The following terms, as used in this chapter, shall have the meanings stated. All measured distances expressed in feet shall be to the nearest tenth of a foot. In the event of conflicting provisions in this chapter, the more restrictive shall apply.
ABUTTING OR ADJACENT. Physically touching or bordering upon, or sharing common property line or border. Abutting or adjacent properties or land uses include those that are separated by a drive, street, or other publicly-dedicated right-of-way.
ACCESS. A way or means to provide physical entrance to a property.
ACCESSORY USE OR STRUCTURE. A use or structure in the same lot with, and of, a nature customarily incidental and subordinate to, the principal use or structure.
ACTIVE RECREATION. Physical activities and/or land uses involving relatively vigorous physical exertion, such as playgrounds, sports fields and courts, swimming, and hiking.
ACTIVE SOLAR SYSTEM. A solar energy system that requires external mechanical power to move the collected heat.
ADULT. A person who is 18 years old or older.
ADULT DAY CARE or ADULT DAY SERVICES or FAMILY ADULT DAY SERVICE. A program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care. Adult day care does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals.
ADULT USE. Any of the activities and businesses described below constitutes "adult use" which is subject to the regulations of this section:
(1) ADULT BOOK, MEDIA OR MERCHANDISE STORE. An establishment having at least 20% of its stock in trade or stock on display, including any, but not limited to, books, magazines, films, videotape or other media or merchandise which are characterized by emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."
(2) ADULT THEATRE. 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 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" for observation by patrons within.
(3) ADULT MINI THEATRE. 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."
(4) BUSINESS WITH THE FOLLOWING DOMINANT THEMES. Any business or building 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.
(a) Specified sexual activities are any of the following conditions:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts or explicit representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation.
3. Fondling or erotic touching of human genitals, pubic region, buttock or female breast.
4. Excretory functions as part of or in connection with any activities set forth in the above.
(b) Specified anatomical areas are any of the following conditions:
1. Less than completely and opaquely covered (1) human genitals; pubic region or pubic hair; (2) buttock; and (3) female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernible turgid state, even if opaquely covered.
AGRICULTURAL ACTIVITY. The use of land for the growing and/or production and wholesale distribution of field crops, livestock, and livestock products for the production of income or own use, including but not limited to the following:
(1) Field crops, including but not limited to, barley, beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers.
(2) Livestock, including but not limited to, dairy and beef cattle, goats, sheep, hogs, horses, poultry, game birds and other animals including deer, rabbits and mink.
(3) Livestock products, including but not limited to, milk, butter, cheese, eggs, meat, fur and honey.
(4) Trees, shrubs, bushes, and plants for wholesale distribution.
(5) Sod farming.
AGRICULTURAL BUILDING OR STRUCTURE. Any building or structure, with the exception of dwelling units, which is used principally for agricultural activities.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
ALTERATION. As applied to a building or structure, is a change or rearrangement in structural parts, or enlargement or the moving from one location to another. When used in connection with public waters or wetlands, is any activity that will change or diminish the course, current or cross-section of public waters or wetlands.
APARTMENT. A room or suite of rooms with cooking facilities which is occupied as a residence by 1 family or a group of individuals living together as a single-family unit. This includes any unit in a building with more than 2 dwelling units.
APPLICANT. Any person who wishes to obtain a building permit, zoning, or subdivision approval, or a permit to allow land-disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's direction.
AGRICULTURAL CONTROL AND BUILDING MATERIALS REVIEW BOARD (REVIEW BOARD). A board established by the city that consist of the following city officials: City Administrator or designee, Zoning Administrator, and Building Inspector to review building plans to determine if such plans are consistent with the architectural controls and building materials provisions of this chapter.
ASSISTED LIVING FACILITY. A housing development with general services and also provides assisted living services that are subject to the requirements of M.S. Chapter 144G Assisted Living Services.
AUTO REDUCTION YARD (MOTOR VEHICLE REDUCTION YARD. A lot or yard where 1 or more unlicensed motor vehicle, or the remains thereof, is kept for dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. (See also JUNK YARD).
AUTO REPAIR MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, or trailers including body work, frame work and major painting service.
AUTOMOBILE SERVICE STATION. A building or any portion thereof designed primarily to supply fuel, oil, lubrication and accessories for motor vehicles.
AUTOMOTIVE SERVICE CENTER. A facility for the sale, service, and repair or replacement of any 1 or more of the following: tires, batteries, brakes, transmissions, shock absorbers, exhaust systems and similar parts, including engine tune up, wheel balancing, and alignment, but not including body repair, painting, engine rebuilding, or tire capping.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. “Base flood” is synonymous with the term “regional flood” as used in Minnesota Rules, Part 6120.5000.
BASE FLOOD ELEVATION (BFE). The elevation of the base flood or 1% annual chance flood. The term “base flood elevation” is used in the flood insurance study.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base sub-grade (below ground level) on all 4 sides, regardless of the depth of excavation below ground level.
BED AND BREAKFAST. An owner-occupied principal dwelling in which 5 or less rooms are rented on a nightly basis for a period of less than 7 days. Meals may or may not be provided to guests.
BERM. A mound of earth with elevation generally above the surrounding area.
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. Techniques proven to be effective in controlling runoff, erosion and sedimentation including those documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (BWSR, 1988); Protecting Water Quality in Urban Areas (MPCA, 2000); the Minnesota Urban Small Sites BMP Manual (Metropolitan Council 2001); and other sources as approved by the City of Jordan, as such documents may be amended, revised or supplemented.
BLADE. The extensions from the hub of a wind energy conversion system which are designed to catch the wind and turn the motor to generate electricity.
BLOCK. A tract of land consisting of 1 or more lots as identified on a plat and bounded by plat boundaries, public ways, outlots, parks, or bodies of water.
BLOCK, FRONT. The distance between intersections along 1 side of a street.
BLUFF. A topographical feature such as a hill, cliff, or embankment in which the average grade of any portion of the slope is 30% or greater and there is at least a 25-foot rise in elevation.
BLUFF FACE. The area between the toe of the bluff and the top of the bluff.
BLUFF IMPACT ZONE. A 25-foot zone at the top of a bluff.
BLUFF OVERLAY DISTRICT. The Overlay District shown on Map 1: "Scott County Wetlands & Bluff Areas Map" where potential bluffs exist. This map is located in Appendix A of the Jordan Comprehensive Surface Water Management Plan.
BLUFF, TOE OF. The lower side of a bluff where the average slope levels off to 18% or less.
BLUFF, TOP OF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in slope is apparent, the top of the bluff shall be determined as the highest end of a 50 foot segment that exceeds 18% slope.
BOARD OF ADJUSTMENT AND APPEALS. A board established by the city to hear and decide appeals regarding zoning and having powers set forth is M.S. § 462.357 and M.S. § 462.359. The Planning Commission shall serve as the Board of Adjustment and Appeals. See § 31.22 of the City Code.
BOARDER. An individual, other than a member of the family of the owner, who occupies the dwelling unit or part thereof, who, for consideration, is furnished other services which may include meals.
BOARDING (ROOMING OR LODGING) HOUSE. A building, other than a motel or hotel, where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for at least 3, but not more than 20, persons.
BREWERY, MICRO-DISTILLERY, MICRO-BREWERY, MICRO-WINERY or TAP ROOM. A small scaled on- or off-sale liquor business, located in a building where the primary use is for restaurant, retail, or tasting room, and which specializes in producing limited quantities of wine, beer, or other alcoholic beverages as regulated by Chapter 111 of the City Code, Alcoholic Beverages.
