§ 154.06  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING AND USES.  A subordinate building or portion of the main building, the use of which is clearly incidental to and serves exclusively the principal building or principal use. The accessory building or use shall be located on the same zoning lot.
   AGRICULTURE.  The process of producing food and fiber including but not limited to the land, facilities, structures, and buildings for operation and maintenance thereof.
   APARTMENT.  A room or suite of rooms in a multiple dwelling used for human occupancy.
   BASEMENT.  A story, partly underground, with more than one-half of its height below grade.
   BED AND BREAKFAST INN.  A building of residential design, or portion thereof, where short-term lodging and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
   BUILDING.  Any structure designed or intended for shelter, housing, business, office, and accommodation of persons, animals, chattels, or property.
   BUILDING AREA.  The portion of the zoning lot that can be occupied by the principal use, excluding the front, rear, and side yards.
   BUILDING HEIGHT.  The vertical distance from the grade to the highest point of the roof.
   BUILDING LINE.  A line establishing the minimum distance that structures may be placed from the lot lines or street right-of-way. For the purposes of this chapter the BUILDING LINE is the same as set-back line.
   BUILDING PRINCIPAL.  A building in which the principal use of the property occurs.
   BUILDING WIDTH.  The horizontal distance between two exterior comers of a principal building when measured on the narrowest side.
   CITY.  The City of Lake Park, Minnesota.
   CITY COUNCIL.  The City Council of Lake Park, Minnesota, a legally constituted body under Minnesota Statute.
   CLUB or LODGE.  A private club or lodge which is a non-profit association of persons for the purpose of gatherings and entertaining members including consumption of food and beverages.
   CONDITIONAL USE.  Use of a special nature not automatically permitted in a zoning district and which requires review and approval of the City Council after a public hearing subject to the provisions of § 154.64.
   CONFORMING BUILDING OR STRUCTURE.  A building or structure which complies with all requirements of this chapter and other regulations adopted by the City Council.
   DEVELOPMENT.  Any man-made change to improved or unimproved real estate.
   DEVELOPMENT PLAN.  A document including maps and data for physical development of an area as provided by § 154.32(D) of this chapter.
   DISTRICT.  A section or sections of the city for which regulations governing the use of building and premises, the building heights, size of yards, lot area, lot width, and the use are uniform.
   DWELLING.  Any building or portion thereof, used exclusively for human habitation including single-family and multiple-family units but not including hotels or motels.
   DWELLING, MULTI-FAMILY.  A single building or portion thereof containing two or more dwelling units.
   DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
   DWELLING, TWO-FAMILY.  A building containing two dwelling units only.
   ENCROACHMENT.  Any fill, building, structure, or use projecting into the required yard areas or onto public or property.
   ESTABLISHMENT.  A place of business for processing, production, assembly, sales, or service of goods and materials.
   FAMILY.  Two or more persons occupying a dwelling unit.
   FLOOR AREA.  The total square footage of the floor space within the exterior walls of a building. For the purposes of this chapter, the AREA shall be calculated using the exterior measurements of the building.
   FRONTAGE.  The front part of a lot abutting a public right-of-way, street, or highway.
   GARAGE, PRIVATE.  An accessory building or portion of a principal building designed for storage of personal vehicles.
   GARAGE, PUBLIC.  A building, or portion thereof, designed and used for repair, maintenance, sale, service, and storage of vehicles.
   GRADE.  The land elevation at the horizontal intersection of the ground and the building.
   HOME OCCUPATION.  An occupation carried on in a dwelling unit by a member or members of the family and which meets these requirements:
      (1)   No such home occupation shall require substantial interior or exterior alterations of the dwelling which would vary the residential character of the buildings;
      (2)   The occupation is conducted within the principal building and not in an accessory building;
      (3)   No stock-in-trade is kept or commodities sold other than those produced on the premises;
      (4)   No more than 25% of the floor area of the dwelling is devoted to such home occupation;
      (5)   There is no outside storage of equipment and not more than two additional persons outside the family are engaged in such occupation;
      (6)   The occupation shall not create odor, dust, noise, or other disturbances noticeable outside the dwelling;
      (7)   No sign shall be allowed other than one non-illuminated, and mounted flat against the wall of the principal building; and
      (8)   The need for any additional parking generated by the conduct of the HOME OCCUPATION shall be met by off-street parking subject to the provisions of § 154.46(B).
   LODGING HOUSE.  A residential building, or portion thereof, which accommodates three or more unrelated persons with meal privileges.
   LOT.  A piece, parcel, or area of land of continuous assemblage established by survey, plat, or deed.
   LOT, CORNER.  A lot having frontage on two intersecting streets. If no previous designation has been made, prior to any new construction upon any corner lot the owner shall designate and deliver to the city in writing the front, rear, and side lot lines of the lot, which designation shall govern for all purposes in the future.
