A. Rules: For the purpose of this title, certain words and terms used herein shall be interpreted as follows:
1. The word "person" includes an owner or representative of the owner, firm, association, organization, partnership, trust, company or corporation as well as an individual.
2. The present tense includes the future tense, the singular includes the plural, the plural includes the singular.
3. The word "shall" is mandatory, the word "may" is permissive.
B. Rules Of Interpretation: The following rules shall apply to the interpretation of this title:
1. Singular includes the plural, and plural includes the singular.
2. A person includes any individual or married couple, and any legally established corporation, trust, or other entity capable of property ownership.
3. Whenever a term appears in this title, which is defined by this section of this title, such definition shall apply unless a different definition is provided in the same paragraph as that in which the term appears.
4. If a term is not defined by this section or within the same paragraph as the term appears, common rules of ordinary English language usage interpretation shall apply. This shall include interpretation according to the meaning of the term as it is defined in the Webster's Unabridged Dictionary (fourth addition) which most appropriately fits the context.
5. Whenever the meaning of a term not defined by this section or within the same paragraph as the term appears is debated as part of the consideration for a particular decision before the planning commission or the board of adjustment, as the case may be, the planning commission or board of adjustment shall determine the definition to be applied, and such definition shall be entered into the findings and minutes of the meeting.
C. Definitions: Wherever the following words and terms occur in this title they shall be interpreted as herein defined:
ABUTTING: Making contact with another property.
ACCESSORY BUILDING OR USE: A building or use which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent, or purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and
4. Is located on the same zoning lot as the principal building or principal use. Examples of accessory uses are private garages, storage sheds, playhouses, and swimming pools.
ADDITION: A physical enlargement of an existing structure.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALLEY: A public right of way primarily designed to serve as secondary access to the side or rear of those properties whose principle frontage is on the street.
AMUSEMENT PARK: The permanent use for the purpose of providing a variety of amusement facilities to the public for compensation either in the form of admission fees and/or fees for use of separate amusement facilities.
ANIMAL SHELTER: Any lot or premises, not a kennel, in which strayed or abandoned animals are cared for on a temporary basis until claimed, adopted, or euthanized.
ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and omnidirectional antennas, such as whip antennas.
APARTMENT: A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit.
APARTMENT BUILDING: Three (3) or more dwelling units or apartments grouped in one building.
APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land for whom the provisions of this title are being considered or reviewed.
AUTOMOBILE REPAIR GARAGE: A place where the following services for automobiles may be carried out: sale of engine fuels; general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; painting and undercoating of automobiles.
AUTOMOBILE REPAIR–MAJOR: General repair, rebuilding or reconditioning engines, motor vehicles, or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE REPAIR–MINOR: Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under the definition of "Automobile Repair-Major".
AUTOMOBILE SALVAGE YARD: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two (2) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.
AUTOMOBILE SERVICE STATION: A place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing and oiling and the sale of automobile accessories on the premises. This definition also includes minor repairs, replacement of parts and motor services to passenger automobiles.
AUTOMOBILE WRECKING OR JUNK YARD: Any place where two (2) or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof; including any commercial salvaging and scavenging of any other goods, articles, or merchandise. See also definitions of Junkyard and Salvage Yard.
BASEMENT: That portion of a building between below grade floor and first ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. See definitions of Cellar and Story.
BAY: Cantilevered area of a room.
BED AND BREAKFAST ESTABLISHMENT: A single-family dwelling in which four (4) or fewer transient guestrooms are rented on a nightly basis for periods of time less than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only.
BOARD OF ADJUSTMENT: The local body appointed by the city council of Hawley, whose responsibility is to hear appeals from decisions of the zoning official.
BOARDER: One who receives regular meals and/or regular meals and lodging for pay.
BOARDING (HOUSE) HOME–FOSTER CHILDREN: A family dwelling where parental care is provided by a family for children not related by blood or legal ties.
BOARDING (LODGING) HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods meals and/or lodging are provided to three (3) or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten (10) persons.
BOUNDARY LINES: Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the city's zoning map.
BUFFER: The use of land, topography, difference in elevation, space or fences or landscape plantings to screen or partially screen a use or property from the vision of another use or property.
BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this title have been met and minus any easements covering the remaining space.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind, and includes any structure.
BUILDING CODE: The building code adopted by the state of Minnesota.
