For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purpose of this chapter, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.
ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
(4) The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
COMMERCIAL PLANNED UNIT DEVELOPMENTS. Typically uses that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are COMMERCIAL PLANNED UNIT DEVELOPMENTS.
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.
CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
DUPLEX, TRIPLEX and QUAD. A dwelling structure on a single lot, having two, three and four units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel and resort rooms and cabins.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel rock, industrial minerals, other nonmetallic minerals and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.
GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
HARDSHIP. The same as that term is defined in M.S. Chapter 462, as it may be amended from time to time.
HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground elevation at the building, or ten feet above the lowest ground level, which ever is lower, and the highest point of a flat roof, or average height of the highest gable of a pitched or hipped roof.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
INTENSIVE VEGETATIVE CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
NONCONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominately aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as it may be amended from time to time.
RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a RESIDENTIAL PLANNED UNIT DEVELOPMENT, a development must contain at least five dwelling units or sites.
RIPARIAN. Land contiguous to the bank of a stream, the shore of a lake, or the edge of a wetland.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, or other facility and an ordinary high water level, top of a bluff, road, highway, property line or other facility.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
SIGNIFICANT HISTORIC SITE.
(1) Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time.
(2) A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the Director of the Minnesota Historical Society.
(3) All unplatted cemeteries are SIGNIFICANT HISTORIC SITES.
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.
STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, gas lines, towers, poles and other supporting facilities.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.
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 the use.
TOE OF THE BLUFF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from a gentler to a steeper slope above. If no break in the slope is apparent, the TOE OF THE BLUFF shall be determined to be the lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.
TOP OF THE BLUFF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from a steeper to a gentler slope above. If no break in the slope is apparent, the TOP OF THE BLUFF shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.
VARIANCE. The same as that term is defined or described in M.S. Chapter 462, as it may be amended from time to time.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY.
(1) 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.
(2) Examples of these structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached decks.
WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife the latest edition of Classification of Wetlands and Deepwater Habitats of the United States published by the U.S. Fish and Wildlife Service.
(Ord. 195, passed 2-3-1992)