(A) Construction.
(1) In the event of conflicting provisions in the text of this chapter, and/or other ordinances, the more restrictive provision shall apply. The Zoning Administrator shall determine which is more restrictive and appeals from such determination may be made in the manner provided herein.
(2) Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word SHALL is mandatory, the word MAY is permissive.
(3) Unless otherwise specified, all distances shall be measured horizontally.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use subordinate to and serving the principal use on the same lot and customarily incidental thereto, such as vegetative cutting and grading and filling.
APPURTENANCE. A structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto such as garages, decks, essential services, signs, docks and stairways and lifts, except that APPURTENANCE does not include private water supply and sewage and waste disposal systems below the ground.
BLUFFLINE. A line along the top of a slope connecting the points at which the slope, proceeding away from the river or adjoining watershed channel, becomes less than 12% and it only includes slopes greater than 12% visible from the river or any water course tributary to the river. The location of the BLUFFLINE for any particular property shall be certified by a registered land surveyor or the Zoning Administrator. More than one BLUFFLINE may be encountered proceeding away from the river or adjoining watershed channel. All setbacks required herein shall be applicable to each BLUFFLINE.
BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions.
CHANNEL. A natural or artificial depression of perceptible extent with a definite bed and banks to confine and conduct flowing water either continuously or periodically.
DWELLING UNIT. A residential accommodation which is arranged, designed, used or intended for use exclusively as living quarters for one family.
HARBOR. A portion of a body of water along or landward of the natural shoreline deep enough for recreational watercraft navigation, and so situated with respect to shoreline features as to provide protection from winds, waves, ice and currents. Natural HARBORS consist of bays and estuaries, while artificial HARBORS are constructed by dredging.
MARINA. An area of concentrated small craft mooring, where ancillary facilities may be provided for some or all of such services as fueling, sewage pumpout, boat launching, boat repair and boat storage; except that MARINA does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.
NON-CONFORMING USE. Any use of land established before the 1974 Lower St. Croix National Scenic Riverway, M.S. § 104.25, which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.
ORDINARY HIGH WATER MARK. 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.
RIVERWAY BOUNDARY. A legally described line delineating the landward extent of the St. Croix Riverway.
SCENIC EASEMENT. An interest in land, less than fee title, that limits the use of the land for the purpose of protecting the SCENIC, recreational and natural characteristics of areas in the St. Croix Riverway. Unless otherwise expressly and specifically provided by mutual agreement of the parties, the EASEMENT shall be: perpetually held for the benefit of the people of the state; specifically enforceable by its holder or any beneficiary; and binding on the holder of the servient estate, his or her heirs, successors or assigns. Unless specifically provided by the parties, no such EASEMENT shall give the holder or any beneficiary the right to enter on the land except for enforcement of the EASEMENT.
SCREENING. The presence of vegetation or topography which makes any structure on any property visually inconspicuous in summer months as viewed from the river.
SETBACK. The minimum horizontal distance between any part of a structure and the ordinary high water mark or a bluffline. 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.
SLOPE. All lands between the ordinary high water mark and the riverway boundary having an angle of ascent or descent of more than 12% from the horizontal.
ST. CROIX RIVERWAY. All lands and public waters within the riverway boundary subject to the Standards and Criteria for the Lower St. Croix National Scenic Riverway in the state.
STRUCTURE. Any building or appurtenance thereto, except transmission services.
SUBSTANDARD STRUCTURE. Any structure established before the effective date of this chapter which is permitted within a particular zoning district but does not meet the structure setbacks or other dimensional standards of this chapter.
VARIANCE. Any modification or variation of the dimensional standards of this chapter where it is determined that, because of practical difficulties, strict enforcement of this chapter is impractical.
VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable in summer months as viewed from the river.
WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently. The term applies to either natural or artificially constructed channels.
WETLANDS. Land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, marsh or slough.
(Ord. passed - -)