For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A secondary building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building.
AGRICULTURE. The art or science of cultivating the soil and activities incidental to that pursuit. The growing of soil crops in the customary manner on open tracts of land; 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 outside the public right-of-way.
ALLEY. A public or private right-of-way less than 30 feet in width which affords secondary means of access to abutting property.
ALTERATION. As applied to a building or structure, a change or rearrangement in the structural parts or enlargement or the moving from one location or position to another.
APARTMENT. A room or suite or rooms designed for, intended for or used as a residence for one family or individual and equipped with cooking facilities.
APARTMENT BUILDING. Two or more apartments grouped in one building.
AUTOMOBILE SERVICE STATION OR FILLING STATION. A place where gasoline, kerosene or any other motor fuel or lubrication oil or grease for operating motor vehicles is offered for sale and delivered directly into motor vehicles including greasing and oiling.
BILLBOARD. See SIGNS, ADVERTISING.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways or boundary lines of the corporate limits of the city.
BOARDING HOUSE. A building other than a hotel or motel, where for compensation and by pre-arrangement for definite periods, meals or lodging and meals, are provided for three or more persons not members of the immediate family therein.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind; and when separated by part walls without openings, each portion of the building so separated shall be deemed a separate BUILDING.
BUILDING, DETACHED. A building surrounded by open space, the open space being on the same zoning lot as the building.
BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard room, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BULK AND DENSITY CONTROLS. Those regulations or controls, which specify the setback lines, lot sizes, building, maximum ground coverage, lot width and lot depth.
CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
CLUB. A non-profit association of persons who are bona fide members, paying regular dues and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMUNITY SEWER SYSTEM. A system of sewer control and processing serving a group of buildings and lots with the design and construction of the systems as approved by the state.
CORNER LOT. Consists of two fronts, one side and one back view.
CURB LEVEL. The level of the established curb in front of the building measured at the center of the front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street.
DISTRICT ZONING. A section of the city for which the regulations governing the height, area, use of building and premises are the same as delineated by the Zoning Map.
DRIVEWAY. Hard surface useable for the parking of a motor vehicle and accessible to a public street or alley.
DWELLING. A building or portion designed or used exclusively for residential occupancy, including one-family, two-family and multiple-family units, but not including hotels, motels, boarding or lodging houses.
DWELLING, ATTACHED (GROUP, ROW OR TOWNHOUSE). A dwelling joined to other dwellings by a party wall or walls.
DWELLING, DETACHED. A dwelling entirely surrounded by open space, the open space being on the same zoning lot as the dwelling.
DWELLING, MULTIPLE-FAMILY. A dwelling containing one or more dwelling units, designed with more than one dwelling unit connecting to a common corridor or entranceway, originally constructed for the purpose; and not including converted dwellings or attached row dwellings (party-wall type).
DWELLING, SINGLE-FAMILY. A detached dwelling containing accommodations for and occupied by one family only.
DWELLING UNIT. Two or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.
EARTH-SHELTERED BUILDING. A building constructed so that 50% or more of the exterior is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structure’s lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations in earth covering. Partially completed buildings shall not be considered EARTH SHELTERED. Basement homes shall not be considered EARTH SHELTERED.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing 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.
FAMILY. Any number of individuals related by blood, marriage, adoption or foster care, or not more than five persons not so related, maintaining a common household and using common cooking and kitchen facilities; as distinguished from a group occupying a boarding house, lodging house, hotel or motel.
FAMILY, IMMEDIATE. Persons related by blood, marriage or certified legal instrument.
FARM. A tract of land, ten acres or more in size, or a space producing in excess of $2,500 annual value of agricultural products and used for agricultural activities such as the production of cash crops, livestock or poultry farming. The FARM may include an agricultural dwelling and accessory buildings and structures necessary to the operation of the FARM.
FEEDLOT. 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 feedlot operation is not accessory or incidental to a primary agricultural use.
