For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED BUILDING. A building as defined hereinafter, on public or private property, which no longer serves a practical use and, due to its location or structural condition, is considered a safety hazard in the opinion of the Zoning Administrator.
ABANDONED MOTOR VEHICLE. A motor vehicle as defined in M.S. § 169.01, as amended from time to time, that has remained on public property in an inoperable condition for more than 48 hours, or has remained on private property for more than 48 hours without the permission of the owner, or has remained on private property for more than 30 days and is inoperable or is unlicensed unless kept in a garage or other storage structure.
ABUTTING. Making direct contact with or immediately bordering.
ACCESSORY USE OR STRUCTURE. A use on the same lot that is both incidental and subordinate to and serving the principal use or structure of facility.
ADDITION. A physical enlargement of an existing structure.
ADJACENT. In close proximity to or neighboring, not necessarily abutting.
ADULT BOOK AND/OR MEDIA STORE. An establishment which has a substantial portion (25% of utilized floor area) of its stock in trade or stock on display books, magazines, films, videotapes, or other media which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments.
ADULT HOTEL OR MOTEL. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER.
(1) A theater in an enclosed building, with a capacity for less than 50 persons, used for presenting motion pictures, including, but not limited to, film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(2) Any business which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent.
ADULT MOTION PICTURE ARCADE. Any place wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building, with a capacity of 50 or more persons, used regularly and routinely for presenting live entertainment or motion pictures, including, but not limited to, film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY BUSINESS. A business which sells, offers to sell, or displays devices which stimulate human genitals, or devices which are designed for sexual stimulation.
ADULT USE. Any of the adult activities and businesses described above constitute ADULT ORIENTED BUSINESSES which are subject to the regulation of this chapter.
AGENT. Any person acting on behalf of a landowner in dealing with activities under the jurisdiction of the chapter, including, but not limited to, realtors, contractors, or attorneys.
AGRICULTURAL USE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses used for packing, treating, or storing the product, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT. Any premises used or intended for use for the landing and taking off of aircraft, including any structures used or intended for use for aircraft services.
ALTERATION. A change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another, of a building or a structure.
ANIMALS, DOMESTIC. Common household pets, such as dogs and cats, kept for amusement, companionship, decoration, or interest.
ANIMALS, WILD OR EXOTIC. Animals, such as wolves, tigers, lions, and snakes, that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild.
ANIMAL BOARDING FACILITY. An establishment that houses animals, other than those belonging to the occupant, overnight or over an extended period of time.
ANIMAL GROOMING ESTABLISHMENT. An establishment principally engaged in grooming animals in which overnight boarding is prohibited.
ANIMAL HUSBANDRY. The practice of raising, selective breeding, farming, or care of common farm animals such as cattle, horses, hogs, sheep, goats, poultry, and rabbits by humans for advantages.
ANIMAL UNIT. A unit of measure based on the approximate production of wastes from 1,000 pounds of live weight of poultry or animals.
One chicken | 0.1 |
One duck | 0.05 |
One goose | 0.1 |
One mature dairy cow or horse | 1.4 |
One sheep | 0.1 |
One slaughter weight steer or heifer | 1 |
One swine over 55 pounds | 0.4 |
One turkey | 0.18 |
ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas such as panels, microwave dishes, satellite dishes, and omni-directional antennas such as whip antennas. Dishes under 36 inches are excluded from the definition of ANTENNA.
APARTMENT. A room or suite of rooms that is designed for, intended for, or occupied as a residence by a family or individual, and is equipped with sanitary facilities.
APPEAL. An application for the review of an order, requirement, decision, determination, or interpretation of this chapter made by an administrative officer in the application and/or enforcement of this chapter.
ARCHITECTURAL PROJECTION. A non-functional or ornamental feature on a building or other structure that does not extend to or from the ground.
ARTIST’S STUDIO. A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler, photographer, or other similar art that requires artistic skill, where the public is received or where the artist is engaging in retail sales. Not generally utilitarian, related to personal hygiene, or adornment.
ATTACHED. Two buildings or structures that combine to form one building or structure through the use of at least one common wall, not including a breezeway.
ATTORNEY. The attorney duly appointed by the Council to represent the city.
AUTO SALVAGE YARD. A lot or yard where four or more motor vehicles are stored while parts are removed, where crushing occurs, or where storage pending crushing may occur.
AUTO TRIP. Transport in a vehicle that includes both an arrival and a departure from a location.
BALCONY. Same as a DECK.
