Wherever the following words and terms occur in this title they shall be interpreted as herein defined:
ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land proposed to be subdivided.
ATTORNEY: The attorney employed or retained by the city unless otherwise stated.
BWSR: The state of Minnesota board of water and soil resources or its successor.
BIKEWAY: A public right of way or easement across a block or within a block to provide access for bicyclists and in which a path or trail is installed.
BLOCK: An area of land within a subdivision that is bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right of way, drainage ditches, or boundary lines of municipalities.
BOULEVARD: The portion of the street right of way between the curb line and the property line.
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 OFFICIAL: Representatives of the city who have been appointed by the city council and/or assigned the responsibility of enforcing provisions of this title. Also referred to as zoning official.
CERTIFICATE OF SURVEY: A document prepared by a registered land surveyor which precisely describes area, dimensions, and location of a parcel of land.
CITY: City of Hawley.
CITY COUNCIL: City council of Hawley, Minnesota.
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.
CONTOUR MAP: A map on which irregularities of land surface are shown by lines connecting points of equal elevation. "Contour interval" will mean the vertical height between contour lines.
COPY: A print or reproduction made from an original.
COUNTY: Clay County, Minnesota.
DESIGN STANDARDS: Specifications that applicants proposing to subdivide land must follow when preparing plats, both preliminary and final, indicating among other things, the optimum, minimum, or maximum dimensions of such items as rights of way, blocks, easements, and lots.
DEVELOPMENT: The act of building structures and installing site improvements.
DRAINAGE COURSE: A watercourse or swale for the drainage of surface water.
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. A two-family dwelling (duplex) with a rooming unit(s) shall be considered and classified as a multi-family dwelling.
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.
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.
EASEMENT: A grant by an owner of land for a specific use by persons other than the owner.
ENGINEER OF CITY OR CITY ENGINEER: The registered engineer employed or retained by the city, unless otherwise stated.
FINAL PLAT: A drawing or map of a subdivision, meeting all of the requirements of the city and in such form as required by Clay County for the purpose of recording.
FLOOD RELATED:
Equal Degree Of Encroachment: Method of determining the location of encroachment lines so that the hydraulic capacity of floodplain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments.
FEMA: Federal emergency management agency.
Flood: A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
Flood Frequency: The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
Flood Fringe: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the city.
Flood Hazard Areas: The areas included in the floodway and flood fringe as indicated on the official zoning map and the flood insurance study and flood insurance rate map which have been officially adopted by the city.
Flood Insurance Rate Map: The flood insurance rate map prepared by the federal emergency management agency for the city.
Flood Insurance Study: The flood insurance study prepared for the city by the federal emergency management agency and dated March 16, 1981, and, as applicable and allowed by law, the most recent flood insurance study prepared by the federal emergency management agency for the county of Clay.
Floodplain: The areas adjoining a watercourse which has been or hereafter may be covered by the 100-year flood as determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.
Floodproofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area in accordance with the Minnesota state building code.
Floodway: The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse of regulatory flood hazard area which might impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
100-Year Flood: A flood which is representative of large regional flood known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval as determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.
Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by the natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
Regulatory Flood Projection Elevation: A point not less than one foot (1') above the water surface profile associated with the 100-year flood as determined by the use of the 100-year flood profile and supporting technical data from the flood insurance study plus any increase in flood height attributed to encroachments on the floodplain. It is the elevation to which uses regulated by this title are required to be elevated or floodproofed.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of all the floors of a building utilized for principal and accessory uses.
GOVERNING BODY: The Hawley city council.
IMPERVIOUS SURFACE: An artificial or natural surface through which water, air or roots cannot penetrate.
KEY MAP: A scale map which definitively shows the area proposed to be platted in relation to known geographical features (e.g., town center, streets).
LANDSCAPING: Planting, such as trees, flowers, grass, shrubs, and may include the reshaping of the land by moving earth or other physical improvements.
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, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT COVERAGE: Determined by dividing that area of a lot that 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 depth shall be considered to be the distance between the midpoint of the front lot line and the midpoint of the rear lot line.
LOT FRONT: The front of a lot shall be considered to be that boundary abutting a public right of way having the least width. In a through lot where the lot abuts a limited access street, the front of the lot will be on the street opposite from the limited access street.
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 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. In the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the zoning official.
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 of 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:
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.
Double Frontage Or Through Lot: A lot other than a corner lot with frontage on more than one street other than an alley.
Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley.
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 UNIT: Lots created from the subdivisions of a two-family dwelling having different minimum lot size requirements than the conventional base lots within the zoning district.
LOT WIDTH: The distance between the side lot lies, 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.
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.
NATURAL WATERWAY: A natural passageway on the surface of the earth, so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area.
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.
OUTLOT: A lot or parcel of real property, reserved for future building or occupancy after platting.