FEEDLOT, CONFINED. A feedlot 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 FEEDLOT.
FENCE. A structure serving as an enclosure, a barrier or a boundary usually made of posts or stakes joined together by boards, wire or rails.
FLOOR AREA. The floor area of a building is the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, from the exterior faces of exterior walls, or from the centerline of party walls separating two buildings. The term does not include basements used for storage purposes or enclosed spaces used for off-street parking.
FLOOR AREA, LIVABLE. Livable floor area shall be the same as “floor area” defined above, excluding all area occupied by cellars, garages, porches, attics, stairways and storage, utility and heating rooms.
FRONTAGE. All the property fronting on one side of a street between the nearest intersecting street or between a street or right-of-way, waterway or other similar barrier.
GARAGE, PRIVATE. An accessory building or accessory portion of a principal building designed and used for the storage of private passenger vehicles of the family or families resident in the principal building, and in which no business service or industry is conducted.
GREEN SPACE. See OPEN SPACES.
GROUP CAMPS. A supervised outdoor camp serving a number of individuals who are affiliated with an accredited organization.
HOME OCCUPATION. Any occupation or profession carried on by a member of the family, residing on the premises, which is clearly secondary to the main use of the premises as a dwelling and does not change the character or exhibit any exterior evidence of the secondary use. Day care is exempt under this definition.
HOTEL. A building occupied as a temporary abiding place of individuals who are lodged with or without meals in which there are more than five sleeping rooms and where no provision is made for cooking in any individual room or apartment.
JUNK YARD. Land or building where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles; further that, the unenclosed storage of three or more inoperable and/or unlicensed vehicles or major appliances for a period of three months shall constitute a JUNK YARD.
KENNEL. No person, firm, kennel or corporation shall own, keep, harbor or have custody of more than four or more dogs or four or more cats, or a combination of both over the age of four months in any one-family residential unit or place of business.
MANUFACTURED HOME. A structure transportable in one or more sections which, in the traveling mode, is eight feet or more in width and 40 feet or more in length. The structure to be used as a dwelling for one family, with a permanent foundation when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems. No manufactured dwelling shall be moved into the city that does not meet the Manufactured Home Building Code, as defined in M.S. § 327.31, as it may be amended from time to time.
MANUFACTURED HOME PARK. A contiguous parcel of land which has been planned for the placement of ten or more manufactured homes or manufactured home lots.
METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.
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.
NON-CONFORMING BUILDING. A building or portion of a building lawfully existing at the time of adoption of this chapter in 1996, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is now located.
NON-CONFORMING LOT. A lot lawfully existing at the time of adoption of this chapter in 1996 which does not comply with the minimum lot area or frontage requirements of the district in which it is located.
NON-CONFORMING STRUCTURE. A structure lawfully existing at the time of adoption of this chapter in 1996 which does not comply with the bulk, yard, setback or height regulations of the district in which it is located.
NON-CONFORMING USE. A use lawfully in existence on the effective date of this chapter in 1996 and not conforming to the regulations for the district in which it is situated; except that, such a use is not non-conforming if it would be authorized under a conditional use permit where located.
NON-CONFORMING USE OF LAND. Any use of a lot which does not conform to the applicable use regulations of the district in which it is located.
NON-CONFORMING USE OF STRUCTURES. A use of a structure which does not conform to the applicable use regulations of the district in which it is located.
NURSING HOME. A home designed and licensed to provide care for aged or infirm persons requiring or receiving personal care or custodial care complying with the standards established by the state’s Board of Health.
OPEN SPACES. Land areas which are undeveloped and left in their natural spaces.
OPEN SPACE, PUBLIC. Any publicly owned open area including, but not limited to, the following: parks; playgrounds; school sites; parkways; and streets.
OWNER or PROPERTY OWNER. The 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, mortgagees and vendees under a contract for deed.