BANNER. A temporary sign constructed out of paper, plastic, cloth, cardboard, or some other non-permanent material and affixed to poles or the side of a building in a manner than can be easily moved, modified, or rearranged.
BATHROOM. A room containing a shower or bathtub or a sink and toilet.
BASEMENT. The space below the first story of a structure which is greater than four feet in height.
BED AND BREAKFAST DWELLING. A dwelling, single family, licensed through the County Public Health Services, where, for compensation, meals and lodging are provided for three or more unrelated persons, but not to exceed eight persons. The owner of the parcel must live on the premises.
BEDROOM. A portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets and may have access to a bathroom.
BLUFF.
(1) A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
(a) Part or all of the feature is located in a shoreland area;
(b) The slope rises at least 25 feet above the ordinary high water mark of the water body;
(c) The grade of the slope from the toe of the bluff to a point 25 feet above the ordinary high water level averages 30% or greater; and
(d) The slope must drain towards the water body.
(2) An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the BLUFF.
BLUFF IMPACT ZONE. A bluff and the land located within 20 feet inland from the top of the bluff.
BOAT ACCESS. A ramp, road, or other conveyance on a residential lot which allows the launching and removal of a boat with a vehicle and trailer.
BOAT HOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BOARDING HOUSE. Same as BED AND BREAKFAST DWELLING.
BOARD OF ADJUSTMENT. The Board, appointed by the City Council, to hear appeals from actions of the Zoning Administrator, and variance requests.
BREEZEWAY. A covered or enclosed walkway that physically connects two or more buildings or structures. Shall not materially connect the two or more buildings or structures.
BREWERY. Manufactures, processes, and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for onsite consumption in a taproom or for offsite consumption as growlers. A brewer may not have an ownership interest in a BREWERY licensed under M.S. § 340A.301, Subd. 6, clause (d), as amended from time to time.
BUILDABLE AREA. Any site, lot, parcel, or any portion thereof that does not contain designated flood plain, wetlands, or areas in excess of 25% slope.
BUILDING. Any structure used or intended for storage, shelter, or occupancy.
BUILDING HEIGHT. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height between the eaves and the highest ridge of gable, hip, or gambrel roofs, or ten feet below the peak, whichever is greater.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
BUILDING PERMIT. A permit authorizing an applicant under this code to undertake construction or other development activity.
CAMPGROUND. Any area, whether publicly or privately owned, consisting of designated campsites with appropriate facilities and management services designed for temporary occupation by tents or recreational vehicles.
CAMPING. Habitation of a temporary structure.
CAMPSITE. A parcel within a resort or campground designated for the occupancy of one family on a periodic basis in a tent or recreational vehicle.
CEMETERY, UNPLATTED. Any human remains or burials found outside of platted, recorded, or identified cemeteries pursuant to M.S. § 307.08, as amended from time to time.
CHAIRPERSON. The individual elected by the Planning Commission to chair its meetings. A vice-chair may also be elected and would serve as CHAIRPERSON when the elected chairperson was absent.
CHILD CARE, CENTER. A facility that is maintained, for the whole or part of the day, for the care of five or more children who are 18 years of age or younger, and who are not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term shall not include any facility licensed as a foster care home or any facility defined as a CHILD CARE, FAMILY HOME.
CHILD CARE, FAMILY HOME. A primary residence where, for the whole or part of the day, an owner of the residence, licensed as a child care provider, cares for five or more children who are 18 years of age or younger and who are not related to the owner, whether such facility is operated with or without compensation for such care.
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 and related community activities.
CLEAR CUTTING. See VEGETATION REMOVAL, CLEAR CUTTING.
CITY CLERK-TREASURER. The appointed person responsible for administration of the city affairs.
CITY COUNCIL. The duly elected governing body of the city.
CITY SEWER OR WATER SYSTEM. A system of municipally maintained utilities, approved by the state, and serving more than one building or property.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, trade of products, goods, or services.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. All commercial wireless telecommunications services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
COMMUNITY PARK. A park designed to provide recreational opportunities to serve the entire community.
CONSERVATION PARCEL. A parcel of land set aside from development in a Rural Conservation Subdivision.
COMPREHENSIVE PLAN. Also referred to as COMMUNITY PLAN. A compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution.
