For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When used in this chapter, the following terms shall be deemed to have the meanings herein ascribed to them in addition to the definitions given in the Uniform Building and Fire Codes.
ACCESSORY BUILDING. A subordinate building or portion of the main 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.
ACCESSORY USE. A use or structure subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the use of the main building.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
APARTMENT. A room or suite of rooms in a multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit.
APARTMENT BUILDING. Any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include flats or apartments.
ARTERIAL STREET, MINOR. County State Aid highways and major local streets.
ARTERIAL STREET, PRINCIPAL. State Highway 4 and U.S. Highway 212.
AUTOMOBILE OR TRAILER SALES LOT. An open area other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE SERVICE STATION. Any building or premises, or portion thereof, used or intended to be used for the retail dispensing or sale of automobile fuels, which activity may be accompanied by accessory uses such as sale of lubricants, tires, accessories or supplies, or minor repairing of automobiles.
AUTOMOBILE WASH (CAR WASH). Any building or premises, or portion thereof, the use of which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devices or otherwise.
AUTOMOBILE WRECKING, SALVAGE YARD. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base sub-grade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
BED-AND-BREAKFAST ESTABLISHMENT. A structure designed and used as a residence in which one or more bedrooms are rented to transient guests on a day-to-day basis and in which meals are served to these overnight guests.
BOARDING HOUSE. A dwelling where meals or lodging, or both, are provided for compensation to three or more persons, who are not transients, by pre-arrangement for definite periods, in contradiction to hotels and motels as herein defined.
BUFFER. The use of land, topography (differences in elevation), space, fences, or landscape plantings to screen or partially screen a tract of property from another tract or property and thus reduce undesirable influences such as sight, noise, dust, and other external effects which a land use may have upon other adjacent or nearby land uses.
BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property. When a structure is completely divided into parts by an unpierced wall or walls extending from the ground to the top of such structure, each such part shall be deemed a separate BUILDING.
BUILDING LINE. An imaginary line on a development site corresponding with the series of points where an exterior building wall meets the grade of the earth.
BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold or rented, or which occupies time, attention, labor, or materials, or where services are offered for compensation.
CELLAR. A portion of a building located partly or wholly underground and having half or more than half its clear floor to ceiling height below grade.
CLINIC. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians or dentists, or both, practicing together.
COMPREHENSIVE PLAN. Unless otherwise stated, it is the general plan for land use, transportation, and community facilities prepared and maintained by the city.
CONDITIONAL USE. A use of land not normally allowed in a particular zoning district but which may be allowed under certain conditions.
CORNER LOT. A lot situated at the junction of and fronting on two or more streets.
DAY CARE CENTER. A business in which not more than ten children receive adult supervision and meals in the temporary daily absence of their parents. A similar business with fewer than ten children is considered a home occupation.
DOG KENNEL. Any place where four or more dogs over six months of age are owned, kept, boarded, bred, and/or offered for sale.
DRIVEWAY. A minor private way used by vehicles and pedestrians on an individual lot or parcel of land.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling.
DWELLING, CLUSTER OR GROUP. A group of two or more detached dwellings located on a parcel of land and having any yard or court in common.
DWELLING, DETACHED. A dwelling, including its attached garage, if any, which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building designed for or occupied by more than two families.
DWELLING, SINGLE-FAMILY. A detached building designed for and occupied by not more than one family.
DWELLING, TWO-FAMILY. A building designed for and occupied by two families.
DWELLING UNIT. A residential accommodation including complete kitchen facilities permanently installed which are arranged, designed, used, or intended for use as living quarters for one household and not more than one roomer or boarder. Where a private garage is structurally attached, it shall be considered as part of the building in which the DWELLING UNIT is located.
EARTH SHELTER. Constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth and the State Building Code standards are satisfied. Partially completed buildings shall not be considered EARTH SHELTERED.
EASEMENT. A right held by others to use one’s land for a specified purpose or purposes.
ESSENTIAL SERVICES. Overhead or underground electrical, telephone, gas, steam, or water transmission or distribution systems and structures, or collection, communication, supply, or disposal systems and structures, operated by utilities.
FAMILY. One or more persons related by blood, marriage, or adoption, or state licensed family, or not more than five persons, including owner occupant, not so related, occupying a dwelling and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, private club, or hotel as herein defined.
FAMILY DAY CARE HOME. A single-family home, duplex, or apartment unit providing day care for no more than ten children including the day care operator’s children under five years of age.
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, or from the centerline of a wall separating two buildings. The FLOOR AREA of a building shall include basement floor area, but shall not include cellar floor area.
FLOOR AREA RATIO (FAR). The floor area ratio of the building or buildings on any lot or site area is the gross floor area of the building or buildings on that lot or site divided by the area of such lot. When used in this chapter, the FLOOR AREA RATIO multiplied by the lot or site area in questions produces the maximum amount of floor that may be constructed on such lot or site area.
