For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A structure or portion of a structure subordinate to and serving the principal use of a structure on the same lot and customarily incidental thereto and, because of its use, can reasonably be located at or greater than normal structure setbacks.
ACCESSORY USE. A use naturally and normally incidental to, subordinate to and auxiliary to the principal permitted use of the premises.
AGRICULTURE. The cultivation of the soil and activities incidental thereto; the growing of soil crops in the customary manner on open tracts of land or other growing methods; the accessory raising of livestock and poultry; farming. The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished off the public right-of-way.
ALLEY. Any dedicated public way providing a secondary means of ingress and/or egress to land or structures thereon.
AUTOMOBILE WRECKING YARD. See JUNK YARD.
BASEMENT. The portion of a floor of a building which is wholly or partially, up to 50% of the floor area underground or below grade.
BOARDING or ROOMING HOUSE. Any dwelling other than a hotel or motel where meals or lodgings and meals for compensation are provided for five or more persons, pursuant to previous arrangements and not to anyone who may apply.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind.
BUILDABLE AREA. The part of the lot remaining after required yards have been provided.
BUILDING, PRINCIPAL. A building or structure in which is conducted the main or principal use of the lot on which the building or structure is situated.
BUILDING, SETBACK LINE. The front line of the building or the legally established line which determines the location of the building with respect to the street line, lot line or ordinary high water level.
BUILDING SITE. Any lot or portion thereof or two or more contiguous lots or portions thereof or a parcel of land upon which an industrial or commercial building or buildings and appurtenant structures may be erected in conformance with the requirements of these protective covenants, the size and the dimensions of which are determined by the legal descriptions in the original conveyance from the city to the first fee owner of each parcel.
BULK AND DENSITY CONTROLS. Those regulations or controls which specify the setback lines, lot size, building height, maximum ground coverage, lot width and lot depth.
CARPORT. A structure having a roof supported by columns but not otherwise enclosed, designed to shelter an automobile.
CENTRAL BUSINESS DISTRICT. The portion of the city which clearly houses the major concentration of commercial and service activities.
CITY COUNCIL. The duly elected and qualified governing body of the city.
CLEAR-CUTTING. The removal of any entire stand of trees.
CLINIC. A clinic for the purpose of this chapter that is a public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a doctor(s) acting in concert and in the same building for the purposes aforesaid.
COMMERCIAL PLANNED UNIT DEVELOPMENTS. That typically provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks and other primarily service oriented activities are COMMERCIAL PLANNED UNIT DEVELOPMENTS.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONDITIONAL USE. A land use or development as defined by this chapter 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 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.
CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in this chapter which would enable the City Council to attach appropriate restrictions to a proposed use or conditions surrounding it.
DAY CARE, NURSERY. A non-home service provided to the public, in which children of school or preschool age are cared for during established business hours.
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 the ground.
DEPTH OF REAR YARD. The average horizontal distance between the rear line of the building and the center line of an alley, where an alley exists, otherwise a rear lot line.
DISTRICT ZONING. Any section of the incorporated area of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DWELLING, MULTIPLE. A building designed with three or more units for occupancy by three or more families living independently of each other but sharing hallways and main entrances and exits.
DWELLING, SINGLE-FAMILY. A dwelling occupied by only one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only.
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, TWO-FAMILY. A dwelling so designed and arranged to provide cooking and kitchen accommodations, sanitary facilities and separate entrances for occupancy by two families.
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 timeshare accommodations such as motel, hotel and resort rooms and cabins. However, recreational vehicles or tents shall not be considered a DWELLING for the purpose of this chapter.
EASEMENT.A grant by a property owner for the use of a strip of land for the purpose of construction and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, communication, steam or water transmissions or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions for the public health, safety or general welfare.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals and peat not regulated under M.S. §§ 93.44 through 93.51, as amended from time to time.