CONDITIONAL USE. A land use or development, as defined by the chapter, that would not be appropriate without restriction, but may specifically be allowed without restrictions of conditions as determined by the Planning Commission and the Council upon a finding that the use or development is an appropriate CONDITIONAL LAND USE in the land use zone; the use or development, with conditions, conforms to the Comprehensive Land Use Plan; the use, with conditions, is compatible with the existing neighborhood; and the use, with conditions, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, or prosperity of the city.
CONTIGUOUS. The sharing of a common border at more than a single point. Lots, parcels, or boundaries may be considered CONTIGUOUS where separated by rights-of-way, rivers, or streams.
CONTROLLED ACCESS LOT. Any lot which is designated for the exclusive use by non-riparian landowners within a subdivision as a means to gain access to a lake, river, or stream.
COUNCIL. The City Council, as established by state law.
CRAWL SPACE. The space below the first story of a structure not more than four feet high and not intended for human habitation.
CUL-DE-SAC. A short local street terminating in a vehicular turnaround.
DBH. Diameter at breast height. The width of a tree or shrub as measured at four and one-half feet above the ground surface.
DECK. An uncovered, unscreened structure or on-grade patio not including on-grade walks four feet wide or less.
DOCK. A platform extending waterward from the shoreline intended for ingress and egress for moored watercraft or to provide access to water for swimming, fishing, or other water-orientated activities.
DORMITORY. A building, or portion thereof, providing group sleeping accommodations in one room, with shared bath and toilet facilities.
DUPLEX, TRIPLEX, or QUAD. A structure on a single lot having two, three, or four dwelling units respectively being attached by common walls, and each being equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
DWELLING, GUEST QUARTERS. A structure, not for sale or lease, used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling on the lot. Any accessory structure with kitchen or bathroom facilities shall be considered a DWELLING, GUEST QUARTERS.
DWELLING, MULTI-FAMILY. Two or more dwelling units attached together by any point, including duplexes, triplexes, townhouses, and multi-level units, regardless of type of ownership.
DWELLING, SINGLE FAMILY. A dwelling unit totally separated from any other dwelling unit.
DWELLING, TOWNHOUSE. A type of multi-family housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat or condominium plan.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or moveable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. A structure or portion of a structure or other shelter designed as a short or long-term living quarters for one or more persons, including rental or time share accommodations such as a motel, hotel resort rooms, and resort cabins.
DWELLING WIDTH. The smallest horizontal dimension of the major portion of a dwelling.
EARTH TONE. A shade of color that, when viewed from a distance, blends with the colors of the surrounding landscape.
ENGINEER. The engineer duly appointed by the Council to perform technical services for the city.
EVENT CENTER. A premises which is rented out for public or private activities that are not repeated on a weekly basis, and which are not open to the public on a daily basis at times other than when an event is scheduled.
EXTERIOR STORAGE. Storage of goods, materials, equipment, and manufactured products outside a fully enclosed building.
EXTRACTIVE USE. The use of land for removal of sand, gravel, rock, industrial minerals, soil, other non-metallic minerals, or pea not regulated under M.S. §§ 93.44 through 93.51, as they may be amended from time to time.
FAMILY. An individual, or two or more persons related by blood, marriage, adoption, or a relationship legally recognized in the state, or not more than five unrelated persons maintaining a common household.
FEEDLOT. A lot or building, or combination of lots and buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be ANIMAL FEEDLOTS. Pastures shall not be considered ANIMAL FEEDLOTS.
FEE SCHEDULE. The official schedule of land use related fees and penalties adopted by the City Council.
FENCE. A constructed barrier, including berms, intended to prevent escape or intrusion, or to mark a boundary, to shield or screen view, or to perform any similar function.
FILLING. The act of depositing any clean earthen material.
FINAL FLOOR PLAN. A drawing prepared by a registered architect, registered engineer, or registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. §§ 515A.2 through 515A.2-110, as it may be amended from time to time.
FINAL CONDOMINIUM PLAT. A drawing prepared by a registered architect, registered engineer or registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. §§ 515A.2 through 515A.2-110, as it may be amended from time to time.
FINAL PLAT. A drawing, in final form, showing a proposed subdivision containing all information and detail required by state statutes and by this chapter to be presented to the Planning Commission and the City Council for approval, and which, if approved, may be duly filed with the County Recorder.
FISH HOUSE. A structure placed on a lake during the winter for use in fishing. A structure will only be considered a FISH HOUSE if it is 160 square feet or less, is moveable, and has a current license.
FLOODPLAIN. The areas adjoining a water course, intermittent or permanently flowing, which have been or will be covered by the runoff waters of a storm with a 1% chance of occurrence any year (100-year storm).
