DEVELOPMENT, RESIDENTIAL. A use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, townhouses, cooperatives and full-fee ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENTS. Includes time share condominiums not part of a resort.
PLANNING COMMISSION. The body duly appointed by the City Council to determine the development of the city and make recommendations to the City Council on comprehensive plans, zoning district boundaries, conditional use permits, subdivision of land and capital improvements.
PORCH. A covered platform attached to a structure.
PORTABLE. Capable of being transferred or moved from one place to another.
PRE-BUILT HOME. Same as MANUFACTURED HOME.
PRACTICAL DIFFICULTIES. The property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of locality. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRACTICAL DIFFICULTIES include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
PRELIMINARY PLAT OR PLAN. A plan prepared in accordance with the Subdivision Ordinance depicting the proposed subdivision of property by final plat or final floor plan.
PRINCIPAL STRUCTURE OR USE. The single primary structure or use on a lot, as distinguished from accessory uses or structure. To be considered a PRINCIPLE STRUCTURE, the structure must be at least 400 square feet.
PRIVY. An aboveground structure with an underground cavity meeting the requirements of Minn. Rules Part 7080.0172, subpart 2, that is used for the storage or treatment and disposal of toilet wastes, excluding water for flushing and grey water.
PRIVY, PORTABLE. A temporary structure provided and maintained by a state-licensed individual that is designed for temporary handling of waste.
PROTECTIVE COVENANTS. Restrictions placed on the property by the owner and duly filed with the County Recorder. These may also be used in planned unit developments to establish homeowners associations, restrict shoreline development and provide for common facilities.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, Subd. 15 and 16, as they may be amended from time to time. However, no lake, pond or flowage of less than ten acres in size in municipalities need be regulated for the purposes of the shoreland management rule. A body of water created by a private user where there was no previous shoreline may, at the discretion of the local government, be exempted from the shoreland management. The official determination of the size and physical limits of drainage areas of rivers and streams should be made by the DNR Commissioner.
RECORDER. The County Recorder of Crow County.
RECREATIONAL CENTER. A structure or other facility designed for the purpose of recreation, such as a movie theater, bowling center, meeting hall, teen center or community center.
RECREATIONAL SALE/SERVICE. Engaging in the business of selling, offering for sale, repairing or servicing, buying or taking in trade for the purpose of resale, recreational equipment, such as, but not limited to boats and ATVs for profit.
RECREATIONAL VEHICLE. Vehicles for recreational use that can be driven, towed or hauled. These vehicles are designed to be temporary living space for camping or travel use. RVs shall include travel trailers, camper trailers, truck campers, self-propelled motor homes, fish houses licensed as a recreational vehicles and other similar vehicles.
RESORT. Any buildings, structures or enclosures kept, used, maintained or advertised as, or held out to the public to be an enclosure where sleeping accommodations are furnished to the public and primarily to those seeking recreations, for periods of one day, one week or longer, and having for rent three or more cottages, rooms or enclosures along with any related facilities such as restaurants, bars, golf courses or other recreational amenities.
RESTAURANT. An establishment where the principle business is the preparation, service and sale of food and beverages to be consumed by customers at tables or counters located within the building on the premises.
RETAIL STORE. A place of business usually owned and operated by a retailer, but sometimes owned and operated by a manufacturer or by someone other than a retailer, in which merchandise is sold primarily to ultimate consumers
RETREAT CENTER. A structure offered for rent to hobby groups on a short-term basis, not exceeding one week.
RIGHT-OF-WAY. A parcel of property dedicated to the public, connecting to other public rights-of-way, which affords primary access by pedestrians and vehicles to abutting properties.
SATELLITE DISH. A dish antenna used to receive and transmit signals relayed by satellite.
SCREENING. Fencing, an earthen berm or vegetative growth that visually separates one object from another.