BROWNFIELD. Abandoned, idled, or under-utilized industrial and/or commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination from past business practices.
BUFFER. Land area used to visibly separate 1 area from another or to shield or block noise, lights or other nuisances, or an area of natural, unmaintained, undisturbed ground cover abutting or surrounding a water course, public waters wetland, or wetland.
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 FACE. That portion of the exterior wall of a structure which shall be determined by an exterior angle of at least 210 degrees formed by 2 exterior walls, each being at least 18 feet in length.
BUILDING HEIGHT, PRINCIPAL. The vertical distance as measured on a principal structure from the average grade of a building line to: the cornice of a flat roof, the deck line of a mansard roof, the uppermost point on a round or other arch-type roof or the mean distance of the highest gable on a pitched or hip roof.
BUILDING LINE, SHORELAND. A line measured across the width of a lot where the main structure is placed in accordance with setback provisions from the ordinary high-water mark.
BUILDING SETBACK LINE. A line parallel to the street right-of-way line, and ordinary high water level, if applicable, at its closest point to any story level of a building and representing the minimum distance which all or part of the building is set back from the right-of-way line, or ordinary high water level.
BUILT ENVIRONMENT. The sum of the parts of a community's physical surroundings formed and shaped by human activity, including buildings, structures, landscaping, earth mounds, roads, signs, trails, and utilities.
BUSINESS. Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated.
BWSR. The Minnesota Board of Water and Soil Resources.
CAMPGROUND. Public or private land or premises used or occupied for compensation by campers.
CANNABIS MANUFACTURING. A facility that is a cannabis business with a Minnesota state license or endorsement authorizing the creation of cannabis concentrate and the manufacture of cannabis products and hemp-derived consumer products for public consumption.
CANOPY. Any structure, movable or stationary, attached to and supported by the building and projecting over property.
CARPORT. An automobile shelter enclosed on not more than 2 sides. A carport is not a garage.
CELLAR. That portion of the building having more than ½ of its ground floor-to-ceiling height below the average grade of the adjoining ground.
CHANNEL. The natural or artificial depression of perceptible extent along Sand Creek with a definite bed and bank to confine and conduct flowing water either continuously or periodically.
CHILD. A person who has not reached age 18.
CHURCH OR SYNAGOGUE. See RELIGIOUS INSTITUTIONS.
CITY. The City of Jordan.
CLEAR CUTTING. The entire removal of a stand of trees or vegetation.
CLEARING or CLEAR. The trimming and/or removal, as appropriate, and the proper disposal of vegetation.
CLUB OR LODGE. A non-profit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests and where there is no on-sale liquor.
CLUSTER HOUSING. The development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land, while providing a unified network of open space and aesthetically pleasing areas and meeting the overall density regulations of this chapter and the Zoning Ordinance.
COLLECTOR VEHICLE. Any motor vehicle manufactured between and including the years 1925 and 1948, and designated by the registrar of motor vehicles as a classic car because of its fine design, high engineering standards, and superior workmanship, and owned and operated solely as a collector's item, and/or any motor vehicle including any truck that is at least 20 model years old, was manufactured after 1935 and is owned and operated solely as a collector's vehicle.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
COMMISSIONER. The Commissioner of the Department of Natural Resources or Department of Public Safety. Appointed members of the Watershed Board or the Watershed Planning Commission.
COMMON OPEN SPACE. Any open space, including 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.
COMPENSATOR STORAGE. Excavated volume of material below the floodplain elevation required to offset floodplain fill.
COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs, and maps for guiding the physical, social, and economic development, both public and private, of the city and its environs. The plan includes any unit or part of the plan separately adopted and any amendment to the plan or parts thereof.
COMPREHENSIVE SURFACE WATER MANAGEMENT PLAN. The City of Jordan's Comprehensive Surface Water Management Plan prepared to meet requirements of the Scott Watershed Management Organization. Adopted and implemented in accordance with M.S. § 103B.231 and Minnesota Rules 8410 for Local Water Management.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after restrictions as provided in the official control or building codes and upon a finding that: (1) certain conditions as detailed in this chapter exist; (2) insofar as practicable, conditions specific to each designated conditional use; and (3) the structure and/or land use conform to the comprehensive plan and are compatible with the existing neighborhood.
CONDOMINIUM. Real estate in which (1) separately described portions of a multi-unit building are designated as units and each unit is designated for separate ownership; (2) the remainder of the real estate, which may include portions of the multi-unit building, is designated for common ownership (common elements) solely by the owners of the units; and (3) undivided interests in the common elements are vested in the unit owners.
CONFORMING LOT. A lot or parcel legally existing on the effective date of this chapter which meets the minimum lot width and lot area requirements of this chapter.
CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated storm water runoff, leading to soil erosion and the movement of sediment into surface waters or drainage systems.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
CONVENIENCE STORE. A store containing less than 15,000 square feet and which sells any 1 or a combination of the following: groceries, pharmaceutical, bakery goods, dairy products, hardware, and variety store items.
CONVENTIONAL ENERGY SYSTEM. Any energy system, including supply elements, furnaces, burners, tanks, boilers, related controls and energy-distribution components, which uses any source of energy other than solar or windmills. These sources include but are not limited to gas, oil, coal, and nuclear materials.
COOPERATIVE. Real estate owned by an association, each of whose members is entitled to a proprietary lease in a unit located on the real estate by virtue of the member's ownership interest in the association.
COUNCIL. The City Council of Jordan, Minnesota.
COUNTY. Scott County, Minnesota.
CURB LEVEL. The grade elevation established by the city of the curb in front of the center of a building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.
DAY CARE FACILITY. A facility which provides 1 of the following services: Care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis for any part of a 24-hour day; or care for adults offering a program less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are aimed at maintaining or improving the participants' capabilities for self-care. This does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals.
dB (DECIBEL). The usual unit for measuring the relative loudness of sound.
DEAD STORAGE. The permanent pool volume of a water basin, or the volume below the runout elevation of a water basin.
DECK. A structure which is either freestanding or attached to a principal or accessory structure, constructed at grade or above grade, intended or designed for use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
DENSITY. A measurement of the amount of development located on a tract of land or within an area. For residential, density is measured by the number of dwelling units per acre. For non-residential development, density is measured by the gross square foot area of building(s) per acre, which can be expressed in the form of a number (i.e., 10,000 square feet per acre) or by floor area ratio (i.e., 0.25). See also FLOOR AREA RATIO (FAR).
DEPARTMENT STORE. A store selling a wide variety of goods arranged in several departments.
DESIGN REVIEW BOARD. A board established by the city to review design guidelines and standards to determine if such plans are consistent with design manuals and provisions of this chapter.
DESIGN STANDARD. Specific criteria and limitations placed on development and uses which are intended to protect the public health, safety, and welfare.
DETENTION BASIN. A facility designed to temporarily store runoff from rainfall or snow melt, releasing the stored water at a controlled rate until the basin is empty. The outlet or control structure is located at the bottom of the facility so that the basin is dry after the runoff event.
DETENTION FACILITY. A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEWATERING. The removal of water for construction activity.
DIRECT SUNLIGHT. Sunlight unobstructed by any improvement or tree within the solar access space.
DRAIN OR DRAINAGE. Any method for removing or diverting water from water bodies, including excavation of an open ditch, installation of subsurface drainage tile, filling, diking, or pumping.
DRIVE IN. Any use where products and/or services are provided to a customer in such a manner that the customer does not have to leave the vehicle regardless of whether service is also provided within a building.