FLOODWAY. The channel of the water course and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regional flood (100-year chance of occurrence).
FOOTPRINT. The horizontal extent to which a structure covers the ground plane as represented in a plan view, including cantilevered building elements but excluding eaves and similar architectural projections of the roof plane.
FORB. A broad leafed, non-woody plant other than grass, sedge, or rush. FORBS include native herbs, ephemerals, and wildflowers.
FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than the re-establishment of a subsequent forest stand.
FOUNDATION. A concrete, concrete and concrete block, or treated wood portion of a structure that supports the bearing loads of the superstructure and penetrates the ground, providing frost protection. Must meet the provisions of the Building Code adopted by the state. Concrete pillars may be used as a FOUNDATION for manufactured homes so long as the installation is done to the manufacturer’s specifications and skirting is provided around the perimeter to provide the look of a completely enclosed FOUNDATION.
FRONTAGE. The uninterrupted front boundary line of a lot, or the length of such line, that abuts on a street or protected water.
GARAGE, ATTACHED. A part of the principal structure designed for the storage of motor vehicles.
GARAGE, DETACHED. An accessory structure not attached to the principal structure on the property designed and used for storage.
GAZEBO. A freestanding accessory structure with no kitchen, sleeping, sanitary facilities, or pressurized water, intended as weather and insect protection for such activities as picnicking and lake viewing.
GRADING. The movement of dirt, by mechanical means, so as to alter the existing topography of a property.
GREEN SPACE. Privately owned property permanently dedicated by covenant or deed restriction to vegetate ground coverage with allowance for use as recreational facilities, tree coverage, water course, sewage disposal, or similar uses. Public property permanently dedicated to park, vegetative buffer, tree coverage, or watercourses.
GROUP CARE FACILITIES. A facility which provides residential services for individuals that are handicapped, aged, disabled, or undergoing rehabilitation. This includes uses such as homes for the physically handicapped, mentally retarded, chemically dependent, foster children, maternity-shelters, and half-way houses.
HOME OCCUPATION. A use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof.
HOME OCCUPATION, TYPE I. A home occupation, the commercial nature of which involves providing a service to a limited number of people who are predominantly acquaintances. Generates less than ten auto trips per week. No employees beyond owner. No signage or other advertising done either on or offsite. Would include businesses that are similar in nature to tutoring or music lessons performed on an individual basis.
HOME OCCUPATION, TYPE II. A home occupation, the commercial nature of which involves providing a service to people or organizations that do not receive the service at the property from which is it being provided. Generates less than 25 auto trips per week, including deliveries and employees. No more than two employees, in addition to the owner, working onsite. No signage done either on or offsite. Would include businesses that are similar in nature to telephone sales, consulting, or web design.
HOME OCCUPATION, TYPE III. A home occupation, the commercial nature of which involves providing a service or product to people or organizations within the home. Generates less than 60 auto trips per week, including deliveries. No more than two employees, in addition to the owner working onsite. May include onsite signage. May include retails sales of items manufactured onsite. Would include businesses that are similar in nature to chiropractic service, artist studio, or craft shop.
HOME OCCUPATION, TYPE IV. A home occupation, the commercial nature of which involves providing a service or product to people or organizations off site. Generates less than 60 auto trips per week, including deliveries. All employees do the majority of their work offsite. May include onsite storage or warehousing of work related materials. Would include businesses that are similar in nature to lawn care services and offsite sandblasting services.
HOTEL. A building containing three or more individual rooms, without kitchens, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities, and onsite management and reception services.
HOUSE OF WORSHIP. Same as CHURCH.
IMPERVIOUS SURFACE. The horizontal area of buildings, patios, walks, driveways, accessory structures, and other surfaces generally impervious to the penetration of stormwater, including gravel drives and parking.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
JUNK YARD. An area where used waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleared, parked, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles, and used building materials. Storage of materials in conjunction with the construction of a manufacturing process shall not be included. Three or more automobiles without current licenses constitute a JUNK YARD. Such use shall not include putrid wastes such as garbage.
LAKE CLASSIFICATION. The formal classification provided by the Department of Natural Resources for each body of public waters within the city.
LANDFILL. A method of solid waste disposal in which refuse is buried between layers of dirt.
LANDSCAPING. Plantings such as trees, grass, shrubs, and decorative timbers, arbors, rocks, and water displays.
LICENSED ENGINEER. A person licensed as a professional engineer by the state.