SEMI PUBLIC USE. The use of land by private non-profit organizations to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, acceptability to flooding or occurrence flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line or other facility. Three feet of roof overhang, stoops not exceeding 30 square feet and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, ROAD. The closest horizontal distance between the road right-of-way line and the foundation or wall of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, WATERFRONT. The closest horizontal distance between the ordinary high water mark and the foundation or wall or edge of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet and steps from stoop to ground not over four feet wide may protrude into the setback.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minn. Rules Ch. 7080.
SEWER SYSTEM. Pipe lines or conduits, pumping stations and force main and all other constructions, devices, appliances or appurtenances used for conducting sewage or industrial waste or other waste to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the normal required structure setback.
SHORELAND. Land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the water for lesser distances and when approved by the DNR Commissioner.
SHORELINE PROPERTY. A lot directly abutting a public water, generally located in the first lot tier adjoining the public water.
SIGNS. A name, identification, description, display, illustration, advertisement or device which is displayed for the purpose of attracting attention to a person, product, place, activity, institution or business.
SIGNS, DIRECTORY. A sign erected at an intersection that lists the residences or businesses that reside along the intersecting roadway.
SIGNS, OFF-SITE. Any sign not located on the contiguously-owned property with the use which is advertised.
SIGNS, ON-SITE. Any sign located on the contiguously-owned property with the use which is advertised.
SIGNS, PORTABLE. A sign that is intrinsically designed to be moved or a sign that is not permanently affixed to the ground or a building.
SIGNS, SIZE. The total square footage, measured by multiplying the entire length (including borders) by the entire height (including borders) of the sign. The height of monument signs is measured from the ground: pylon, wall and other signs are measured from the bottom of the main sign encasement.
SIGNIFICANT HISTORICAL SITE. Any archeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historical Places, or is listed in the state’s Register of Historical Sites or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A HISTORICAL SITE meets this criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state’s Archeologist or the Director of the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORICAL SITES.
SKETCH PLAN. A plan drawn to scale used for planning and discussion purposes only.
SMALL ENGINE REPAIR. The commercial repair of boat, ATV, motorcycle, or similar engines.
SOLAR ENERGY SYSTEM, GROUND-MOUNT. A solar energy system mounted on a rack or pole that sits on the ground or has its own foundation and is not attached to a building and that is accessory to the principal land use, designed to supply energy for the principal use on the site.
SOLAR ENERGY SYSTEM, ROOFTOP. A solar energy system mounted on the roof of a building and is accessory to the primary land use, designed to supply energy for the primary use.
SPECIFIED ANATOMICAL AREAS (ADULT USE). Any less than completely and opaquely covered human genitals, pubic region or pubic hair, buttocks and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES (ADULT USE). Any of the following conditions:
(a) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal;
(b) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed;
(c) Masturbation or lewd exhibitions of the genitals including any explicit, close-up presentation of a human genital organ clothed or unclothed; and/or
(d) Physical contact or simulated physical contact with the clothed or unclothed pubic area or buttocks of a human male or female, or the breasts of a female, whether alone or between numbers of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SSTS. Subsurface Sewage Treatment System.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness due to the site’s soil characteristics as mapped and described in available county soils surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12% as measured over horizontal distances of 50 feet or more, but which are not bluffs.
STOOP. An entry platform into a structure.
STORAGE BUILDING, COMMERCIAL. A structure used for the storage of belongings, equipment or materials that is not intended for human habitation, and is available on a rental or lease basis.
STORAGE SHED. Refer to ACCESSORY STRUCTURE.
STORY. The part of a building included between the surface of one floor and the surface of the next floor or, if there is no floor above, then the ceiling next above. A basement shall not be counted as a STORY.
STREET. A public right-of-way that provides primary vehicular access to abutting property and shall include avenue, road or highway. Street classifications are defined in the Comprehensive Plan unless defined in a roadway classification plan or other similar road specific plan.
(a) STREET, ARTERIAL. A street that has the primary function of rapidly move traffic to or through the city. May provide access to abutting land. ARTERIAL STREETS are, in general, county or state highways that begin and terminate outside of the city limits or connect to other arterial streets within the city.