DRIVE THROUGH. Any use providing the opportunity of selling, serving, or offering goods or services directly to customers in vehicles.
DRIVEWAY. A minor private or public way used by vehicles and pedestrians on an individual lot or parcel of land.
DWELLING. A building or 1 or more portions thereof occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, trailer coaches, or houseboats.
DWELLING UNIT. A residential building or portion thereof consisting of 1 or more rooms, which include toilet and cooking facilities and a sleeping area, physically arranged so as to create an independent housekeeping establishment intended for occupancy by 1 family, but not including hotels, motels, boarding or rooming houses or tourist homes. The principal types are:
(1) SINGLE-FAMILY. A free-standing (detached) residence structure designed for or occupied by 1 family only.
(2) TWO FAMILY. A residence structure, commonly referred to as a duplex, designed for or occupied by not more than 2 families, with separate housekeeping and cooking facilities for each.
(3) TOWNHOUSE. A single-family dwelling unit constructed in a group of 2 or more similar single-family dwelling units, with no other unit above it or below it, with each unit extending from the foundation to the roof, with each unit having a private entrance, and designed for not more than 1 family.
(4) MULTIPLE-FAMILY. A residence designed for or occupied by 3 or more families, either wholly (attached) or partially (detached), with separate housekeeping and cooking facilities for each.
(5) MULTIPLE-FAMILY, SENIOR CITIZEN. See SENIOR CITIZEN HOUSING.
DWELLING, ATTACHED. A dwelling unit which is joined to another dwelling or building at 1 or more sides by a party wall or walls.
EASEMENT. A grant by the owner of land to the general public or to others for a specific use of the land.
ESC. Erosion and Sediment Control.
EDUCATIONAL FACILITY; SCHOOL FOR THE ARTS. A school where classes in the various arts (including but not limited to dance, gymnastics, painting, sculpting, singing) are taught to 4 or more persons at a time, but not more than 20 persons per class.
EFFICIENCY UNIT. A dwelling unit with 1 primary room which serves as a living room, kitchen, and bedroom.
ELECTRONIC AMUSEMENT DEVICE OR GAME. A mechanical or electronic amusement device or machine which, upon the insertion of a coin, token or slug, operates or may be operated or used for a game, contest or amusement of any description and which contains no payoff in money, coins,
checks or merchandise other than a free game(s) at the same machine. Said item includes pinball machines; miniature pool tables; bowling machines; shuffle-boards; electric rifle or gun games; miniature mechanical or electrical games patterned after baseball, football, basketball, hockey, soccer or similar games; electric work and test games; and electric video games of sports, words or aptitude used solely for amusement and not as gambling devices. This term does not include jukeboxes, food vending machines or children's amusement devices.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, vape pens, modes, tank systems, or under any other name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE excludes “drugs”, “devices”, or “combination products”, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
ENERGY DISSIPATION. Methods employed at pipe outlets or along pipe alignments to prevent erosion including, but not limited to: concrete aprons, riprap, collars, splashguards, and gabions.
ENERGY STORAGE FACILITY. Equipment consisting of containers, heat exchanges, piping and other transfer mechanisms (including fluids, gases or solids), controls and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.
EQUAL DEGREE OF ENCROACHMENT. Method of determining the location of encroachment lines so that the hydraulic capacity of flood plain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to flood plain encroachments.
EROSION. The wearing away of the ground surface as a result of the movement of wind, water and/or ice.
EROSION CONTROL. Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
ESSENTIAL SERVICES. Overhead or underground electric, gas, steam or water distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith but not including buildings.
EXCAVATION. The mechanical removal of earth material.
EXTERIOR STORAGE. The storage, including open storage, of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
FALL ZONE. The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure. The fall zone radius will be assumed to be equal to the tower height. This distance may be reduced if the applicant provides a registered engineer's certification that the wind energy conversion system is designed to collapse, fall, curl, or bend within a distance shorter than the tower height, or such certification is provided by the tower manufacturer.
FAMILY. An individual; 2 or more persons related to each other by blood, marriage or adoption; or not more than 4 persons not so related who maintain a common household with cooking and kitchen facilities.
FARM. See AGRICULTURAL ACTIVITY.
FARM FENCE. An open type of fence of posts and horizontally run wire, further defined by M.S. § 344.02, Subd. 1(a-d), and is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FEDERAL AVIATION ADMINISTRATION (FAA). The governmental agency responsible for regulating airways in the United States.
FEEDER LINE. Any power line that carries electrical power from 1 or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the wind energy conversion system.
FEEDLOT. A place of confined feeding of livestock, poultry or other animals for food, fur, pleasure or resale purposes, in a yard, lot, pen, building or other area not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals.
FENCE. Any partition, structure, wall or gate erected as a divider, marker, barrier or enclosure and located along the boundary, within the required yard, or elsewhere on the property. Fence height shall be measured from the normal grade adjacent to the fence line.
FILL. A deposit of earth material placed by artificial means.
FLOOD. A temporary increase in stream flow or stage of a wetland, pond, or lake that results in inundation normally dry areas.
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 flood plain outside the floodway. Flood fringe shall have the same meaning as the term "floodway fringe" as used in the flood insurance study for the City of Jordan.
FLOOD INSURANCE RATE MAP. An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY. The study referenced in § 154.503, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.
FLOODPLAIN. The beds and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the base flood. The floodplain includes the floodway and the flood fringe.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments made 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.
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source.
FLOODWAY.
The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the base flood discharge.
FLOOR AREA. The sum of the gross horizontal area (measured from the exterior faces of the exterior walls or from the centerline of party walls separating 2 buildings) of each floor of a building. In particular, floor area shall include:
(1) Basement space if at least ½ of the basement story is above the established curb level or above the average level of the finished grade if a curb level has not been established;
(2) Elevator shafts and stairwells at each floor;
(3) Floor space used for mechanical equipment where the structural headroom exceeds 7½ feet, except equipment, open or enclosed, located on the roof such as bulkheads, water tanks and cooling towers;
(4) Attic floor space where the structural headroom exceeds 7½ feet;
(5) Interior balconies and mezzanines;
(6) Enclosed porches but not terraces, breezeways and screened porches;
(7) Accessory uses other than floor space devoted exclusively to accessory off-street parking or loading.
FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building by the net area of the lot or parcel of land on which such building is located.
FLOOR PLAN. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.
FOSTER CARE FOR ADULTS. A program operating 24 hours a day that provides functionally impaired adults with food, lodging, protection, supervision, and household services in a residence, in addition to services according to the individual service plans under Minnesota Rules, part 9555.5105, subpart 18. (M.S § 245.02)
FRONTAGE. The boundary of a lot which abuts an existing or dedicated public street.
FUNERAL HOME. A funeral home is defined as a business which provides a wide variety of funeral services as defined by M.S. § 149A.02, Subd. 23. A funeral home may have a maximum of 1 crematory retort under the following conditions:
(1) The retort is located within the same structure as the funeral home;
(2) The crematory retort complies with all state and federal statutes, regulations and requirements;
(3) The crematory retort is used only for bodies for which the funeral home has prepared such body for cremation.
GARAGE, PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store property of the family, or families, resident upon the premises as required by this chapter.
GARAGE, PUBLIC. Any premises used for the storage or care of motor vehicles or premises where any such vehicles are equipped for operation, are repaired, or are kept for rental, or for sale. Any sale of gasoline, oil, and accessories are only incidental to the principal use.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished ground, paving, or sidewalk surface between the building and the property line or between the building and a line 5 feet from the building when the property line is more than 5 feet from the building.