BUILDING HEIGHT: The vertical distance measured from:
1. The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade; or
2. An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in this definition, is more than ten feet (10') above the lowest grade up to the highest point of the parapet surrounding a flat surface of a flat roof with a parapet less than one foot (1') in height, to the deck lines of a mansard roof, or to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
The height of a stepped or terrace building is the maximum height of any segment of the building.
BUILDING LINE: A line parallel to the street right of way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right of way.
BUILDING OFFICIAL: Representatives of the city who have been appointed by the city council and/or assigned the responsibility of enforcing provisions of this title.
BUILDING SETBACK: The minimum horizontal distance between the building and the lot line.
BUSINESS: Any establishment, occupation, employment, enterprise, or service offered for compensation.
CAMPGROUND: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
CARPORT: A canopy supported by posts either ornamental or solid and completely open on one or more sides.
CELLAR: That portion of a building between the floor and ceiling which is wholly or partly below grade and is so located that the vertical distance from grade to the floor is equal or greater than the vertical distance from grade to ceiling.
CEMETERY: A site or property set apart for the burial or interment of the dead.
CERTIFIED MASSAGE THERAPIST: An individual or person over the age of eighteen (18) who practices or administers massage and has completed a course of study at a school of massage, that is approved by the American Massage Therapy Association and is a member of the American Massage Therapy Association.
CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CHILDCARE FACILITY (COMMERCIAL): A building or structure where care, protection and supervision are provided for a fee, on a regular schedule and in compliance with state of Minnesota childcare licensing regulations (department of human services rule 9503).
CHILDCARE FACILITY (RESIDENTIAL): A private residence where care, protection, and supervision are provided, for a fee and on a regular schedule, and in compliance with state of Minnesota childcare licensing regulations (department of human services rule 9502).
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.
CITY: City of Hawley.
CITY COUNCIL: City council of Hawley, Minnesota.
CLINIC: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.
CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying annual dues, with the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining space and kitchen facilities are available.
COMMERCIAL RECREATION: Bowling alley, cart track, jump center, golf, billiards (pool) hall, vehicle racing or amusement, dance hall, skating, trampoline, firearms range, boat rental, amusement rides, campgrounds, park and similar uses.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
COMMON OPEN SPACE: Any open space including private parks, nature areas, playgrounds, trails, and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.
COMPREHENSIVE PLAN: Unless otherwise stated, it is the general plan for land use, housing, transportation and community facilities prepared and maintained by the city council for the municipality.
CONDITIONAL USE: A use other than those permitted which must meet certain conditions to ensure compatibility with the land uses in a district before such a use may be approved and permitted with the city council.
CONDITIONAL USE PERMIT: A permit issued by the city council in accordance with procedures specified in this title, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUM: A development or a structure housing two (2) or more dwelling units which are individually owned and which have jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota condominium law, Minnesota statutes, sections 515.A1-101 to 515.A.4-118.
COOPERATIVE (HOUSING): A multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minnesota statutes 290.09 and 290.13. The entire structure and real property are under common ownership as contrasted to a condominium dwelling where individual units are under separate individual ownership.
COURT: An unoccupied open space other than a yard which is bounded on three (3) or more sides by the walls of buildings.
CURB LEVEL: The elevation of the established curb in front of a building measured at the center of such front. Where no curb has been established, the city engineer shall determine a curb level or its equivalent for the purposes of this title.
DAYCARE FACILITY: Any facility licensed by the Minnesota state department of public welfare, public or private, which for a fee or other compensation regularly provides one or more persons with care, training, supervision, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than in the person's home. Daycare facilities include, but are not limited to: commercial and residential childcare facilities, daycare centers, day nurseries, nursery schools, daytime activity centers, and adult daycare facilities. See definition of childcare facility.
DENSITY, RESIDENTIAL: A number expressing the relationship of the number of dwellings to an acre of land.
DIVERSION: A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.
DRAINING: The removal of surface water or ground water from land.
DREDGING: To enlarge or clean out a water body, watercourse, or wetland.
DRIVE IN RESTAURANT: Any place or premises used for sale, dispensing or serving of food, refreshments, or beverages on the premises, typically in the customer's vehicle, however, including those establishments where customers may consume food and beverages on the premises.
DWELLING: A building or portion thereof, designated exclusively for residential occupancy, including one-family, two- family, and multiple-family dwellings, but not including hotels, motels or boarding houses.