FOSTER FAMILY HOME. A family home where children out of their own homes are cared for 24 hours a day for a period of 30 days or more.
FRONTAGE. All the property fronting on one side of a street, measured along such street, between an intersecting street and another intersecting street, a right-of-way, waterway, end of a dead-end street, or municipal boundary.
GARAGE. An accessory building, or part of a principal building, used primarily for the parking of automobiles owned or operated by the residents of dwellings located on the lot on which it is located. GARAGES are accessed by dust-free driveways.
GRADE.
(1) For buildings more than five feet from any street line, the average level of the finished surface adjacent to the exterior walls of the building.
(2) For buildings having one or more exterior walls within five feet of a street line or lines, the average of the elevations of the sidewalk or sidewalks, or their equivalent established ground surface, adjacent to such street line or lines.
GREEN SPACE. Those portions of a site landscaped with ground cover such as grass and, possibly, trees and/or shrubs.
GROUP HOME. A specialized residential facility that provides care on a 24-hour basis for a selected group and providing specialized care and a planned treatment program under the direction and control of an agency, institution, or independent operator. Children of the group home parents under the age of 21 years of age present in the home are included in the total number of children permitted to live in the home.
HALF STORY. The portion of a building under a sloping gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story. No such HALF STORY shall be used for occupancy except in conjunction with and by the occupants of the floor immediately below it.
HEIGHT OF BUILDING. The vertical distance measured from the sidewalk level, or its equivalent established ground surface, opposite the middle of the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height level (between eaves and ridge) for gable and hip roofs.
HOME OCCUPATION. Any occupation which is clearly incidental to the principal use of the premises, is conducted by a resident occupant, and does not change the character of the principal use.
HOSPITAL. An institution providing health services and medical or surgical care, primarily for in- patients, to three or more non-related individuals suffering from illness, disease, injury, deformity, or other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, out-patient facilities, or training facilities.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house as herein defined. A HOTEL has more than six guest rooms.
HOUSEHOLD. Any number of individuals living together on the premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel as defined herein.
LABORATORY. A place devoted to experimental study such as testing and analyzing materials, not including manufacturing or packaging of such materials, except incidentally.
LAUNDROMAT. An establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering purposes.
LIGHT INDUSTRY. The processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
LINTEL SIGN SPACE. A horizontal space on the front facade of a building immediately above and adjacent to a window or door. In older buildings, this space was previously occupied by windows.
LIVABLE FLOOR AREA. The square footage of floor area of a dwelling measured from the outside of the exterior walls, but not including attics, cellars, unfinished basements, open porches, breezeways, and garages. Only that floor area having a ceiling height of seven feet-six inches or more shall be considered as LIVABLE FLOOR AREA. An unfinished floor may be included as LIVABLE FLOOR AREA provided plans are submitted to the Zoning Administrator indicating in detail the layout of the rooms and, provided further, rough plumbing, heating ducts, and electric circuits are installed during construction of the building.
LOADING BERTH. An open, hard-surfaced area, (same as required for parking lots) other than the street or public right-of-way, the principal use of which is for the standing, loading, and unloading of trucks and trailers. A minimum of 780 square feet, excluding access drives, is required.
LOCAL STREET. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.
LOT. Land occupied or to be occupied by a building and its accessory buildings, or a principal use, together with such open spaces as are required under this chapter, and having its principal frontage upon a street or right-of-way or easement shown on a plat or survey which has been submitted to and approved by the Planning Commission and City Council.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting chords, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 120 degrees.
LOT COVERAGE. The area of a lot occupied by the principal and accessory buildings.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT, FRONT. The portion of a lot abutting a public street. If a lot abuts two public streets, the LOT FRONT is the narrower of the two lot edges.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines bounding a lot as defined herein.
LOT OF RECORD. A parcel of land that is recorded as a lot in a subdivision that has been recorded on the records of the Renville County Recorder, Minnesota.
LOT, REAR. The portion of a lot directly parallel with the front property line, but on irregular lots.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the Manufactured Home Building Code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time. Wherever the term SINGLE-FAMILY DWELLING or SINGLE- FAMILY RESIDENTIAL STRUCTURE or a similar term is used in this chapter, that term shall include a MANUFACTURED HOME as defined herein.
MANUFACTURED HOME PARK. A manufactured home park licensed by the State Department of Health under M.S. § 327.15, as it may be amended from time to time, and Minn. Rules parts 4630.0200 to 4630.2210, as may be amended from time to time.
MOTEL. A series of sleeping or living units, for the lodging of transient guests, offered to the public for compensation, and with convenient access to off-street parking spaces for the exclusive use of the guests of occupants.