GROUND FLOOR AREA. The lot area covered by a building or buildings measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 12 feet in height.
GROUND FLOOR-AREA RATIO. The numerical value obtained through dividing the gross ground floor area of a building by the net area of the lot or parcel of land on which such building is located.
GROUP FAMILY DAY CARE. Day care for no more than 14 children at any 1 time.
HELIPORT. An area either at ground level or elevated on a structure licensed or approved for the landing and takeoff of helicopters; and including auxiliary facilities such as parking, waiting facility and maintenance equipment.
HIGHLY SUSCEPTIBLE WETLAND TYPE. A wetland characterized as a sedge meadow; open or coniferous bog; calcareous fen; low prairie; coniferous or hardwood swamp; or seasonally flooded wetland.
HISTORIC STRUCTURE. Sites listed on or eligible for the National Register of Historic Places and state or locally-designated properties.
HOLDING POND. An area designed or accepted by the City Engineer and approved by the city to retain water to control the flow of stormwater.
HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant of a dwelling and carried on within a dwelling unit. A home occupation does not include the dwelling occupant who works on a hobby at the dwelling and makes a small amount of money at the hobby.
HORTICULTURE. The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees and cultured sod.
HOTEL. A building which provides a common entrance, lobby, halls, and stairway and in which 20 or more people can be, for compensation, lodged with or without meals.
HUB. The center of the rotor to which the blades are attached.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE. A structure or paved area that hinders or blocks the absorption of water into the ground. Examples include, but are not limited to, rooftops, sidewalks, patios, driveways, parking lots, storage areas, concrete, asphalt, or gravel roads.
INFILTRATION AREA. A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth's surface.
INFRASTRUCTURE. The system of public works for a county, state, or municipality including, but not limited to, structures, roads, bridges, culverts, sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and interceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, electrical lines and associated facilities, and phone lines and supporting facilities.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it.
INTERMODAL SHIPPING CONTAINER. A standardized reusable steel box used for the safe, efficient, and secure storage and movement of materials and products within a global containerized intermodal freight system.
JUNK YARD. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Such materials include, but are not limited to, scrap iron and other metals, paper, rags, rubber, tires, bottles, appliances and lumber. Junk yard includes auto reduction yards but does not include sanitary landfills or uses located entirely within an enclosed building.
KENNEL. Any structure or premise on which 3 or more dogs or cats over 6 months of age are kept, housed, boarded, bred, or offered for sale.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion, or the movement of sediment into water bodies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under this chapter.
LAND USE PLAN. A compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development.
LANDLOCKED BASIN. A basin that does not have a natural outlet at or below the existing flood elevation as determined using the simplified hydrologic yield method or other acceptable hydrologic analysis method identified in the Comprehensive Surface Water Management Plan, adopted August of 2006, as amended.
LANDSCAPING. Plantings such as trees, grass, ground cover, and shrubs.
LAUNDROMAT. A facility where patrons wash or dry clothing or other fabrics in machines operated by the patron and/or a business that provides washing, drying and ironing for hire by an employee of the facility. Does not include dry cleaning of clothing or other fabrics onsite.
LEAST SUSCEPTIBLE WETLAND TYPE. A wetland characterized as a gravel pit, cultivated hydric soil, dredged material or fill, or material disposal site.
LICENSED RESIDENTIAL FACILITY. A residential structure typical of those in the neighborhood housing persons who receive the care and supervision of a "supervised residential program" or "social rehabilitation program" and adults who operate the dwelling unit as a home.
LIVEABLE FLOOR AREA. Finished living space in a dwelling unit, but not including a cellar or garage.
LOCAL GOVERNMENT UNIT (LGU). The City of Jordan, Minnesota.
LOCAL WATER PLAN. The City of Jordan's Comprehensive Surface Water Management Plan, as amended.
LODGING ROOM. A room, without cooking facilities, which is rented as sleeping and living quarters. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as 1 lodging room.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT AREA PER UNIT. The number obtained by dividing the lot area by the number of dwelling units on or proposed for the property.
LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The mean horizontal distances between the front lot line and the rear lot line of a lot.
LOT, INTERIOR. A lot which is not a corner lot.
LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the lot line of such public right-of-way shall be deemed to be the lot line for applying setback and yard requirements.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street. In the case of a corner lot, the front lot line 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.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet 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 or rear lot line.
LOT OF RECORD. A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date, and which is occupied by or intended for occupancy by 1 principal use, together with any accessory buildings or the open spaces as required by this chapter and having its principal frontage on a street, or a proposed street approved by the Council.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of lot depth.
LOT, DOUBLE FRONTAGE/LOT, THROUGH. A lot other than a corner lot which has a property line abutting on 1 street and an opposite property line abutting on another nonintersecting street.
LOW FLOOR ELEVATION. The finished surface elevation of the lowest floor of a structure.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.
MAJOR WATERSHED. One of the 87 major watershed units delineated by the map titled State of Minnesota Watershed Boundaries, 1979, produced by the Minnesota Department of Natural Resources as included in the Wetland Conservation Act Rules 8420.0549.
MANUFACTURED HOME. A structure, transportable in 1 or more sections, which in the traveling mode, is 8 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 therein.
MANUFACTURED HOME PARK. Any site, lot, field or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structures, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.
MANUFACTURED HOME SITE. An area of ground in a manufactured home park of not less than 5,000 square feet designated as a location for 1 manufactured home.
MANUFACTURED HOME STAND. The part of an individual manufactured home lot which has been reserved for placement of the manufactured home, appurtenant structures or additions.
MARQUEE. A permanent roofed structure attached to and supported by the building and projects over property.
METEOROLOGICAL TOWER. Those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting wind energy conversion system. Meteorological towers do not include towers and equipment used by airports, the Minnesota Department of Transportation, or other similar applications to monitor weather conditions.
MINING. The extraction and removal from a site of sand, gravel, rock, black dirt, peat, soil or other material. Removal of materials associated with construction of a building is not considered mining, provided such removal is approved in the building permit.
MINI-WAREHOUSE. A building or group of buildings in a controlled-access, screened, and secured compound that contains individual compartmentalized and controlled-access storage spaces of varying sizes which are leased or rented for storage purposes on an individual basis.
MINNESOTA POLLUTION CONTROL AGENCY (MPCA). The state organization responsible for the NPDES/SDS permitting system.
MODERATELY SUSCEPTIBLE WETLAND TYPE. A wetland characterized as shrub-carr, alder thicket; fresh wet meadow not dominated by reed canary grass; or shallow or deep marsh not dominated by reed canary grass, cattail, giant reed, or purple loosestrife.
MODULAR BUILDING, INDUSTRIALIZED. A building of closed construction made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site, and is constructed so that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage, destruction. This does not include "manufactured home" or "prefabricated home", which are each defined separately.
MOTEL. A building or group of detached, semi-detached or attached buildings that contains guest rooms with garage or parking space conveniently located to each unit and that is designed, used or intended to be used primarily for the accommodation of automobile travelers.
MSL (MEAN SEA LEVEL). Represents the average 19-year height of the surface of the sea for all stages of the tide.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)/STATE DISPOSAL SYSTEM (SDS). This permitting system is managed by the Minnesota Pollution Control Agency (MPCA).
NATIVE GRASSES and FORBS. Grasses, including prairie grasses, and flowering broad-leaf plants which are indigenous to the state.
NATIVE PLANT COMMUNITIES. Groups of native plants which generally occur together in an area. Examples include wet prairie, dry prairie, oak savannah, or maple-basswood forest.