DWELLING, MULTIPLE-FAMILY: A residence designed for or occupied by two (2) or more families living independently of each other, with separate housekeeping and cooking facilities for each unit.
DWELLING, SINGLE-FAMILY: A residence designed for or occupied by one family only.
DWELLING, TWO-FAMILY: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. This would include single-family homes with an apartment in the basement. A two-family dwelling (duplex) with a rooming unit(s) shall be considered and classified as a multi- family dwelling.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.
DWELLING UNIT, EFFICIENCY: Any one room unit having cooking facilities and used for combined living, dining, and sleeping purposes.
EARTH SHELTERED BUILDING: A building so constructed that fifty percent (50%) or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the liveable space in residential units and of useable space in nonresidential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or substructure for above grade construction. A partially completed building shall not be considered earth sheltered.
EASEMENT: A grant by an owner of land for a specific use by persons other than the owner.
ELDERLY (SENIOR CITIZEN) HOUSING: A multiple dwelling built with open occupancy limited to persons over sixty (60) years of age, or where not more than ten percent (10%) of the occupants may be persons under the age of sixty (60).
ENGINEER OF CITY OR CITY ENGINEER: The registered engineer employed or retained by the city, unless otherwise stated.
EROSION: The wearing away of land surface by the action of natural elements.
ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of essential services, including, but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks and lift stations.
ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead communication, gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
FAMILY: An individual or two (2) or more persons related by blood, marriage, adoption or a group of not more than four (4) persons who need not be related by blood or marriage living together in a dwelling unit.
FARM: An unplatted tract of land having ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of approximately ten (10) acres, measured from the centerline of abutting roads, for purposes of residential density usually with a house and barn and other buildings on which crops and often livestock are raised for a source of livelihood.
FARM, HOBBY: An unplatted piece of land generally consisting of ten (10) or less acres in size with a house and accessory buildings on which crops and often livestock are raised but not as a principal source of income. A hobby farm shall not qualify for exemptions provided in this title for farms.
FARMING: Process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and keeping of common domestic farm animals.
FARMSTEAD: A dwelling unit surrounded by or connected to farm buildings, all under single ownership.
FEEDLOT, COMMERCIAL: The place of confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals.
FENCE: Any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.
FILLING: The act of depositing or regrading any rock, soil, gravel, sand or other material so as to fill a water body, watercourse or wetland.
FLOOD RELATED: A list of flood zones for all property within the Hawley city limits by the flood insurance study as prepared for the city by the federal emergency management agency and dated March 16, 1981.
FLOOR AREA, GROSS: The sum of the gross horizontal area of all the floors of a building utilized for principal and accessory uses.
GARAGE, PARKING: A building or portion of a building, except any herein defined as a private garage or as an automotive repair garage, used for the storage of motor vehicles or where any such vehicles are kept and in which the sale of gasoline, oil and accessories is only incidental to the principal use.
GARAGE, PRIVATE: An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and noncommercial trucks not exceeding twelve thousand (12,000) pounds' gross weight, of the family or families resident upon the premises, and which no business service or industry is carried on except for home occupations.
GARAGE, STORAGE: Any premises, except those described as a private or public garage, used exclusively for the storage of motor driven vehicles.
GAS STATION: See definition of Automobile Service Station.
GRADING: Changing the natural or existing topography of land.
GROUP HOME FOR THE DISABLED: A dwelling shared by four (4) or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long term, family like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
As used herein, the term "disabled" shall mean having:
1. A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment. However, "disabled" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the disabled" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.
GUESTROOM: A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.
HALFWAY HOUSE: See definition of Residential Facility.
HEALTH CLUB: A facility which provides to the public athletic activities such as tennis, handball, racquetball, track, basketball, exercise devices, etc., and such incidental services as whirlpool, sauna or massage services for members and guests.
HOME OCCUPATION: Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.
HOTEL: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guestrooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly.
HOUSING SHELTER–TEMPORARY HOUSING: A facility operated by the public or a nonprofit charitable group or institution which provides one or more transient/homeless persons with lodging and meals for short periods of time in a place other than a person's own home.
IMPERVIOUS SURFACE: An artificial or natural surface through which water, air or roots cannot penetrate.
JUNKYARD: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, dissembled or handled; including, but not limited to, scrap iron and other materials, paper rags, rubber tires, lumber and bottles. A junkyard includes an auto wrecking yard, but does not include uses established entirely within closed buildings nor sanitary landfills. See also definitions of Automobile Wrecking Or Junk Yard and Salvage Yard.