NON-CONFORMING BUILDING OR STRUCTURE. Any building or structure lawfully existing at the time of the approval of this chapter, or any amendment to it rendering such building or structure non-conforming, which:
(1) Does not comply with all of the regulations of this chapter, or any amendment hereto, governing bulk, height, and yard requirements for the zoning district in which such building or structure is located; or
(2) Is designed or intended for a non-conforming use.
NON-CONFORMING LOT OF RECORD. An unimproved lot which was legally recorded on or before the effective date of this chapter which does not comply with the lot size requirements for any permitted use in the district in which it is located. Such lot is considered buildable only as stipulated in § 151.021.
NON-CONFORMING USE. Any building or land lawfully occupied by a use at the time of the approval of this chapter, or any amendment to it rendering such use non-conforming, which does not comply with all of the regulations of this chapter, or any amendment hereto, governing use for the zoning districts in which such use is located.
NURSING HOME.
(1) An establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
(2) No care for the acutely ill, or surgical or obstetrical services, shall be provided in such an establishment; a hospital shall be construed to be included in this definition.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
ODOROUS MATTER. Any material that produces an olfactory response among human beings.
OFFICE-SHOWROOM BUILDING. A building in which at least 20% of the floor space is devoted to office activities, the remainder being used for either warehousing, display, fight manufacturing, or research and testing. Floor-to-ceiling joist heights in the warehouse portion would be not more than 14 feet.
OPEN SPACE. The portion of a land parcel not occupied by buildings, other structures, or parking areas.
PARKING LOT. A parcel of land containing one or more unenclosed parking spaces whose use is principal to the lot as differentiated from an accessory use, as a residential lot.
PARKING SPACE. A surface area, enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a street or alley and permitting ingress and egress of an automobile. A minimum of 170 square feet, excluding access drives, is required.
PARKING STRUCTURE. A deck or building, or part thereof, used or intended to be used for the parking and storage of motor vehicles at one or more levels.
PARTICULATE MATTER. Material other than water which is suspended or discharged into the atmosphere in a finely divided form as a liquid or solid.
POLE BARN. A building with a frame made of wooden or metal parts, with metal panels covering three or more sides, and without a full foundation.
PORTABLE RECYCLING UNIT. A mobile facility designed and used to collect cans, bottles, paper, cardboard, plastics, or other recyclable materials; may be moveable either under its own power or the power of separate device.
PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is situated.
PRINCIPAL USE. The purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied.
PRIVATE CLUB or LODGE. A building and related facilities owned or operated by a corporation, association, or group of persons for social, educational, or recreational purposes of members regularly paying dues, but not primarily for profit or to render a service which is customarily carried on as a business.
QUASI-PUBLIC. Essentially public as in services rendered, although under private ownership or control.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream, or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would trot typically constitute a REACH.
RECREATION ESTABLISHMENT. A facility used by a business or non-profit organization for play, amusement, or relaxation, not including the sale or consumption of alcohol.
RECYCLE. To process (as glass or cans) in order to regain material.
RESTAURANT. An establishment where food is available to the general public for consumption on the premises.
RESTAURANT, CARRY-OUT. An establishment which by design of physical facilities, or by service or packaging procedures, permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises.
SALVAGE AND WRECKING YARD. An outdoor facility used by a business engaged in the reclamation of parts or materials from machinery or buildings.
SATELLITE ANTENNA. A device for the reception of signals from communication satellites.
SCHOOL, PRIMARY, SECONDARY, COLLEGE, OR UNIVERSITY. Any accredited school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable statutes of the State of Minnesota.
SETBACK. The minimum horizontal distance between any improvement and a lot line. A lot line is defined as the location where the lot line meets the city right-of-way. The rights-of-way may vary from street to street.
SIGN. A name, identification, description, display, or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution, organization, idea, or business.
(1) However, a SIGN shall not include any display of official court, public office notices, or traffic signs, nor shall it include the flag, separate emblem, or insignia of a nation, political unit of school or religious group, or lettering built into the wall of a building or other structure.
(2) A SIGN inside a building is not included unless its face is visible only from the exterior of a building. Each display surface of a sign shall be considered a SIGN.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING. Any illuminated sign including any sign illuminated by reflected or refracted light on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving illuminated sign shall be considered a FLASHING SIGN.
SIGN, FREESTANDING. A sign which is not attached to a building.
SIGN, GROUND. A freestanding sign which is not over five feet in height and has its longest edge abutting the ground.
SIGN, PORTABLE. A sign designed to be moved from place to place.
SIGN, PROJECTED. A projected sign shall consist of any sign which is attached to or represented on the surface of a building wall whose leading edge extends greater than 15 inches.
SIGN, REPLACEMENT. The removal and replacement of the frame of a sign; does not include merely changing the message panel or repainting the face of the sign.