   LOT, DEPTH.  The average horizontal distance between the front lot line and the rear lot line.
   LOT AREA.  The ground area within the lot lines.
   LOT LINES.  The property lines bounding the lot.
      (1)   LOT LINE, FRONT.  The boundary line of a lot adjacent to the public street right-of-way. On a lot adjacent to two public streets at opposite ends, both lot lines adjacent to the public street rights-of-way are the FRONT LOT LINES and there shall be no rear lot line.
      (2)   LOT LINE, REAR.  The boundary line of a lot opposite to the front lot line. On a lot adjacent to two public streets at opposite ends, both lot lines adjacent to the public street right-of-ways are the front lot lines and there shall be no REAR LOT LINE.
   LOT LINE, SIDE.  The boundary line of a lot which is not otherwise defined as front or rear lot lines.
   LOT, WIDTH.  The horizontal distance between the side lot lines of a lot measured at the front building setback line.
   LOT, ZONING.  One or more contiguous lots or parcels owned by the same or related parties or entities, developed into a unified tract of land that is dedicated to a single zoning use.
   MANUFACTURED HOME.  A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established by the state.
   MOBILE HOME.  A manufactured trailer or dwelling unit intended for family residential occupancy.
   MOBILE HOME LOT.  A lot or parcel of land platted or planned to accommodate a mobile home.
   MOBILE HOME PARK.  A parcel of land of not less than three acres of land, which is licensed by the state and for which a detailed plan indicating the location of lots, blocks, streets, facilities, and utilities exists subject to the requirements of § 154.29(B)(5).
   NON-CONFORMING BUILDING/USE.  Any building, or use of land or building, which does not comply with any or all parts of this chapter.
   PARKING , OFF-STREET.  One or more spaces set aside on private land, with direct access from street or alley not less than nine feet wide and 20 feet long, exclusive of passage ways.
   PERMANENT FOUNDATION.  Concrete or wood frost footings, a floating concrete slab, a concrete slab with concrete footings at least 16 inches deep, or posts buried four feet into the ground and partially encased in concrete up to at least one foot from the bottom of the post.
   PERMITTED USES.  Those uses, buildings, or structures which comply with the provisions of specific zoning districts. PERMITTED USES are distinct from conditional uses which are authorized only if certain requirements of these provisions are met after a public hearing and approval by the City Council.
   PERSON.  Any individual, firm, corporation, partnership or legal entity.
   PLANNED DEVELOPMENT.  A grouping of buildings and structures on a site of three or more acres in single ownership which is not limited by the yard or building height limitations but is based on a detailed development plan and recorded with the County Recorder upon approval by the City Council and meets all requirements of §§ 154.27 through 154.33.
   PUBLIC ROADWAY or PUBLIC WAY.  Any dedicated and/or recorded rights-of-way including alleys, sidewalks, streets, roads, or highways.
   SIGN.  Any emblem, name identification, description or illustration which is used for outdoor advertising having permanent location on the ground, or attached to, or painted on a building, including bulletin boards, billboards, and poster boards, but excluding real estate “for sale” signs, political campaign signs, public information and traffic signs.
   SITE PLAN.  A detailed plan for making improvements to a parcel of land for the purpose of building and development.
   STREET.  A public or private right-of-way which affords the principal means of access to abutting property.
   STRUCTURAL ALTERATIONS.  Any change in the supporting elements of a building or structure including bearing elements, partitions, columns, beams, girders, roofs, exterior walls, and embankment.
   STRUCTURE.  Anything constructed or erected; the use of which requires permanent location on the ground including advertising signs and billboards.
   USE.  The purpose for which land or premises or a building thereon is designed or arranged, or for which it is, or may be occupied or maintained.
   VARIANCE.  The relaxation of the terms of the ordinance in relationship to building height, size of the front, rear, and side yards, where the literal enforcement of this chapter could create unreasonable hardship, but it is not contrary to the purposes of this chapter. A VARIANCE may not be granted for any use not permitted under this chapter for property in the zone where the affected land is located.
   YARD.  An open space on the zoning lot which is unoccupied or unobstructed by any portion of a structure from the ground upward.
   YARD, FRONT.  An open space extending across the front of the lot between the side lot lines and extending from the front lot line to the nearest line of a principal building.
   YARD, REAR.  An open space extending across the rear of the lot between the side lot lines and extending from the rear lot line to the nearest line of a building.
   YARD, SIDE.  An open space between the side line of the lot and the nearest line of a building and extending from the front lot line to the rear lot line.
(Ord. 19-1, passed 8-10-1998; Ord. 19-14, passed 12-9-2002; Ord. 19-16, passed 2-13-2006)