FAMILY. Any number of persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage, adoption or any unrelated persons who reside therein as though a member of the family including the domestic employees thereof. Any group of persons not so related but inhabiting a single house shall, for the purpose of this chapter, be considered to constitute one family for each five persons, exclusive of domestic employees, contained in each group.
FARMSTEAD. The area which includes the farm dwelling and other buildings in close proximity to the farm dwelling.
FEED LOT. An enclosure for the purpose of feeding poultry, livestock, mink and other fur bearing animals, where the enclosure does not or is not intended to provide natural pasture for the animals and where the feed lot operation is not accessory or incidental to a primary agricultural use.
FEED LOT, CONFINED. A feed lot in which the animals are confined closely in an open lot or enclosed building and where it is necessary to periodically remove the manure from the lot or enclosure except that a dairy barn shall not be considered a feed lot.
FLOOR AREA, GROUND. The area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including attached utility or accessory rooms having three or more exterior sides.
FRINGE CENTRAL BUSINESS DISTRICT. The portion of commercial land around the periphery of the Central Business District which is adjacent to other land uses.
GARAGE, PRIVATE. A garage with the capacity of not more than three power-driven vehicles for storage only and which is erected as an accessory building.
GARAGE, PUBLIC. Any premises except those described as a private or community garage, used for storage or care of power driven vehicles, or where any such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.
GASOLINE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilities for the installation of the commodities on or in the vehicles, but not including special facilities for the painting, major repair or similar servicing thereof.
GREEN BELT. An area of natural growth such as grass, trees, shrubs and the like.
GROUP HOME. A state licensed group home or foster home serving six or fewer mentally- or physically-challenged persons.
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 the state statutes.
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.
HIGHWAY BUSINESS. Business or businesses that provide commercial or service activities which are primarily oriented toward automobile traffic.
HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or exhibit any exterior evidence of the secondary use. The occupation shall be carried on or conducted only by the members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale on the premises.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
INDUSTRY, HEAVY. Those industries which, because of the nature of the product or operational activities, require the maximum extent of municipal and transportation services and should be isolated from residential and/or commercial land uses.
INDUSTRY, LIGHT. Those industries with activities which, due to their industrial nature, are not allowable in commercial areas, yet are not noxious by reason of odor, dust, smoke, noise or gas.
INDUSTRY, MEDIUM. Those industries with uses which require the maximum extent of transportation services, yet are not noxious by reason of odor, dust, smoke, noise or gas.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
JUNK YARD. A place maintained for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually; buying or selling at retail or wholesale any old, used or secondhand material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in residential districts.
LODGING HOUSES. A building or premises where lodging is provided for compensation for five or more persons, but not exceeding 25 persons.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
LOT AREA. The land area within the lot lines.
LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each family in a dwelling.
LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. A property boundary line of any lot as defined herein. When a lot line abuts on a street, avenue, park or other public property except an alley, the line shall be known as a street line and when a lot line abuts on an alley, it shall be known as an alley line.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder or a lot described by metes and bounds, the deed to which has been recorded in the office of the County Recorder.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, is 320 or more square feet and when erected on site is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.
MANUFACTURED HOME PARK. Any site, lot, field or tract of land under single ownership, designed, maintained or intended for the placement of two or more occupied manufactured homes. MANUFACTURED HOME PARK shall include any buildings, structure, vehicle or enclosure intended for use as part of the equipment of the manufactured home park.
MANUFACTURED HOME STAND. The part of an individual home lot which has been reserved for placement of the manufactured home, appurtenant structures or additions.
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 with a permanent foundation.
MOTEL or MOTOR COURT. A business comprising a series of attached, semi-detached or detached rental units with or without eating facilities for the overnight accommodation of transient guests.
NON-CONFORMING BUILDING, STRUCTURE OR USE. 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 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.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel or watercourse which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.
OPEN SPACE. Land areas which are undeveloped and left in their natural states.
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.