KENNEL: Any lot, premises, dwelling or dwelling unit in which four (4) or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit. Kennel shall also include the commercial boarding of any permitted animal in the city other than at pet shops, veterinary clinics or animal shelters.
LANDSCAPING: Planting, such as trees, flowers, grass, shrubs, and may include the reshaping of the land by moving earth or other physical improvements.
LIVEABLE SPACE: That area in a single-family or twin home residential structure that is suitable for year round occupancy. This shall not include a basement or cellar unless such area is completely finished and there is a walkout entrance; nor shall it include three (3) season areas such as decks, breezeways or porches.
LIVESTOCK: Any farm animals or poultry or other fowl (for commercial sale). Not dogs, cats, or exotic or dangerous animals.
LOADING SPACE: A space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
LODGING ROOM: A room rented as a sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
LOT: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.
LOT AREA: The total horizontal area within the lot lines of a lot exclusive of any portion of the right of way of any public roadway.
LOT, BASE: Lots meeting all specifications in the zoning district prior to being subdivided into a two-family dwelling.
LOT COVERAGE: Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of the lot.
LOT DEPTH: Lot depths shall be considered to be the distance between the midpoint of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT, FRONT: The front of a lot shall be considered to be that boundary abutting a public street.
1. In a through lot the front of the lot will be on the street the principal building faces and/or has the main entrance.
2. In a residential corner lot, the front lot is the one that has the main house entrance.
3. On a commercial or industrial corner lot, the front lot is the one that faces the main public street and may have the main building entrance.
LOT IMPROVEMENT: Any building, structure, place, work of art or other object, or improvement of the land on which it is situated, a physical betterment of real property, or any part of such betterment.
LOT LINE: A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right of way.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street. (For corner lots, see also definition of Yard Type.)
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or rear lot line.
LOT OF RECORD: Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's outlot or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of ordinances for Clay County, Minnesota, prior to the effective date hereof.
LOT, SUBSTANDARD: A lot or parcel of land for which a deed has been recorded in the office of the Clay County recorder upon or prior to the effective date hereof which does not meet the minimum lot area, structure setbacks or other dimensional standards of this title.
LOT TYPES: 1. Corner Lot: A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of less than one hundred thirty five degrees (135°) with each other.
2. Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley.
3. Double Frontage Or Through Lot: A lot other than a corner lot with frontage on more than one street other than an alley.
4. Reversed Frontage Lot: A lot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may be a corner lot or an interior lot.
LOT WIDTH: The distance between the side lot lines, measured along the setback line as established by this title, or if no setback line is established, the distance between the side lot lines along the measured street line.
MANUFACTURED BUILDING: A manufactured building (or prefabricated structure) is any structure manufactured in accordance with the requirements of the Minnesota prefabricated structures and manufactured building code promulgated in accordance with Minnesota statutes sections 16.852 and 16B.61 (state building code).
MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode is eight feet (8') or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and included 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 filed a certification required by the secretary of the United States department of housing and urban development and complies with the standards established under this title. In floodway and flood fringe overlay districts, a manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
MANUFACTURED HOME LOT: A section of ground in a manufactured home park designated as the location of one housing unit, and all other necessary improvements required by this title.
MANUFACTURED HOME PARK: Any park, court, lot, parcel, or tract of land, designed, improved, maintained or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the manufactured home park or not. Also referred to as mobile home park or trailer park.
MANUFACTURED HOUSING: A factory built, single-family, detached housing unit that is manufactured according to the national manufactured housing construction and safety standards act of 1974 and shall include manufactured homes or mobile homes.
MASSAGE: The rubbing, stroking, kneading, tapping, or rolling of the body with the hands for the exclusive purpose of relaxation, physical fitness, or beautification and for no other purposes. It is administered, for a fee, by a certified massage therapist.
MASSAGE PARLOR: A place where the practice of massage is carried out.
MEDICAL AND DENTAL CLINICS: A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.
METES AND BOUNDS DESCRIPTION: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by describing lines or portions thereof.
MOBILE HOME: Any type of potentially mobile structure which is designed, constructed and equipped for use as a single-family dwelling unit suitable for year round occupancy, not drawn by its own power, but with its own permanently attached metal frame undercarriage to which wheels may be attached.
MOBILE HOME STAND: That part of an individual mobile home lot which has been reserved for placement of the mobile home, appurtenant structures, or addition.