(b) STREET, COLLECTOR. A street that has the primary function of receiving and distributing traffic to and from local streets and providing distribution of traffic within. May provide access to abutting lots. In general, COLLECTOR STREETS begin and terminate at arterial streets or other collector streets.
(c) STREET, LOCAL. A street, the function of which is to provide localized access to individual parcels. Does not normally carry through traffic. Traffic volumes and traffic speeds are expected to be low.
STRUCTURE. Any building, appurtenance including decks or other facility constructed, placed or erected by humans, except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines and except walks or steps on grade not more than four feet wide outside of the shore impact zone, stoops not exceeding 30 square feet, temporary furniture, planter or decorative material and retaining walls consisting of wood or decorative block.
SUBDIVIDER. The owner, agent, person, corporation, partnership or legal entity proposing to subdivide property under his or her control.
SUBDIVISION. The division of real estate into two or more parcels for the purpose of sale, rent or lease, including planned unit development.
SUBDIVISION BY CONDOMINIUM PLAN. The subdivision of a building or the subdivision of real estate into two or more spaces or parcels of any size by the authority of M.S. Ch. 515A, as it may be amended from time to time, with documents prepared by a registered land surveyor and duly approved by the Planning Commission and Council.
SUBDIVISION BY METES AND BOUNDS. Any division of real estate resulting in two or more parcels which are not platted, but divided by description prepared and signed by a registered land surveyor.
SUBDIVISION BY PLAT. The subdivision into two or more parcels of any size by the authority of M.S. Ch. 505, as it may be amended from time to time, with documents prepared by a registered land surveyor and duly approved by the Planning Commission and Council.
SUBSTANDARD LOT. A lot that is non-conforming.
SUBSTANDARD USE. A use that does not conform to this chapter.
SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes where access to and use of a surface water feature is an integral part of the normal operation of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.
TAPROOM. A room that is ancillary to the production of malt liquor at a brewery where the public can purchase and/or consume only the malt liquor produced on site. A TAPROOM may also sell malt liquor for off-sale consumption in growler containers.
TEMPORARY. A use or structure that lasts longer than three days and is discontinued within 14 days. Any use or structure existing longer than 14 days in the Downtown Mixed-Use District - including semi-truck trailers or similar mobile units used as accessory structures for commercial purposes - is required to be approved through the conditional use permit process, except where specifically provided for in this chapter. 501(c)(3) businesses and uses are exempt from any permit application fee for such use.
TEMPORARY COMMERCIAL STRUCTURE. A transportable building or structure placed on private property for the purpose of conducting a commercial activity.
TEMPORARY COMMERCIAL STRUCTURE, LONG TERM. A portable structure placed on property to be used for a commercial purpose, such as a semi-trailer, utility trailer or portable food stands, placed on property for longer than 30 days in a calendar year.
TEMPORARY COMMERCIAL STRUCTURE, SHORT TERM. A portable structure placed on property to be used for a commercial purpose such as a semi-trailer, utility trailer or portable food stands, placed on property for longer than three days but less than 30 days within a calendar year.
TEMPORARY RESIDENTIAL STRUCTURE or USE. A use or structure on property for more than three days and discontinued within 30 days within a one-year period. A one-time extension of an additional 30 days may be permitted by the Zoning Administrator. Any use or structure existing longer than the permitted allowance on one-year period, except where specifically provided for in this chapter shall be considered permanent.
TEMPORARY STRUCTURE. A structure of a temporary character including, but not limited to, house boats, fish houses, recreational vehicles and tents.
TOE OF BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.
TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.
TOWER, TELECOMMUNICATION. Structures 35 feet or more in height that may include a tower, antenna(s), equipment building(s), anchor points and other related equipment used by broadcast services and/or wireless telecommunications services.
TOWNHOUSE DWELLING. See DWELLING, MULTI-FAMILY.