OWNER or PROPERTY OWNER. The fee owner of land or the beneficial owner of land, whose interest is primarily one of ownership or possession and enjoyment in contemplation of ultimate ownership. The term includes, but is not limited to, mortgages and vendees under a contract for deed.
PARKING SPACE. An area of not less than 200 square feet, plus adequate access drives to streets.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and performance standards (if any) of the districts.
PERSON. Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word PERSON is used in any section prescribing a penalty or fine, it shall include partners or members of any corporation, who are responsible for the violation.
PLANNED UNIT DEVELOPMENT. A type of development 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 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.
PLANNING AND ZONING COMMISSION. The City of Gaylord Planning and Zoning Commission.
PUBLIC/PUBLIC SERVICE BUILDING. Buildings which are designed, constructed and maintained for and by the public. These buildings may include city halls, city garage, county buildings, well and pump houses, water towers and community halls.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, Subd. 15, as amended from time to time.
QUARTER and QUARTER-QUARTER SECTION. A division of a section of land according to the rules of the original United States government public land survey.
RECREATIONAL VEHICLE CAMPGROUND. Any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of three or more recreational camping vehicles free of charge or for compensation.
RESIDENTIAL PLANNED UNIT DEVELOPMENT. 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, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites.
ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
SCREENING. The use of plant material, fences or earthen berms to partially conceal and separate a land use from the surrounding land uses.
SEMI-PUBLIC BUILDINGS. Those facilities which are partially public in nature, such as, churches, schools and the like.
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 consistency of the organization.
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.
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% of the structure setback.
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 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 waters for lesser distances and when approved by the Commissioner.
SIGN. Any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed or constructed and displayed in any manner whatsoever for recognized advertising purposes. For purposes of this chapter, a flag constitutes a sign, but not including an emblem or insignia of a government, school or religious group when displayed for official purposes.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where the sign is located.
SIGN, BUSINESS. A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.
SIGN, FLASHING. Any illuminated sign on which the illumination is not kept stationary or constant in intensity and color at all times when the sign is in use.
SIGN, FLAT WALL. A sign affixed directly to the exterior wall and confined within the limits thereof of any building and which projects from that surface less than 18 inches at all points.
SIGN, MISCELLANEOUS. Any sign used to express a belief which falls under the category of free speech.
SIGN, NAME PLATE. Any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PROJECTING. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PYLON. A freestanding sign erected upon a single pylon or post which is in excess of ten feet in height with a sign mounted on top thereof.
SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.
SIGN, SEMI-PUBLIC. A sign which is for a use such as churches, libraries, museums, schools, hospitals, memorial buildings or other similar uses.
SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside of the limits of the sign and not forming an integral part of the display.
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 chapter. 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.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade for more than 50% of its perimeter or is more than 12 feet above grade at any point, the basement, cellar or unused underfloor space is a story.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or to something having permanent location on the ground, including advertising devices or other construction or erection with special function or form, except fences or walks.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.
TOWNHOUSE. Single-family attached units in structures housing three or more dwelling units contiguous to each other, only by the share of one common wall and each dwelling unit shall have separate and individual front and rear entrances.
VARIANCE. A modification or variation of the strict provisions of this chapter, as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship or particular difficulty imposed upon him or her by this chapter. Economic considerations alone shall not constitute a hardship. A variance shall normally be limited to height, bulk, density and yard requirements. A modification in the allowable uses within a district shall not be considered a variance.
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 boat houses, gazebos, screen houses, fish houses, pump houses and detached decks.
WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).
YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky.
YARD, FRONT. An open unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street line and the front of the building projected to the side lines of the lot. If a lot abuts two streets, the narrower side is the front yard.
YARD, REAR. An unoccupied open space, except for accessory buildings, on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot.
YARD, SIDE. An open unoccupied space on the same lot with a building between the building and side line of the lot and extending from the front yard to the rear yard.
(Ord. 209.5, passed 12-14-1994; Am. Ord. 280, passed 1-3-2011; Am. Ord. 342, passed 9-15-2021)