SIGN, SURFACE AREA. The surface area of a sign is the total area that will contain the sign. For signs which are not rectangular in shape, the AREA shall be calculated upon the area of the smallest polygon which completely encloses the sign. For multi-faced signs, each display face shall be measured, except in the case of two-sided signs that are identical on both sides. Any material or color framing used to differentiate such sign from the background of the building or structure shall be included in measurement of the SURFACE AREA. In no case shall the supports, uprights by which the sign is supported, be included in determining the surface area of the sign unless such items are an integral part of the display. The Zoning Administrator may interpret the measurement of the sign area with a liberal, consistent interpretation. In no case shall temporary paper, water color, chalk, and the like, signs that are displayed in windows be counted as SIGN SURFACE AREA.
SIGN, WALL. A wall sign shall consist of any sign which is attached flat against or represented on the surface of a building wall. A WALL SIGN may have a depth of up to 15 inches.
SMOKE. Small gas-borne particles other than water that form a visible plume in the air.
SOLAR STRUCTURE. A structure designed for use of passive or active solar energy as part of its heating system.
SPA. A structure which is not completely enclosed within a building, designed for therapeutic use which is not drained, cleaned, or refilled for each individual, equipped, but not by way of limitation, with hydro jet circulation, hot water, cold water mineral baths, air induction bubbles, or any combination. Industry terminology for a space includes, but is not limited to, THERAPEUTIC POOL, HYDROTHERAPY POOL, WHIRLPOOL, HOT SPACE, and HOT TUB.
SPOT ZONING. A colloquial term describing the geographic definition of a zoning district in such a manner that the resulting district is very small in relation to surrounding districts and is not compatible with surrounding districts.
STACKING SPACE. A portion of a driveway used for automobiles or trucks in a queue. The length of a STACKING SPACE is defined as 18 feet.
STORY. The portion of a building included between the surface of any floor and the surface of the floor above it, or, if there be no floor above it, then the space between the floor and ceiling above it. A basement designed or used for dwelling purposes for other than a janitor, maintenance person, or watchman, or for commercial purposes other than storage, shall be counted as one-half story. A cellar used for commercial purposes other than storage shall be counted as one-half story. No other basement or cellar shall be counted as a STORY. Any level or deck used exclusively for parking purposes shall be counted as one-half story.
STREET. A public thoroughfare which affords principal means of access to abutting property.
STREET WALL. The main wall nearest to and facing on a street, including sun parlors and bays, but not including bay windows.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, or any substantial changes in the roof.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground, including manufactured houses and trailers not meeting exemption criteria in the Floodplain Management District.
SUPERVISED LIVING FACILITY. A residential structure in which non-family occupants receive room and board and guidance in daily personal activities.
SWIMMING POOL or POOL. A permanent or portable structure which is not completely enclosed within a building, whether below ground level, above ground level, or partially above and partially below ground level, intended for non-commercial use as a swimming pool and which exceeds 24 inches in depth capacity and has a surface area exceeding ten square feet.
TERRACE. A level plane or surfaced patio, directly adjacent to the principal building on the surface of the land or on the roof of a building.
TODDLER. All persons five years of age and younger.
TOWNHOUSES. A group of attached single-family dwelling units on a common lot.
TRUCK TERMINAL. A warehouse and distribution business specializing in the shipment of goods or materials and which generates significant numbers of semi-trailer trucks.
USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.
USE, PERMITTED. A use which is lawfully established in a particular zoning district or districts and which conforms with all requirements, regulations, and performance standards of such district.
UTILITY BUILDING. A detached accessory building used by the residents of a residential structure for storing tools and other personal property but not for the storage of motor vehicles.
VARIANCE. A modification or variation on the provisions of this chapter as applied to a specific piece of property, except that modification in the allowable uses within a zoning district shall not be permitted through the VARIANCE process.
WAREHOUSING. The storage of materials, goods, or equipment within an enclosed building as a principal use.
WHOLESALING. The selling of goods, equipment, or materials to another business that in turn sells to other customers.
YARD. An open space between a building and any lot line which is open to the sky unobstructed by any permanent or temporary uses or structures.
YARD, FRONT. A yard extending across the entire front of the lot and measured between the front line of the lot and the front line of the building, or any projection thereof other than steps, balconies, paved terraces, open decks, or bay windows.
YARD, OPEN. A yard in addition to front, side, and rear setbacks in which no structure, driveway, or parking space shall be located.
YARD, REAR. A yard extending across the entire rear of a lot and measured between the rear lot line and the rear of the building, or any projection thereof, other than steps, balconies, paved terraces, porches, or bay windows. On corner lots, the REAR shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the REAR YARD shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the building and the side line of the lot extending from the front yard to the rear yard and measured between the sideline of the lot and the side of the building, or any projection thereof other than steps, balconies, paved terraces, open decks, or bay windows.
(Prior Code, § 151.004) (Ord. 149, passed 3-9-1998; Ord. 217, passed 9-10-2001)