LICENSED SURVEYOR. A person licensed as a professional surveyor by the state.
LITTER. Waste materials, including, but not limited to, cans, bottles, plastic, and paper wrappings or containers.
LIVESTOCK. Domestic animals, such as cattle or horses, raised for home use or for profit, especially on a farm.
LOGGING. The sustainable practice of felling and trimming trees and transporting the logs to a mill.
LOT. A parcel, piece, or portion of land described by metes and bounds, registered land survey, auditor’s plat, or subdivision plat and separated from other parcels or portions of land by said description for purposes of sale, lease, mortgage, building, or separation.
LOT AREA. The horizontal area of a lot bounded by the lot lines and the ordinary high waterline if bounded by water.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets or a lot at the point of deflection in alignment of one street with the internal angle less than 135 degrees.
LOT, FRONT. The boundary of a lot which abuts on a public right-of-way, or if a corner lot, the shortest of the two boundaries. If the lot abuts public water, the lake side shall be considered the LOT FRONT.
LOT LINE. The property lines bounding a lot, except that where the description extends into a public right-of-way, the right-of-way line shall be considered the LOT LINE.
LOT, PRE-EXISTING. A lot which is one unit of a subdivision plat heretofore duly approved and filed or one unit of an auditor’s subdivision, or registered land survey, or a lot created by metes and bounds that has been recorded in the office of the County Recorder prior to the effective date of this chapter.
LOT TIER DEPTH. The lot depth of a normal lot conforming to the shoreland requirements: General development lake first tier: 200 feet; second and additional tiers: 267 feet; recreational development lake: 267 feet; natural environmental lake: 400 feet.
LOT TIERS. Successive strips of land parallel with the ordinary high water line, each one tier depth wide, and extending across the parcel.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
MAINTENANCE. The normal upkeep of a structure, including the replacement of windows, siding, roofs, nonbearing walls, or interior remodeling that does not expand the footprint of the existing structure, add volume to the usable living space, or intensify a non-conforming use.
MANUFACTURED HOME. A structure, transportable in one or more sections, which, when erected onsite, is a minimum of 640 square feet, is built on a permanent foundation, contains the heating, plumbing, and electrical systems within, and meets the requirements of the Building Code adopted by the state.
MARINA. A dock or set of docks on a single parcel that contains more than three slips or more slips than first tier dwelling units, whichever is greater.
MATURE TREE. A living tree greater than four inches in diameter.
METES AND BOUNDS. A method of property description utilizing directions and distances commencing from and terminating at an identifiable point.
MOTEL. A building containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with parking space reserved for each unit, and which is designed, used, or intended to be used primarily for the accommodation of transient guests.
MULTI-LEVEL DWELLING. A type of multi-family housing consisting of dwelling units stacked one above the other, creating a party floor or floors between units.
NATURAL DRAINAGE WAY. All land surface areas which, by nature of their contour or configuration, collect, store, and channel surface or runoff water.
NEIGHBORHOOD. The area adjacent to or surrounding existing or proposed development characterized by common use or uses, density, style, and age of structures and environmental characteristics.
NON-CONFORMING. The building, structure, or land lawfully existing prior to and not in conformance with the provisions of this chapter.
NUISANCE. By authority and direction of M.S. Ch. 145A and M.S. § 412.221, Subds. 23 and 24, as they may be amended from time to time, NUISANCE is anything that interferes with the use or enjoyment of property, endangers personal health of public safety, or is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact, and other similar interferences or offenses.
NURSERY. A retail business growing and selling trees, flowering or decorative plants and shrubs.
NURSING HOME. Any institution or facility required to be licensed as such under M.S. §§ 144.50 to 144.56, as they may be amended from time to time, by the State Board of Health.
OFF-STREET PARKING. A designated space or area of land with a paved or all-weather surface not within a public street or right-of-way and used for the parking of vehicles.
OPEN DISTRICT. A zoning district defined by natural features to be unsuitable for any dwelling and unsuitable for any other development except in accordance with the conditional use permit process. Corresponds to the DNR Special Protection District.
OPEN STORAGE. Storage of material outside of a building.
ORDINARY HIGH WATER MARK. The boundary of public waters and wetlands consisting of an elevation delineating the highest water level which has been maintained for sufficient period of time to leave evidence on the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel, for reservoir and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
OVERLAY MAP. An official map of the city that describes the location of an overlay zone.
OWNER. An individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having proprietary interest in the land and/or building.