MOTEL/MOTOR HOTEL: A building or group of detached, semidetached or attached buildings containing guestrooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located next to each unit, and used or intended to be used primarily for the accommodation of transient guests traveling by automobile.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.
MOTOR FUEL STATION: A place where motor fuels, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, including minor accessories and service for automobiles, and one stall car washes provide at least three (3) stacking spaces for cars, but not including automobile major repairs and rebuilding.
NONCONFORMING STRUCTURE, USE OR LOT; ILLEGAL: A building, structure, premises, lot or use unlawfully established and in violation of regulations applicable at the time of development or initiation.
NONCONFORMING STRUCTURE, USE OR LOT; LEGAL: A building, structure, premises, lot or use lawfully established prior to the adoption of this title or any amendment thereto which does not now conform with the applicable conditions or provisions of this title for the district in which the structure or use is located.
NOXIOUS MATTER OR MATERIAL: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well being of individuals.
NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants and shrubs.
NURSING HOME: A private building with facilities for the care of children, the aged, or the infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for treatment of disease or injury. The nursing home shall be licensed by the state board of health as provided for in Minnesota state statutes.
OCCUPANCY: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
OPEN SALES LOT: Land devoted to the display of goods for purchase, sale, rent, lease or trade where such goods are not enclosed within a building, and for the storage of the same prior to sale.
OPEN SPACE: Any open area not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalks, trails, recreation areas, water bodies, shore lands, watercourses, wetlands, ground water recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland and soils with severe limitation for development.
OPEN STORAGE: Storage of material outside building.
OUTDOOR CAMPING: The use of a tent, trailer, or "recreational vehicle", as defined by the city of Hawley zoning ordinance, that is used for human occupation on a temporary or seasonal basis; is not contingent on the availability or provision of washing and toilet facilities.
OUTLOT: A lot or parcel of real property, reserved for future building or occupancy which may require platting.
OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.
OVERBURDEN: The earth, rock, and other minerals that lie above a natural deposit of mineral.
OWNER: An individual, association, syndicate, partnership, corporation, trust or any other legal ownership interest in land buildings, structures, dwelling unit(s) or other property.
PARCEL: An individual lot or tract of land.
PARKING SPACE, OFF STREET: An off street parking space as specified in the off street parking requirements section of this title. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off street parking space shall be accessible from a public way.
PARTY WALL: A common wall which divides two (2) independent structures.
PERFORMANCE STANDARD: Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.
PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts.
PERSON: Any individual or legal entity.
PLANNING COMMISSION: The Hawley planning commission.
POLE BUILDINGS: Any structure possessing the following characteristics: structural wood poles or timbers buried inground on individual footings; metal wall coverings hung vertically of less than 28-gauge. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities or any similar structure not covering or enclosing a specific area.
PREFABRICATED HOME: See definition of Manufactured Home.
PREFABRICATED STRUCTURE: See definition of Manufactured Building.
PRINCIPAL STRUCTURE: The structure in which the primary use of the lot on which the structure is located is conducted.
PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional.
PROTECTIVE COVENANTS: Contracts entered into between owners and holders of mortgages constituting a restriction on the use of property within a subdivision for the benefit of the property owners.
PUBLIC: Pertaining to municipal, school district, county, state or other governmental units.
PUBLIC USES: Uses owned or operated by municipal, school districts, county, state or other governmental units.
PUBLIC WATERS: Any waters of the state which serve a beneficial public purpose, as defined in Minnesota statutes 1974, section 105.37, subdivision 6, not including, however, a lake, pond or flowage of less than ten (10) acres in size or a river stream having a total drainage area less than two (2) square miles. In addition, bodies of water created by private users, where there was not previous shore land (for a designated private use authorized by the commissioner of natural resources) shall also not be considered public waters. The official determination of the size and physical limits of the drainage areas of rivers and streams shall be made by the commissioner of natural resources. The official size of lakes, ponds or flowage shall be the area listed in the division of waters, soils and minerals bulletin 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowage are not listed therein, official determination of size and physical limits shall be made by the commissioner in cooperation with the city of Hawley.
PUBLICATION: Notice placed in the official city newspaper stating time, location and date of meeting and description of topic.
RECREATION FIELD OR BUILDING: An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this title.
