For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All distances, unless otherwise specified, shall be measured horizontally.
ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the BLUFF):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
(4) The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOATHOUSE. A facility as defined by M.S. § 103G.245.
BUILDING LINE. The line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.
COMMERCIAL. Business activity of a normal wholesale or retail nature and including travel related facilities as automobile accessory stores and gasoline filling stations, bowling alleys, cafés (including drive-in eating establishments), dairy product stores, self-service laundries, liquor stores, motels, hotels, restaurants, trailer parks and campgrounds, resorts and related recreation uses.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONDITIONAL USE. A land use or development, as defined by ordinance, that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning provisions of the code exist, the use or development conforms to the Comprehensive Land Use Plan of the city, and the use is compatible with the existing neighborhood.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
DUPLEX, TRIPLEX and QUAD. A dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or time-share accommodations such as motels, hotels and resort rooms and cabins.
ENVIRONMENTAL ASSESSMENT WORK SHEET or EAW.
(1) A brief document, in work sheet format, that helps local governments and state agencies decide whether a proposed action is a major action with the potential for significant environmental effects and, in the case of a private action, whether it is of more than local significance.
(2) If the action meets these criteria, an environmental impact statement (EIS) should be prepared.
ENVIRONMENTAL IMPACT STATEMENT or EIS. An informational document which contains a thorough evaluation of the environmental effects of a proposed project. The EIS provides information for agencies and private persons which helps them not only to evaluate the impacts of proposed actions which have the potential for significant environmental effects, but to consider alternatives and to institute methods for reducing adverse environmental effects.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.
FILTERING BASIN. A wetland, low area or basin that may contain related vegetation which functions to remove sediment, organic matter and other pollutants from runoff or waste water by filtration, disposition, infiltration, absorption, adsorption, decomposition and volatization, thereby reducing pollution and protecting the environment.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
HARDSHIP. The same as that term is defined in M.S. Ch. 462 (for municipalities), as it may be amended from time to time.
HEIGHT OF BUILDING. 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 of the highest gable of a pitched or hipped roof.
INDUSTRIAL. Any activity engaged in the cleaning, servicing, testing, repairing, storage, processing, construction or fabrication of goods or products, including mining or stripping of soils or minerals.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
LOT WIDTH. The shortest distance between lot lines as measured at the legal building setback line and not being less than the required lake frontage.
NON-CONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of 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 open space, density increases and a mix of structure types and land uses. These DEVELOPMENTS may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises or any combination of these or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.
PUBLIC WATERS. Any water as defined in M.S. § 103G.005, subd. 15, 15a.
SEMI-PUBLIC USE. The use of land by a private, non-profit organization 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 groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of 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 a bluff, road, highway, property line or other facility.
SEWAGE TREATMENT SYSTEM. Has the meaning given under Minn. Rules, part 7080.1100, subp. 82.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes 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 feet for agricultural land uses and 50% of the structure setback for all other land uses.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance an 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 waters for lesser distances and when approved by the Commissioner.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.108, as it may be amended from time to time. A HISTORIC SITE meets these 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 Archaeologist or the Director of the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this subchapter. 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, that are not bluffs.
STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.
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 conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of the use.
TOE OF THE 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%.
VARIANCE. The same as that term is defined in M.S. § 462.357, subd. 6(2).
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, reasonably needs to be located closer to public waters than the normal structure setback. Examples of the structures and facilities include boathouses, screen houses and fish houses.
WETLAND. Has the meaning given under Minn. Rules, part 8420.0111.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014; Ord. 34, Eighth Series, effective 2-5-2023)