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.
PARKS AND PLAYGROUNDS: Public land and open space in the city dedicated or reserved for recreational purposes.
PERCENTAGE OF GRADE: Along a centerline of a street, the change in vertical elevation in feet and tenths of a foot for each one hundred feet (100') of horizontal distance, expressed as a percentage.
PERFORMANCE STANDARDS: Criterion established for setbacks, fencing, landscaping, screening drainage, accessory buildings, outside storage; to control noise, odor, toxic or noxious matter, vibrations, 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, provided it conforms to all requirements, regulations and performance standards (if any) of such districts.
PERSON: Any individual or legal entity.
PLANNING COMMISSION: The Hawley planning commission.
PRELIMINARY PLAT: A detailed drawing or map of a proposed subdivision, meeting the requirements of this title and in compliance with the comprehensive plan, submitted to the planning commission and governing body for their consideration.
PRIVATE STREET: A street serving as vehicular access to two (2) or more parcels of land which is not dedicated to the public and is owned by one or more private parties.
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 IMPROVEMENT: Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian facilities (dedicated rights of way for such use), tree, lawn, off street parking area, lot improvement, or other facility for which the city may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement, for which local government responsibility is established.
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.
RESTRICTIVE COVENANTS: Contracts entered into between all owners and holders of mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of property value and economic integrity of any given area.
RIGHT OF WAY: A strip of land occupied, or intended to be occupied, by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established.
SETBACK: The minimum horizontal distance between a structure and the property line nearest thereto. The city boulevard is not part of the required setback. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.
SKETCH PLAN: A conceptual plan to facilitate discussion between the applicant and the city staff regarding a proposed subdivision. The sketch plan may show the proposed layout of streets, lots, proposed playgrounds and parks, the 100-year flood contour line, zoning, approximate lot size, and as much relevant information as possible.
STATE: The state of Minnesota.
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: The right of way line of a street.
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.
STREETS, ARTERIAL: Those streets carrying larger volumes of traffic and serving as links between various subareas of the city. Arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical.
STREETS, COLLECTOR: Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including to a lesser degree, direct land access.
STREETS, CUL-DE-SAC: A local street with only one outlet and having an appropriate terminal or terminals for the safe and convenient reversal of traffic movement.
STREETS, LOCAL: A road or street whose primary function is to provide direct access to residential land uses and is a two (2) lane road with parking permitted within the roadway. Designation is based upon the zoning of the property abutting the right of way. In cases where right of way abuts two (2) different zoning classifications the greater width will apply.
STREETS, MARGINAL ACCESS (FRONTAGE ROAD): Those local streets which are parallel and adjacent to high volume arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
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.
SUBDIVIDING: The process of dividing land.
SUBDIVISION: The dividing of an area, parcel, or tract of land into two (2) or more parcels, tracts, lots, or long term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof. This term includes resubdivision and where appropriate to the context, will relate to the process of subdividing or to the land subdivided. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division or development of land zoned residential or nonresidential, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. Subdivision includes resubdivision and condominium creation or conversion. Subdivision will apply as outlined herein except for these separations:
A. Creating cemetery lots; and
B. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.
SUBDIVISION, ADMINISTRATIVE: A boundary adjustment relocating a property line between adjoining parcels provided the subdivision does not create a new tax parcel and each parcel retains sufficient lot size required by the zoning ordinance; or a split of an existing platted lot to accommodate the separate ownership of each unit in a single-family attached dwelling, provided the subdivision does not increase the density beyond the maximum number of units allowed for that parcel by the zoning ordinance or a developer's agreement approved by the city council; or a combination of two (2) or more contiguous tax parcels into one parcel or record. Administrative subdivisions may be exempted from the platting requirements of the city subdivision ordinance.
SUBDIVISION, MAJOR: A subdivision which does not qualify as administrative or minor and is subject to the platting requirements of the city subdivision ordinance.
SUBDIVISION, MINOR: A subdivision containing not more than four (4) lots; not involving the need for public improvements; not in violation of the zoning ordinance or other applicable state and local ordinances; any other subdivision of property which is not defined as an administrative subdivision by this title. Minor subdivisions may be exempted from the platting requirements of this title.
SURVEYOR: A land surveyor registered under Minnesota state laws.
TRACING: A plat or map drawn on transparent paper, film, or cloth which can be reproduced by using regular reproduction procedure.
USABLE 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 usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space.
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.
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.
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:
A. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrubland, 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").
B. Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and muck).
C. 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.
ZONING MAP: The map or maps incorporated into the zoning ordinance as part thereof, designating the zoning districts.
ZONING OFFICIAL: The duly appointed officer charged with the administration and enforcement of this title.
ZONING ORDINANCE: The zoning ordinance of the city of Hawley. (Ord. 232, 12-2-2002)