RECREATIONAL VEHICLE: Manufactured homes less than thirty feet (30') in overall length, including those with telescope or fold down, chassis, mounted campers, house cars, motor homes, tent trailers, slip in campers (those mounted in a pickup truck or similar vehicle), converted buses and converted vans used primarily for recreational purposes. Cars used for racing shall not be included within this definition. See definition of Travel Trailer.
RECYCLING FACILITY: A facility in which recoverable resources, such as newspaper, glass, and metal are collected, separated and processed prior to shipment to others who will use those materials to manufacture new products.
RESIDENTIAL FACILITY: Any facility licensed by the state department of health or department of public welfare, public or private, which for gain or otherwise regularly provides one or more persons with a twenty four (24) hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the commissioner of public welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs, or schools for disabled children.
RESIDENTIAL PROGRAM/RESIDENTIAL CARE FACILITY: Any facility or program providing twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner, to provide services for five (5) or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or mental problem that necessitates nursing home care; a program in an intermediate care facility for four (4) or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under chapter 254B of the Minnesota Statutes Annotated. Residential programs include home and community based services and semiindependent living services for persons with mental retardation or a related condition that are provided in or outside of a person's home.
RESTAURANT: An establishment which serves food to be consumed primarily while seated at tables or booths within the building.
RETAIL: The sale of items directly to the consumer.
RETIREMENT HOME: A retirement facility for the elderly who are generally in good health and able to care for themselves. Such facilities are characterized as having separate dwelling units or sleeping rooms with or without central eating facilities. Such facilities do not contain health facilities for the care of occupants. This definition shall include public housing for the elderly.
ROOMER: One who rents a room and eats meals elsewhere.
ROOMING HOUSE: Any dwelling in which more than three (3) persons either individually or as families are housed or lodged for hire, with or without meals. A boarding house or furnished room house shall be deemed a "rooming house".
ROOMING UNIT: A separate room providing minimum housing accommodations for a tenant with direct access to the outside or access through a hallway to an outside entrance, arranged primarily for sleeping and which may include a private bath but shall not include any kitchen equipment such as a sink or cooking device.
SALVAGE YARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; including auto salvage yards, house wrecking yards, and used material yards; but not including pawnshops, antique shops, purchase as storage of used furniture and household equipment, or the placing and sale of used cars in operable condition. See also definition of Automobile Wrecking Or Junk Yard or Junkyard.
SATELLITE DISH: An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; and/or a low noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals.
SATELLITE DISH HEIGHT: The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the tip of the foundation which supports the antenna.
SCHOOL: A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the state of Minnesota, and not providing residential accommodations.
SEMIPUBLIC USE: Uses owned by private or private nonprofit organizations which are open to some, but not all of the public, such as denominational cemeteries, private schools, clubs, lodges, recreational facilities, churches, etc.
SETBACK: The minimum horizontal distances between a structure and the property line nearest thereto. City boulevard area is not part of required setback. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.
SHOPPING CENTER: An integrated grouping of commercial stores, under single ownership or control.
SIGN: Any letter, word, symbol, device, poster, picture, statuary, reading matter of representation in the nature of an advertisement, announcement, message or visual communication whether painted, pasted, printed, affixed or constructed which is displayed outdoors for informational purposes. It shall include, but not be limited to, the following types and purposes of signs: advertising, area identification, business, directional, flashing, freestanding, illuminated, institutional, nameplate, pylon, rotating, swinging, temporary and traffic control.
SIGNS, OFF SITE: A sign other than an on site sign.
SIGNS, ON SITE: A sign relating in its subject matter to the premises on which it is located, or to the products, accommodations, service or activities on the premises. Not to include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
SITE PLAN: A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, utilities, landscaping and walkways, off street parking, as related to a proposed development.
SLOPE: The degree of deviation of a surface from the horizontal, usually expressed in percent of degrees.
SOLAR ENERGY SYSTEM: Any solar collector or other solar device or any structural design of a building whose primary purpose is to collect, convert and store solar energy for useful purposes including heating and cooling of buildings, domestic water heating, electric power generation and other energy using processes.
STACKING AREA: That area which allows for a line of vehicles in such instances as drive up tellers and other vehicle service areas entirely off public streets and rights of way.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, including belowground portions of earth sheltered buildings, except that the topmost story shall be that portion of a building included between the uppermost surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, or unused underfloor space is more than six feet (6') above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above such grade as defined herein at any point, such as basement or unused underfloor space shall be considered as a story.