NEIGHBORHOOD. A geographic area defined by boundaries within which residents conveniently share the common services and facilities in the vicinity of their dwellings.
NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this zoning chapter.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not “tobacco” or an “electronic delivery device” as defined herein. It does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs", "devices", or "combination products", as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
NOISE. Any activity which creates or produces sound regardless of frequency exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) above the ambient noise levels as designated by the NAC noise table at the time and place and for the duration then mentioned.
NON-CONFORMING BUILDING OR STRUCTURE. See STRUCTURE, NON-CONFORMING.
NON-CONFORMING LOT. A lot or parcel legally existing on the effective date of this chapter which does not meet the minimum lot width or lot area requirements of this chapter or on the effective date of a new land use regulation.
NON-CONFORMING USE. A use of land, buildings, or structures legally existing on the effective date of this chapter which does not comply with the regulations herein governing the zoning district in which such use is located. Any use which has been allowed as a conditional use shall not be considered non-conforming.
NON-POINT SOURCE. Nutrient and pollution sources not discharged from a single point, e.g. runoff from agricultural fields, feedlots or urban streets.
NORMAL WATER LEVEL (NWL). For a reservoir with a fixed overflow, the NWL is the lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood storage.
NRCS. The Natural Resource Conservation Service.
NURP. The Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study storm water runoff from urban development.
NURSING HOME. A licensed facility or part of a licensed facility which provides nursing care to 5 or more persons. This does not include a facility or part of a facility which is a hospital, a hospital with approved swing beds as defined in M.S. § 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential program licensed pursuant to M.S. §§ 245A.01 through 245A.16, or M.S. § 252.28 and M.S. § 144A.01 Subd. 5.
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 flood plain 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 or that is placed where the flow of water might carry the same downstream to the damage of life or property.
OFFICIAL MAP. A map adopted in accordance with M.S. § 462.359, which may show existing and proposed future streets, roads, highways, and airports of the municipality, the area needed for widening of existing streets, roads, and highways of the municipality, and existing and future county state aid highways and state trunk highway rights-of-way. An official map may also show the location of existing and future public land and facilities within the municipality.
OPEN SALES LOT (EXTERIOR STORAGE). Any land used or occupied for the purpose of buying, selling, leasing, renting or trading goods, materials or merchandise where such goods are not enclosed in a building.
OPEN SPACE. Land preserved apart from development. An open area, including passive and active recreation, unimproved land, pedestrian plazas, parks, nature areas, playgrounds and trails, but not including holding ponds.
OPEN SPACE RECREATIONAL USE. A recreational use particularly oriented to and utilizing the outdoor character of an area, including hiking and riding trails, primitive campsites, campgrounds, wayside parks, and recreation areas.
ORDINARY HIGH WATER (OHW) LEVEL. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool.
ORNAMENTAL GROUNDCOVER. A groundcover, other than turf grass, ornamental plantings, or native plantings, which includes mulch, woodchips, and landscaping rocks.
ORNAMENTAL PLANTING. Grasses, flowering perennial and annual plants and groundcovers that may not be indigenous to Minnesota but are adaptable. Ornamental grasses do not include turf grasses.
OUTDOOR SALES AND DISPLAY. Land devoted to the display of goods, products or merchandise for sale, rent, lease or trade where such goods are not enclosed within a building. This can also include the selling of goods or products outside.
OUTDOOR SEATING. A commercial seating area for business patrons which is not located in an "Indoor Area" as defined by M.S. § 144.413, Subd. 1a.
OUTDOOR STORAGE. The storage, including open storage, of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building, for an indefinite period of time.
OUTLOT. A tract of land identified by a capital letter and is land that is not part of a block.
OWNER. Any person or entity having a legal or equitable interest in real property and its fixtures and appurtenances, including the interests of a tenant or lessee.
PARCEL. A parcel of land designated by plat, metes and bounds, registered land survey, auditors subdivision, or other accepted means and separated from other parcels or portions by its designation.
PARK AND RECREATION COMMISSION. The Park and Recreation Commission of the city, except when otherwise designated. See § 31.23 of the Code of Ordinances.
PARKING LOT. Five or more parking spaces, along with the driveway connecting the parking spaces to the street or alley and permitting satisfactory ingress and egress of an automobile, and the driving lane between or servicing the parking spaces.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately owned property, either within or outside a building, of sufficient size to store one standard automobile.
PARKS, PRIVATE. A tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, and the like, that is occupied by a natural or landscaped area, buildings, or structures, with the intent to provide active or passive recreational use or natural resource protection. Includes, but is not limited to, such uses as parks, plazas, greens, botanical or ornamental gardens, playfields and game courts, playgrounds, and monuments. Includes related ancillary facilities such as picnic table areas, and gazebos.
PARKS, PUBLIC. A tract of land provided by a unit of government that is occupied by a natural or landscaped area, buildings, or structures, with the intent to provide active or passive recreational use or natural resource protection. Includes, but is not limited to, such uses as parks, plazas, greens, botanical or ornamental gardens, playfields and game courts, playgrounds, and monuments. Includes related ancillary facilities such as picnic table areas, and gazebos.
PASSIVE RECREATION. Recreational opportunities oriented toward relaxing and relatively non-physical activities, such as picnicking, fishing, and walking.
PASSIVE SOLAR SYSTEM. A solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access to be used by pedestrians and others and which may be used for the installation of utility lines.
PERFORMANCE STANDARD. See DESIGN STANDARD.
PERMITEE. The person or political subdivision in whose name a permit is issued pursuant to this chapter.
PERSON. Any individual, trustee, partnership, unincorporated association, limited liability company, or corporation.
PLANNED UNIT DEVELOPMENT PLAN. A general plan drawn to scale for development of property requested to be zoned PUD and which identifies at least the use of the property, the intensity of the uses expressed in number and type of dwelling unit; gross square feet in commercial, industrial or other uses; general location and size of proposed buildings; public and private streets and roadways within and adjacent to the property; access points, parking areas and the number of spaces; open space to be preserved and open space to be created; general vegetation; legal description; total acreage; graphic scale and north point.
PLANNING COMMISSION. The Planning Commission of the city, except when otherwise designated. See § 31.21 of the Code of Ordinances.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and M.S. Chapter 505.
POLITICAL SUBDIVISION. A county, city, town, school district, or other local government jurisdiction to which the state provides state aids or on which the state imposes state mandates or so named by statute.
PRE-CUT HOME. A non-mobile housing unit in which the lumber components for the walls, floors and ceilings, roof and structured member are pre-cut at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.
PREFABRICATED HOME. A single-family or multi-family dwelling unit constructed of walls, floors, ceilings and other building components that have been separately constructed off of the building site and are then transported to the building site for assembly and installation.
PROOF OF PARKING. An area of a lot other than that area secured for yards, usable open space or landscaping which is allocated for parking but is not paved or striped.
PROPERTY. Real property and its fixtures and appurtenances. The phrase PRIVATE PROPERTY shall include, in addition to the privately owned PROPERTY, the adjacent land and improvements located in the public right-of-way from the street curb or edge of the road to the property line and in any public alley from the centerline of the alley to the property line.
PROPERTY LINE. The legal boundaries of a parcel of property.
PROPERTY OWNER. A person, association or corporation having a freehold estate interest; a leasehold interest extending for, or a renewal option for, a term in excess of 1 year; a dominant easement interest; or an option to purchase any of same. This term shall not include owners of interests held for security purposes only.