PARKING SPACE. A ten-foot by 20-foot site off public right-of-way, maintained and sized to accommodate the parking of one automobile.
PARTY WALL OR FLOOR. A common wall which divides two independent dwelling units or businesses.
PERMITTED USE. A land use conforming to the character of a zoning district which is permitted by ordinance, requiring only a zoning permit issued by the Zoning Administrator.
PET. An animal commonly associated with human habitation, not considered under animal units, and not raised for production of income.
PLANNED UNIT DEVELOPMENT (PUD). A land use characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common green space, density increases, and mix of structure types and land uses. Does not include a duplex where specifically allowed in a zoning district on a single parcel of land.
PLANNED UNIT DEVELOPMENTS, COMMERCIAL. Uses that provide transient, short-term lodging spaces, rooms, or parcels, and their operations are essentially service-orientated. These shall include, but not be limited to, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities.
PLANNED UNIT DEVELOPMENT, RESIDENTIAL. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, townhouses, cooperatives, and full fee ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENTS. Includes time share condominiums not part of a resort.
PLANNING COMMISSION. The body duly appointed by the City Council to determine the development of the city and make recommendations to the City Council on comprehensive plans, zoning district boundaries, conditional use permits, subdivision of land, and capital improvements.
PORCH. A covered platform attached to a structure.
PORCH, ENCLOSED. A covered platform attached to a structure with more permanent enclosures than those described in PORCH.
PORTABLE. Capable of being transferred or moved from one place to another.
PRACTICAL DIFFICULTIES. The property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of locality. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRACTICAL DIFFICULTIES include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
PRE-BUILT HOME. Same as MANUFACTURED HOME.
PRELIMINARY PLAT OR PLAN. A plan prepared in accordance with this chapter depicting the proposed subdivision of property by final plat or final floor plan.
PRINCIPAL STRUCTURE OR USE. The single primary structure or use on a lot, as distinguished from accessory uses or structure. To be considered a PRINCIPAL STRUCTURE, the structure must be at least 400 square feet.
PROTECTIVE COVENANTS. Restrictions placed on the property by the owner and duly filed with the County Recorder. These may also be used in planned unit developments to establish homeowners associations, restrict shoreline development, and provide for common facilities.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as amended from time to time. However, no lake, pond, or flowage of less than ten acres in size in municipalities need be regulated for the purposes of the shoreland management rule. A body of water created by a private user where there was no previous shoreline may, at the discretion of the local government, be exempted from the shoreland management. The official determination of the size and physical limits of drainage areas of rivers and streams should be made by the DNR Commissioner.
RECORDER. The County Recorder.
RECREATIONAL EQUIPMENT. Equipment, both motorized and non-motorized, that is subject to licensing by the state and is designed primarily for recreational use.
RESIDENTIAL WIND ENERGY CONVERSION SYSTEM. A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 20 kW and which is intended to primarily reduce onsite consumption of utility power. A system is considered a RESIDENTIAL WIND ENERGY SYSTEM only if it supplies electrical power solely for onsite use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for onsite may be used by the utility company.
RECREATIONAL VEHICLE. Vehicles for recreational use that can be driven, towed, or hauled. These vehicles are designed to be temporary living space for camping or travel use. RVs shall include travel trailers, camper trailers, truck campers, self-propelled motor homes, and other similar vehicles.
RESORT. Any buildings, structures, or enclosures kept, used, maintained, or advertised as, or held out to the public to be, an enclosure where sleeping accommodations are furnished to the public and primarily to those seeking recreations, for periods of one day, one week, or longer, and having for rent three or more cottages, rooms, or enclosures along with any related facilities such as restaurants, bars, golf courses, or other recreational amenities.
RESTAURANT. An establishment where the principal business is the preparation, service, and sale of food and beverages to be consumed by customers at tables or counters located within the building on the premises.
RIGHT-OF-WAY. A parcel of property dedicated to the public, connecting to other public rights-of-way, which affords primary access by pedestrians and vehicles to abutting properties.
RURAL CONSERVATION SUBDIVISION. A method of subdividing land that provides for preservation of open space and clustering of individual lots.
SCREENING. Fencing, an earthen berm, or vegetative growth that visually separates one object from another.
SELF-STORAGE FACILITY. A building or group of buildings sharing common wall and containing separate storage spaces of varying sizes that are leased or rented as individual units. Storage units may or may not be climate controlled.
SEMI PUBLIC USE. The use of land by private nonprofit organizations to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, acceptability to flooding, or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the SETBACK.