PARKING SPACE. A land area exclusive of driveways and aisles, of the shape and dimensions and so prepared as to be suitably hard and usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in the area.
PLANNING COMMISSION. The Planning Commission of the city.
PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other uses as allowed under this chapter.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board fully authorized to furnish under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation or water.
REST HOME. See NURSING HOME.
ROAD. A public right-of-way affording primary access by pedestrian and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.
SANITARY LANDFILL. A land deposit site employing an engineering method of disposing of solid waste on land in a manner which minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest possible volume, and applying cover material at the end of each operating day or at the intervals as may be required by the state’s Pollution Control Agency.
SCREENING. The use of plants, materials, fences or earthen berms to partially conceal the separate land use from the surrounding land uses.
SETBACK LINE. A line within a lot or other parcel of land parallel to a public road, street or highway right-of-way line defining that minimum distance between the building and property line in which buildings or structures may not be placed.
SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business. Warning signs or public identification signs such as street signs shall be exempt from these regulations when under two square feet in size.
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 such a sign is located.
SIGN, AREA OF. See SIGN, SURFACE AREA OF.
SIGN, BUSINESS. A sign which directs attention to a business or profession or a commodity, service or entertainment sold or offered upon the premises where such a sign is located.
SIGN, REAL ESTATE. A sign which directs attention to, and is located on, real estate being offered for sale.
SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of the sign and not forming an integral part of this display. Only one side of a double-face or V-type sign structure shall be used in computing total surface area.
STANDARD, PERFORMANCE. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements.
STORY. The portion of the 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 the ceiling next above it.
STREET. A public or private right-of-way 40 feet or more in width, approved or accepted by public authority or user, which provides a primary means of public access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar terms.
STREET LINE. The right-of-way line of a street.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate STRUCTURE.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.
SUBDIVISION.
(1) A described tract of land which is to be or has been divided into two or more lots or parcels or the division of a lot, tract or parcel of land into two or more lots, tracts or parcels for the purpose of transferring ownership or building development, or if a new street is involved, any division or development of a parcel of land.
(2) The term shall include resubdivision of land; provided, however, that, the sale or exchange of small parcels of platted land to or between adjoining property owners shall be considered a SUBDIVISION.
TOWNHOUSE. A single-family dwelling which maintains private ingress and egress, attached to its own foundation, contains no independent dwellings above or below it and is attached to other similar dwellings by a common wall.
TRAVEL TRAILER. A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as TRAVEL TRAILER by the manufacturer of the trailer.
USE. The purpose for which land or premises or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use subordinate to the main use on the same lot and used for purposes customarily incidental to those of the main use.
USE, CONDITIONAL. A land use or development as defined by this chapter that may be allowed with appropriate restrictions as provided by official controls upon a finding that:
(1) Certain conditions as detailed in this chapter exist;
(2) The use or development conforms to the Land Use Plan of the city; and
(3) Is compatible with the existing neighborhood.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement and the like.
VARIANCE. A modification of the application of the zoning ordinance to a specific lot where, because of unique physical circumstances, strict enforcement would cause an undue hardship or practical difficulties in the use of land. VARIANCES shall be limited to height, bulk, density and yard requirements.
WATERS OF THE CITY. All streams, lakes, ponds, pools, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the city or any portion of the city.
YARD, FRONT. A yard extending across the front of the lot between the side yard lines and lying between the front street line of the lot and the nearest line of the building.
YARD, REAR. An open space unoccupied, 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 the side line of the lot and extending from the front lot line to the rear yard.
ZONING ADMINISTRATOR. The designated Zoning Administrator of the city. The duties of the Zoning Administrator are currently the responsibility of the Maintenance Supervisor.
ZONING LOT. A plot of ground, made up on one or more parcels of land, which is or may be occupied by a use, building or buildings, including the open spaces required by this chapter.
ZONING MAP. The map or maps incorporated into this chapter, designating the zoning districts.
(2001 Code, § 11.03)