PROTECTED WATERS. Any lake, pond, or flowage greater than 10 acres in size and Sand Creek per Minn. Rules 6120.2500 - 6120.3900.
PROTECTIVE COVENANT. A contract entered into between private parties which constitutes a restriction on the use of a particular parcel of property.
PUBLIC HEALTH AND GENERAL WELFARE. As defined in M.S. § 103D.011, subd. 23 and 24.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area, street lights, 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 or may be established.
PUBLIC IMPROVEMENT PROJECT. A public road or utility project that provides a common benefit to the community (such as, but not limited to, collector and arterial roads, and trunk stormwater facilities) and can be included in an approved capital improvement plan or transportation plan.
PUBLIC LAND. Land owned or operated by a municipality, school district, county, state or other governmental unit.
PUBLIC OPEN SPACE. Open space owned by the city, county, state, school district or other special district.
PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, subd. 15.
PUBLIC WATERS WETLANDS. All Type 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are 10 or more acres in size in unincorporated areas or 2.5 or more acres in incorporated areas.
QUALITY PATIO FURNITURE. Non-folding furniture of sufficient durability to withstand high volume use that is maintained in good condition to protect health and public safety of customers and heavy enough to prevent tipping and breaking under normal conditions.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between 2 consecutive bridge crossings would most typically constitute a reach.
RECLAMATION LAND. Any parcel upon which 400 cubic yards or more of fill is deposited to elevate grade.
RECREATION EQUIPMENT. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 20 feet in length, picnic tables, lawn chairs, ice fishing houses, utility trailers and other equipment generally towed behind another vehicle used for non-commercial purposes, barbecue stands and similar equipment or structures. This definition shall not include tree houses, swimming pools, and play houses exceeding 25 square feet of floor area or sheds utilized for storage of equipment.
RECREATIONAL VEHICLES; LARGE AND SMALL. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term recreational vehicle is synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.
RECREATION, PUBLIC. All uses that are commonly provided at parks, playgrounds, community centers and other such sites owned and operated by a unit of government for the purpose of providing recreation to the public.
REDEVELOPMENT. The rebuilding, repair or alteration of a structure, land surface or facility that creates less than 1 acre of new impervious surface, involves greater than 1 acre of land disturbance, and for which over 50% of the parcel involved is disturbed by a land disturbing activity. Note: for the purposes of this chapter if an activity creates more than 1 acre of new or additional impervious surface the activity is considered new development and exceptions in this chapter for redevelopment do not apply to the increased (new) impervious surface.
REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description by designating the same as a tract or tracts of a registered land survey number.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than 1 foot above the elevation of the base flood elevation plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
RELIGIOUS INSTITUTIONS. A building, together with its accessory buildings and uses, which is maintained and controlled by a religious body which is organized to sustain public worship and where persons regularly assemble for religious worship.
REPETITIVE LOSS. Flood related damages sustained by a structure on 2 separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
RESTAURANT. A place where food and beverages are prepared, served, and consumed by the general public for a fee. Restaurants are divided into 3 classes. If a restaurant offers services which cause it to meet the definition of more than 1 restaurant class, the restaurant shall be classified in the most restrictive classification, regardless of the amount of the various uses involved.
(1) RESTAURANT CLASS I. A sit down restaurant with on-sale liquor.
(2) RESTAURANT CLASS II. A sit down restaurant, including cafeterias, without on-sale liquor.
(3) RESTAURANT CLASS III. A fast food or drive-in restaurant.
RETAIL SALES OF EDIBLE CANNABINOID PRODUCTS. Any premises dedicated to the display and sale of any product that is not a drug, and is intended to be eaten or consumed by humans as a beverage containing a cannabinoid in combination with food ingredients.
RETENTION. The prevention of direct discharge of storm water runoff into receiving water or conveyance networks; examples include systems that discharge through percolation, exfiltration, infiltration and evaporation processes that generally have residence times of less than 3 days.
RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of storm water runoff by means of a permanent pool of water.
REZONING. The process whereby the zoning classification or specific regulations applicable to a property is/are changed from on district or applicable set of rules to another.
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.
ROAD. A right-of-way affording pedestrians and vehicles primary access to abutting properties, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or otherwise. Ingress and egress easements shall not be considered roads.
ROADWAY. The portion of street right-of-way improved for vehicular travel.
ROTOR. The wind energy conversion system blades and the hub to which they are attached.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
RUNOFF. Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SCREENING. The use of plant materials, fences or earthen berms to partially conceal the separate land use from the surrounding land use.
SCOTT SWCD. The Scott Soil and Water Conservation District.
SEDIMENT. The solid mineral or organic material that is in suspension, is being transported, or has been moved from its original location by erosion and has been deposited at another location.
SEDIMENTATION. The process or action of depositing sediment.
SELECTIVE CUTTING. The removal of single scattered trees.
SENIOR CITIZEN HOUSING. A housing development specifically designed for and occupied by elderly persons under a federal, state, or local government program or that is occupied solely by persons who are 62 or older or houses at least 1 person who is 55 or older in at least 80% of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.
SETBACK. The minimum distance between a building and the property line nearest thereto.
SEWAGE. Any water-carried domestic waste, exclusive of footing drainage and stormwater runoff, of any residence, industry, agricultural or commercial establishment, whether treated or untreated, including the liquid wastes produced by bathing, laundry, or culinary operations, and from toilets and floor drains.
SEWAGE, RAW. Sewage which has not been subjected to any treatment process.
SHADOW/FLICKER. The shadows cast from wind energy conversion system which generally occurs in close proximity to the wind energy conversion system, although this will vary depending on the time of year, latitude, and turbine height. Flicker effects can occur when the sun shines through the rotor blades at certain times of day and results in the temporary blocking of the sun's rays with each pass of a rotor blade.
SHOPPING CENTER. A group of commercial establishments built on a site which is planned and developed as an operating unit and typically sharing common space and services such as parking, maintenance and advertising.
SHORELAND ALTERATION. Grading or filling of shoreland areas or any alteration of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water.
SHORELAND DISTRICT. City of Jordan Shoreland Ordinance regulates the shoreland areas within the City of Jordan. Generally Shoreland District consists of land located within a floodplain, within 1,000 feet of the OHW of a public water or public waters wetland or within 300 feet of a stream or river.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public body of water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND SETBACK. The minimum horizontal distance between a structure and the ordinary high water mark.
SHRUB. A woody perennial plant smaller than a tree with several main perennial stems arising at or near the ground.
SITE PLAN. A plan for the development of a tract of land drawn to scale, including but not limited to identifying the proposed uses; the location and dimensions of all proposed structures; public and private streets and roadways on or abutting such tract, parking areas, ground covers; total acreage of the tract, legal description, number of dwelling units, if any, and number of bedrooms for each; the gross floor area, the floor area and ground floor area of all buildings and structures; and the graphic scale to which the plan is drawn.
SOLAR ACCESS SPACE. The airspace needed above all lots within the zoning district to prevent any improvement, vegetation or tree located on said lots from casting a shadow upon any solar device
located within said zone greater than the shadow cast between the hours of 9:30 a.m. and 2:30 p.m., central standard time, on December 21, by a hypothetical vertical wall 10 feet high located along the property lines of said lots. This chapter shall not apply to any existing improvement, tree or vegetation which casts a shadow upon a solar device at the time of installation of said device.
SOLAR COLLECTOR. A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.
SOLAR ENERGY. Radiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). To qualify as a solar energy system, the system must be permanently located for no less than 90 days in any calendar year beginning with the first calendar year after completion of construction.
SOLAR SKYSPACE. The space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.
SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner which protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy. The solar skyspace must be described as the three-dimensional space in which obstruction is prohibited or limited, the times of day during which direct sunlight to the solar collector may not be obstructed, or a combination of the 2.
SOLAR STRUCTURE. A structure designed to utilize solar energy as an alternative for or supplement to a conventional energy system.
SLIGHTLY SUSCEPTIBLE WETLAND TYPE. A wetland characterized as a floodplain forest; fresh wet meadow dominated by reed canary grass; or a shallow or deep marsh dominated by reed canary grass, cattail, giant reed, or purple loosestrife.
SLOPE. The degree of deviation of a surface from the horizontal; usually expressed in percent or degrees.
SPA. A unit which is not drained, cleaned, or refilled for each individual. It may be included, but not limited to hydrojet circulation, hot water, cold water mineral baths, air induction bubbles or any combination thereof. Industry terminology for a spa includes, but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, etc.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes, and synonymous with the term base flood or 1% annual chance floodplain.
STABILIZED. The exposed ground surface that has been covered by staked sod, erosion control blanket, riprap, mulch, wood fiber blanket or other material that prevents erosion from occurring. Grass seeding alone is not stabilization.
STANDARD. A preferred or desired level of quantity, quality, or value.
START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the parchment of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundation, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE LICENSED RESIDENT PROGRAM FACILITY. A program that provides 24 hour per day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a program in an intermediate care facility for 4 or more persons with developmental disabilities; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under M.S. Chapter 254B. Residential programs include home and community-based services for persons with developmental disabilities that are provided in or outside of a person's own home.
(1) A single family use mandated by state statutes consisting of a state licensed residential facility to serve 6 or fewer persons.
(2) A multi-family use mandated by state statutes consisting of a state licensed residential facility to serve from 7 through 16 persons.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. 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, that are not bluffs.
STORMWATER DETENTION POND. Natural or created pond area that provides temporary storage of excess stormwater for the purpose of attenuating the peak rate of runoff by controlling the rate of pond discharge. Ponding areas that drain completely between storm events are dry detention ponds. Ponding areas that provide temporary storage in combination with a permanent wet pool are wet detention ponds.
STORMWATER MANAGEMENT PLAN. A plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in § 154.330.
STORMWATER POLLUTION PREVENTION PLAN. A plan of BMPs or equivalent measures designed to control runoff and erosion and to retain and control sediment on site during the period of land disturbing activities in accordance with the standards set forth by MPCA and § 154.330.
STORMWATER QUALITY POND. A created ponding area per W. W. Walker (1987) criteria that provides a permanent pool for the purpose of sediment and pollutant removal to reduce water quality impacts of urban development.
STORMWATER RETENTION POND. A natural or created ponding area that provides permanent storage of excess stormwater for the purpose of attenuating the peak volume of runoff, from which the only release of flow is by infiltration or evaporation.
STORMWATER RUNOFF. Water deposited by rain or other precipitation.
STORY. That portion of a building between the upper surface of any floor and the upper surface of the floor next above or, in the case of the top-most story, between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter, or is more than 12 feet above grade at any point, such basement, cellar or unused above-floor space shall be considered a story.
STREET, RIGHT-OF-WAY. A public or private thoroughfare with a minimum right-of-way width of 60 feet, subject to the City Engineer's discretion, which is used or intended to be used for passage or travel by motor vehicles. Streets are further classified by the functions they perform.
(1) ALLEY. A thoroughfare through the middle of a block giving access to the rear of lots or buildings.
(2) CUL-DE-SAC. A local street with only 1 outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(3) CUL-DE-SAC, TEMPORARY. A temporary turn around whose purpose is to allow the safe and convenient reversal of traffic, until such time that the street is extended.
(4) EYEBROW. A local street with a partial paved circle, usually for the purpose of providing additional frontage to lots.
(5) FRONTAGE. A public or private street intended for the collection of traffic that would otherwise directly access minor or major collectors or arterial roadways whose function is to provide access to streets of higher classification.
(6) LOCAL STREET. A roadway with traffic volumes generally less than 2,500 vehicle trips per day containing 1 lane of traffic in each direction whose primary function is to provide access to and from property.
(7) MAJOR COLLECTOR. A roadway that links residential and commercial uses with a balance between mobility and access and whose function is to provide traffic circulation within the city and access to and from minor and major arterials.
(8) MINOR ARTERIAL. An interregional road containing 1 or 2 lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs or other urban centers. Efficient movement is the primary function of a minor arterial road.
(9) LOCAL COLLECTOR. A roadway whose primary function is to provide access to and from major collectors and local streets.
(10) PEDESTRIAN WAY. A path along the side of a roadway.
(11) PRINCIPAL ARTERIAL. A limited access interregional arterial route containing 2 or more lanes in each direction. They are designated exclusively for unrestricted movement, have no private access and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement.
(12) PRIVATE STREET. A street serving as vehicular access to 2 or more parcels of land which is not dedicated to the public and which is owned, maintained and repaired by 1 or more private parties.
(13) TRAIL. A path with a surface used for travel.
STREETSCAPE. The aesthetic appearance and nature of a street in a neighborhood created by elements such as architecture, graphics, and landscaping.
STREET PAVEMENT. The wearing or exposed asphaltic or cementitious surface materials and underlying aggregate base materials of the roadway used by vehicular traffic.
STREET WIDTH. The shortest distance between the edges of the traveled roadway if there is no curb, or between the faces of the curb with a minimum of 24 feet, subject to the City Engineer's discretion.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, which would prolong or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE. Anything constructed, the use of which requires a location on the ground or attached to something having a location on the ground, including portable structures, earthen structures, water and storage systems, drainage facilities and parking lots.
STRUCTURE, NON-CONFORMING. A structure legally existing on the effective date of this chapter, or subsequent revisions, which does not comply with the most current regulations herein governing the zoning district in which such structure is located.
STRUCTURE, PRINCIPAL. The main building on a parcel of land.
SUBDIVISION. A described tract of land which is to be or has been divided into 2 or more lots or parcels, any of which resultant parcels is less than 10 acres in area, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel or land. The term includes resubdivision and, where appropriate to the context, relates either to the process of subdividing or to the land subdivided.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: 1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2) Any alteration of a “historic structure,” as defined in this section, provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
SUBSTATIONS. Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 KV for interconnection with high voltage transmission lines shall be located outside of the road right-of-way.
SURFACE WATER. All streams, lakes ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems, waterways, watercourses, and irrigation systems whether nature or artificial, public or private.
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 conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
SURFACED. A road, driveway, approach or parking lot which consists of bituminous material, concrete or other similar material.
SWIMMING POOL, RESIDENTIAL. Any constructed pool, permanent or portable, which is intended for non-commercial use as a swimming pool by the owner's family and their guests.
TEMPORARY OUTDOOR SEASONAL SALES. The temporary sale of agricultural produce, Christmas trees, flowers, food vendors such as ice cream, hot dogs, popcorn stands, fireworks and the like, sold and conducted within the appropriate zoning district in the city.
TOBACCO or TOBACCO PRODUCT. Any substance, item, or product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut. crimp cut, ready, rubbed and other smoking tobacco; snuff; snuff flower, cavendish, plug and twist tobacco; fine cut and other chewing tobaccos: shorts, refuse scripts, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing, sniffing, or smoking in a pipe, rolling paper or other tobacco-related devices. TOBACCO and TOBACCO PRODUCT excludes “drugs”, “devices”, or “combination products”, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
TOBACCO SALES. Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco-related devices.