STREET: A public right of way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated to the public for public use and which affords principal means of access to abutting property.
STREET LINE/RIGHT OF WAY: A line running the entire right of way width area of street. Includes boulevard and surface.
STREET PAVEMENT: The wearing or exposed surface of a street or roadway used by vehicular traffic.
STREET WIDTH: The shortest distance between the curb lines of a street.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures including buildings, manufactured homes, walls, fences, towers, antennas, swimming pools, billboards and poster panels.
SUPPLY YARDS: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
SURVEY, CERTIFIED: A survey, map, and related report prepared by, or under the direct supervision, of a registered land surveyor in the state of Minnesota.
SURVEYOR: A land surveyor registered under Minnesota state laws.
SWIMMING POOL: A structure designed to be used for swimming which has the capacity of five thousand (5,000) gallons or more which has a depth of over twenty four inches (24").
TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.
TOWN HOUSES: Structures housing two (2) or more dwelling units contiguous with each other only by the sharing of one common wall between units and occupying its own lot.
TRANSPORTATION TERMINAL: Taxi, air, train, bus and mass transit terminal and storage areas.
TRAVEL TRAILER: Any vehicle or structure designed and used for human living quarters which meets all of the following qualifications:
1. Is not used as the permanent residence of the owner or occupant;
2. Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities;
3. Is towed or otherwise transported, by its own or by other motive power on the public streets or highways incidental to such recreational or vacation activity.
The term trailer shall not include mobile home. The term trailer shall include, but not be limited to, campers, camper tents, house trailers, camping trailers, travel trailers, tent trailers, motor homes, and any self-propelled vehicle constructed to provide living accommodations.
TRUCK STOP: A motor fuel station devoted principally to the needs of trucks and which may include eating and/or sleeping facilities.
USE: The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this title.
USEABLE OPEN SPACE: A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available to and useable by all persons occupying a dwelling unit or rooming unit on the lot and their guests.
VARIANCE: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for area, size of structure, size of yards, setback and side yard requirements, and parking requirements; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.
VETERINARY CLINIC: The uses concerned with the diagnosis, treatment, and care of animals, including animal or pet hospitals.
WAREHOUSING: The storage of materials or equipment within an enclosed building.
WATERSHED: The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WETLANDS: An area where water stands near, at or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominately aquatic form of vegetation, and which may have the following characteristics:
1. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7 and 8 described by the United States fish and wildlife services, circular 39, Wetlands of the U.S. 1956.)
2. Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and muck).
3. Soil which is waterlogged or covered with water at least three (3) months of the year.
Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands, and such property, may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is designed to convert wind power to another form of energy such as electricity, mechanical, or heat (also referred to as wind charger, wind turbine, or windmill).
YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used.
YARD, DEPTH OF: The mean horizontal distance between the line of a building and the lot line.
YARD, REQUIRED: That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.
YARD TYPE: 1. Front Yard: The space extending between side lot lines from the front property line and the building setback line.
2. Rear Yard: A space extending between the rear line of the principal structure and the rear line of the lot and extending the full width of the lot.
3. Side Yard: A space between the building and the side line of the lot and extending from the lot line to the rear yard. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to the interior lot. In the case of the corner lots with reversed frontage, the yards remaining after the full and half depth front yards have been established shall be considered to be side yards. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.
4. Corner Lot Option:
Commercial: Only one front yard is required on the side that faces the main public street and may have the main building entrance. The remaining side may use side lot setbacks provided no structure or visual impediment is constructed within a distance of thirty five feet (35') from the intersection of the property lines of the two (2) streets.
Residential: If a corner lot has a boulevard area of fourteen feet (14') or more, the front yard is the direction the main house entrance faces. The other side may be treated as a side yard setback. (Traffic visibility must be maintained with no extensions allowed into the side yard, i.e., deck, steps.)
ZERO LOT LINE: The reduction of side yard setback requirements to zero, permitting the placement of a structure near or adjacent to the side yard lot line. With zero lot line, no portion of the structure or accessory appurtenance shall project over the lot line, unless easements are provided.
ZONING AMENDMENT: A change authorized by the city either in the allowed use within a district or in the boundaries of the district.
ZONING DISTRICT: An area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this title.
ZONING MAP: The map or maps incorporated into this title as part thereof, designating the zoning districts.
ZONING OFFICIAL: The duly appointed officer charged with the administration and enforcement of this title. (Ord. 230, 5-6-2002)