TRAVEL TRAILER. Refer to RECREATIONAL VEHICLE.
TREE. A woody plant four inches or more in diameter or eight feet or more in height.
VARIANCE. A legally permitted deviation from the provisions of this chapter as deemed necessary by the Board of Adjustment.
VEGETATION REMOVAL, CLEAR CUTTING. The removal of more than 75% and up to 100% of a stand of trees and brush over ten feet in height on a lot or parcel of land up to 40 acres.
VEGETATION REMOVAL, OPEN CUTTING. The removal of more than 25% and up to 75% of a stand of trees and brush over ten feet in height on a lot or parcel of land up to 40 acres.
VEGETATION REMOVAL, SELECT CUTTING. Removal of dead, diseased or damaged trees or shrubs, removal of trees for placement of structures and drives, and further removal of only individual trees to uniformly thin up to 25% of a stand, on a lot or parcel of land up to 40 acres. Complete brush removal is allowable including trees under ten feet in height.
VEGETATION REMOVAL, STEEP SLOPES. Removal of dead, diseased or damaged trees or shrubs and further removal of only individual trees to uniformly thin up to 25% of a stand, on a lot or parcel of land with a bluff. Brush removal is only allowable where required to a accommodate stairways, lifts and landings.
VIEW TO THE LAKE. View to be construed to be the line of site from the center of a riparian property at the lake setback to the lakeward concerns of that property.
WAREHOUSING. The principle use is the storage of materials or equipment within an enclosed building.
WAREHOUSING, COMMERCIAL. The rental or sale of warehousing space.
WATERCRAFT SALES AND REPAIR. An open or enclosed area (building or structure), other than a street, used for the display, sale, rental or repair of new and used watercraft in operable condition. Watercraft may include motorboats, personal watercraft and non-motorized watercraft.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above ground building or other improvement, except stairways, fences, docks and retaining walls, which because of the relationship of its use to a surface water feature is located closer to public waters than the normal structure setback. Examples of such structures and facilities include boat houses, gazebos, screen houses, fish cleaning houses and detached decks.
WECS - WIND ENERGY CONVERSION SYSTEM. An electrical facility comprised of one or more wind turbines and accessory facilities including, but not limited to: power lines, transformers, substations and meteorological towers, which operate by converting the kinetic energy or wind into electrical energy. The energy may be used on-site or distributed into an electrical grid.
WETLAND. 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. 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 ground water 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.
WIND TURBINE. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
YARD. A required green space occupied and unobstructed by a structure or portion of a structure; provided that, fences, signs, utility poles, lawn lights, antenna and related minor equipment may be permitted in any yard; provided that, they do not create a safety hazard or constitute a nuisance.
YARD SALE. Same as GARAGE SALE.
ZONING ADMINISTRATOR. The duly appointed person responsible for the enforcement and administration of this chapter.
ZONING DISTRICT. An area of the city defined on the zoning map, having uniform zoning provisions.
ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superceding the underlying zoning district regulations.
ZONING MAP. The map of the city, amended from time to time, which defines the boundaries of the zoning districts.
ZONING PERMIT. A permit issued by the Zoning Administrator to allow the construction of a structure or to allow a land use when the provisions of this chapter have been met, when approval of any conditional use permits or variances have been granted and when the fees are paid. A ZONING PERMIT may have administrative conditions specific to the subject site when called for by this chapter.
(Ord. 906-2011, passed - -2011; Ord. 906-2012, passed 5-8-2012; Ord. 906-202, passed 5-8-2012; Ord. 906, passed 4-12-2016, Ord. 906, 1st Series, passed 5-9-2017; Ord. 906, 2nd Series, passed 12-11-2018; Ord. passed - -; Ord. 01-22, passed 3-8-2022; Ord. 04-22, passed 4-12-2022; Ord. 23-04, passed 11-14-2023)
Editor’s note:
This section was amended at public hearings on 3-7-2012 and 4-4-2012.