TOBACCO-RELATED DEVICES. Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. The term TOBACCO-RELATED DEVICES includes electronic delivery devices and components of tobacco-related devices, which may be marketed and sold separately.
TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.
TOWER. Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment.
TOWER HEIGHT. The total height of the wind energy conversion system exclusive of the rotor blades.
TOWNHOUSE. See DWELLING UNIT – TOWNHOUSE".
TOXIC AND HAZARDOUS WASTE. Waste materials including, but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive
materials and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.
TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
TRANSPORTATION PLAN. A compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the municipality and its environs, such as streets and highways, mass transit, railroads, air transportation, trucking and water transportation, and includes a major thoroughfare plan.
TRANSFER STATION. A solid waste facility at which solid waste collected from any source is temporarily deposited to await transportation to another solid waste facility.
TREE. A large woody perennial plant with normally one main trunk and many branches.
TREE, CONIFEROUS. A tree that retains its leaves in the winter. Generally, a CONIFEROUS TREE’S leaves are needles.
TREE, DECIDUOUS. A tree that loses its leaves in the winter.
TREE, ORNAMENTAL. A deciduous tree that is anticipated to be 25 feet or less in height when mature.
TREE, OVERSTORY. A deciduous tree that is anticipated to be over 25 feet in height when mature.
TURF GRASS. Commercially available cultured grass plant varieties, including bluegrass, fescue and ryegrass blends, that are commonly used in regularly cut lawn areas and low-maintenance TURF GRASSES as defined herein.
UNATTENDED VEGETATION. Overgrown or untrimmed shrubs, brush, or grasses; diseased, dead, noxious, or poisonous vegetative growth; weeds; and any other improperly maintained or inappropriate vegetation as proscribed in rules and regulations.
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 and accessible to and usable by all persons occupying a dwelling unit or a room unit on the lot and their guests. Such area and improvements shall contain improvements such as outdoor swimming pools, patio area, game area, landscaped and grassy areas containing benches, sculpture gardens, pedestrian paths and trails or similar outdoor fixtures or features. The least dimension of the space so provided shall be 30 feet or greater. Roofs, driveways and parking areas shall not constitute usable open space.
USE. The purpose or activity, for which the land or building thereon is intended, designated or arranged or for which it is occupied, utilized or maintained.
USE, NON-CONFORMING. A use of land, buildings, or structures legally existing on the effective date of this chapter or a new land use regulation, which does not comply with the regulations herein governing the zoning district in which such use is located. Any use which has been allowed as conditional use shall not be considered non-conforming as long as it complies with the conditions of the conditional use permit.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular zoning district in which it is located. A use which is not an accessory use, a conditional use, or an interim use and which is allowed in a zoning district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory use. A principal use may be permitted, conditional, or interim.
VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, etc.
VARIANCE. A modification or variation from the literal provisions of the chapter where it is determined that their strict enforcement would cause practical difficulties to a specific piece of property. The Board of Adjustment and Appeals, as defined in this chapter, may grant such variances. A variance shall not be granted allowing a use prohibited in the district in which the structure, use and lot are located.
VECTOR. Any animal, insect, or other vermin that can transmit disease to humans or is the potential cause of a public health nuisance.
WATER BASIN. An enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters.
WATER BODY. All surface waters, water basins, watercourse, and wetlands as defined in this Code.
WATER-ORIENTED ACCESSORY STRUCTURE OF 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, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.
WATERCOURSE. Any natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale, or wash in which waters flow continuously or intermittently in a definite direction.
WATERCRAFT. Any contrivance used or designed for navigation on water. See § 73.03 of this Code of Ordinances.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WELLHEAD PROTECTION PLAN. A document that provides for the protection of a public water supply, submitted to the Minnesota Department of Health, is implemented by the public water supplier, and complies with: the wellhead protection elements specified in the 1986 amendments to the Federal Safe Drinking Water Act, United States Code, Title 42, Chapter 6A, Subchapter XII, Part C, Section 300h-7 (1986 and as subsequently amended); and Minnesota Rules parts 4720.5200 to 4720.5290.
WETLAND. Any wetland as defined in M.S. § 103G.005, Subd. 19.
WETLAND CONSERVATION ACT (WCA). The Minnesota Wetland Conservation Act of 1991, as amended.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of 1 or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers, which operate by converting the kinetic energy of wind into electrical energy. The energy maybe used on-site or distributed into the electrical grid.
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL. A wind energy conversion system greater than 40 kW in total name plate generating capacity and designed or operated to provide energy principally to consumers located off the premises and does not meet the requirements established for a non-commercial wind energy conversion system.
WIND ENERGY CONVERSION SYSTEM, FREESTANDING. A wind energy conversion system other than roof-mounted.
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL. A wind energy conversion system consisting of a wind turbine and associated control or conversion electronics used primarily to reduce on-site consumption of utility power. A non-commercial wind energy conversion system shall not exceed a rated capacity of 40 kW in total name plate generating capacity.
WIND ENERGY CONVERSION SYSTEM, ROOF-MOUNTED. A wind energy conversion system affixed to the roof of a building or other structure.
WIND TURBINE. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted by this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.
YARD, FRONT. That portion of the yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to the depth required in the setback regulations for the zoning district in which such lot is located.
YARD, REAR. That portion of the yard on the same lot with the principal building located between the rear line of the principal building and the rear lot line and extending the full width of the lot.
YARD, SIDE. That portion of the yard extending along the side lot line between the front yard and the rear yard to the depth or width required by the setback requirements of the zoning district in which such lot is located.
ZERO LOT LINE. The reduction to 0 of a side yard setback requirement permitting the placement of a structure near or adjacent to the side yard lot line; however, no portion of the structure or accessory appurtenance shall project over the lot line.
ZONING. A map-based system for guiding land-use development by dividing a city into land-use zones. An associated zoning code specifies the types of acceptable land uses, setbacks, lot sizes, and other restrictions for each zoning classifications and affects what an individual may legally do to develop and use parcels therein. It is the method by which jurisdictions control the manner in which areas develop.
ZONING ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter.
ZONING AMENDMENT. A majority vote of all members of the City Council is required for a zoning amendment except that a change in classification from residential to commercial or industrial requires a vote of all members.
ZONING DISTRICT. A mapped area or areas as defined by this chapter within which the regulations and requirements governing the use of property are uniform.
ZONING MAP, OFFICIAL. The map or maps incorporated into this chapter as part thereof, designating the zoning districts. The official map shall be used by the Planning Commission, city staff, and City Council in regard to zoning classifications and districts.
ZONING ORDINANCE. The ordinance or resolution controlling the use of land as adopted by the city.
(Ord. 2007-009, passed 6-18-2007; Am. Ord. 2013-05, passed 5-20-2013; Am. Ord. 2013-06, passed 7- 15-2013; Am. Ord. 2013-11, passed 12-2-2013; Am. Ord. 2016-02, passed 2-1-2016; Am. Ord. 2016-07, passed 10-3-2016; Am. Ord. 2016-09, passed 12-5-2016; Am. Ord. 2020-01, passed 2-3-2020; Am. Ord. 2020-04, passed 11-16-2020; Am. Ord. 2020-09, passed 1-4-2021; Am. Ord. 2021-03, passed 3-1-2021; Am. Ord. 2021-08, passed 8-2-2021; Am. Ord. 2022-04, passed 7-11-2022; Am. Ord. 2023-01, passed 2-13-2023; Am. Ord. 2023-03, passed 8-28-2023; Am. Ord. 2023-04, passed 8-28-2023)