SETBACK, INTERIOR LOT. In a planned unit development, the closest horizontal distance between the lot line and the foundation or wall of a structure when the lot line is not the exterior boundary of the development. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, SIDE, EXTERIOR. The closest horizontal distance between the exterior boundary side lot line and the foundation or wall of a structure. This setback takes precedence over setback, interior lot, where any conflict exists. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, ROAD. The closest horizontal distance between the road right-of-way line and the foundation or wall of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, WATERFRONT. The closest horizontal distance between the ordinary high water mark and the foundation or wall or edge of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet, and steps from stoop to ground not over four feet wide may protrude into the setback.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minn. Rules Chapter 7080, as amended from time to time.
SEWER SYSTEM. Pipe lines or conduits, pumping stations, and forcemain, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste, or other waste, to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the normal structure setback.
SHORELAND. Land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the water for lesser distances and when approved by the DNR Commissioner.
SHORELINE PROPERTY. A lot directly abutting a public water, generally located in the first lot tier adjoining the public water.
SIGNS. A name, identification, description, display, illustration, advertisement, or device which is displayed for the purpose of attracting attention to a person, product, place, activity, institution, or business.
SIGNS, AREA IDENTIFICATION. A sign located at the entrance or entrances of the area that is used to identify a common area containing a group of structures on a minimum of five acres, such as a residential subdivision, where there exists an association that provides for the maintenance of the sign or structures.
SIGNS, DIRECTORY. A sign erected at an intersection that lists the residences or businesses that reside along the intersecting roadway.
SIGNS, OFFSITE. Any sign not located on the contiguously owned property with the use which is advertised.
SIGNS, ONSITE. Any sign located on the contiguously owned property with the use which is advertised.
SIGNS, PORTABLE. A sign that is intrinsically designed to be moved or a sign that is not permanently affixed to the ground or a building.
SIGNIFICANT HISTORICAL SITE. Any archeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historical Places, or is listed in the State Register of Historical Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as amended from time to time. A HISTORICAL SITE meets this criteria if it is presently listed on either Register or if it is determined to meet the qualifications for listing after review by the State Archeologist or the Director of the State Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORICAL SITES.
SKETCH PLAN. A plan drawn to scale used for planning and discussion purposes only.
SPECIFIED ANATOMICAL AREAS (ADULT USE). Include any less than completely and opaquely covered human genitals, pubic region, or pubic hair, buttocks, and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES (ADULT USE). Any of the following conditions:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
(3) Masturbation or lewd exhibitions of the genitals, including any explicit, close-up presentation of a human genital organ, clothed or unclothed; and
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic area or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SSTS. Subsurface sewage treatment system.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness due to the site’s soil characteristics as mapped and described in available County Soils Surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12% as measured over horizontal distances of 50 feet or more, but which are not bluffs.
STOOP. An entry platform into a structure.
STORAGE BUILDINGS, COMMERCIAL. A structure used for the storage of buildings, equipment, or materials that is not intended for human habitation and available on a rental or lease basis.
STREET. A public right-of-way that provides primary vehicular access to abutting property and shall include avenue, road, or highway. STREET CLASSIFICATIONS are defined in the Comprehensive Plan unless defined in a roadway classification plan or other similar road-specific plan.
STREET, ARTERIAL. A street that has the primary function of rapidly moving traffic to or through the city. May provide access to abutting land. ARTERIAL STREETS are, in general, county or state highways that begin and terminate outside of the city limits or connect to other ARTERIAL STREETS within the city.
STREET, COLLECTOR. A street that has the primary function of receiving and distributing traffic to and from local streets and providing distribution of traffic within. May provide access to abutting lots. In general, COLLECTOR STREETS begin and terminate at arterial streets or other COLLECTOR STREETS.
STREET, LOCAL. A street, the function of which is to provide localized access to individual parcels. Does not normally carry through traffic. Traffic volumes and traffic speeds are expected to be low.
STRUCTURE. Any building, appurtenance, including decks or other facility constructed, placed, or erected by man except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines and except walks or steps on grade not more than four feet wide outside of the shore impact zone, stoops not exceeding 30 square feet, temporary furniture, planter, or decorative material and retaining walls consisting of wood or decorative block.
SUBDIVIDER. The owner, agent, person, corporation, partnership, or legal entity proposing to subdivide property under his or her control.
SUBDIVISION. The division of real estate into two or more parcels for the purpose of sale, rent, or lease, including planned unit development.
SUBDIVISION BY PLAT. The subdivision into two or more parcels of any size by the authority of M.S. Chapter 505, as it may be amended from time to time, with documents prepared by a registered land surveyor and duly approved by the Planning Commission and Council.
SUBDIVISION BY CONDOMINIUM PLAN. The subdivision of a building or the subdivision of real estate into two or more spaces or parcels of any size by the authority of M.S. Chapter 515A, as it may be amended from time to time, with documents prepared by a registered land surveyor and duly approved by the Planning Commission and Council.
SUBDIVISION BY METES AND BOUNDS. Any division of real estate resulting in two or more parcels which are not platted, but divided by description prepared and signed by a registered land surveyor.
SUBSTANDARD LOT. A lot that is non-conforming.
SUBSTANDARD USE. A use that does not conform to this chapter.
SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes where access to and use of a surface water feature is an integral part of the normal operation of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
TAPROOM. A room that is ancillary to the production of malt liquor at a brewery where the public can purchase and/or consume only the malt liquor produced onsite. A TAPROOM may also sell malt liquor for off-sale consumption in growler containers.
TEMPORARY. A use or structure that lasts longer than three days and is discontinued within 14 days. Any use or structure existing longer than 14 days, except where specifically provided for in this chapter, shall be considered permanent unless a specific date of discontinuation, agreeable to the Planning and Zoning Administrator to be reviewed by the Planning Commission, has been submitted, in writing, to the city.
TEMPORARY STRUCTURE. A structure of a temporary character, including, but not limited to, house boats, fish houses, recreational vehicles, and tents.
TOE OF BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.
TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.
TOWER. A structure situated on a site that is intended for transmitting or receiving television, radio, telephone, cellular, or wireless communications, or the vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
TOWER HEIGHT. Determined by measuring the vertical distance from the point of contact with the ground to the highest point of the tower, including all antennas or other attachments.
TOWNHOUSE DWELLING. A type of multi-family housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat or condominium plan.
TRAVEL TRAILER. Refer to RECREATIONAL VEHICLE.
TREE. A woody plant four inches or more in diameter or eight feet or more in height.
VARIANCE. A legally permitted deviation from the provisions of this chapter as deemed necessary by the Board of Adjustment after a property owner proposed to use a property in a reasonable manner not permitted by an official control.
VEGETATION REMOVAL, CLEAR CUTTING. The removal of more than 75% and up to 100% of a stand of trees and brush over ten feet in height on a lot or parcel of land up to 40 acres.
VEGETATION REMOVAL, INTENSIVE. The complete removal of trees or shrubs in a continuous path, strip row, or block, excluding that clearing needed for the construction of roads, driveways, walkways, or permitted stairways, lifts, or landings.
VIEW TO THE LAKE. View to be construed to be the line of sight from the center of a riparian property at the lake setback to the lakeward concerns of that property.
WALKWAY. A parcel of property dedicated to the public for non-vehicular access purposes.
WAREHOUSING. The principal use is the storage of materials or equipment within an enclosed building.
WAREHOUSING, COMMERCIAL. The rental or sale of warehousing space.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above-ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, is located closer to public waters than the normal structure setback. Examples of such structures and facilities include boat houses, gazebos, screen houses, fish cleaning houses, and detached decks.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. For the purposes of this definition, WETLANDS must have the following three attributes:
(1) Have a predominance of hydric soils;
(2) Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) Under normal circumstances, support a prevalence of such vegetation.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of wind into electrical energy.
YARD. A required green space occupied and unobstructed by a structure or portion of a structure, provided that fences, signs, utility poles, lawn lights, antennas, and related minor equipment may be permitted in any YARD, provided that they do not create a safety hazard or constitute a nuisance.
ZONING ADMINISTRATOR. The duly appointed person responsible for the enforcement and administration of this chapter.
ZONING DISTRICT. An area of the city defined on the zoning map, having uniform zoning provisions.
ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district regulations.
ZONING MAP. The map of the city, amended from time to time, which defines the boundaries of the zoning districts.
ZONING PERMIT. A permit issued by the Zoning Administrator to allow the construction of a structure or to allow a land use when the provisions of this chapter have been met, when approval of any conditional use permits or variances have been granted, and when the fees are paid. A ZONING PERMIT may have administrative conditions specific to the subject site when called for by this chapter.
(Ord. passed 4-10-2017; Ord. O-21-21, passed 5-10-2021; Ord. O-22-22, passed 10-11-2022; Ord. O-20-20, passed - -2020)