For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building, or a portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building. (See § 157.067.)
ACCESSORY USE. A use incidental or subordinate to the principal use of the same land.
ADMINISTRATOR. The City Zoning Administrator.
AGRICULTURAL BUILDING. A structure on agricultural land as defined in FARM/RURAL of this section, designed, constructed and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sublessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products.
ANIMALS, DOMESTIC PETS. Dogs, cats, birds and similar animals commonly kept in a residence. Animals considered wild, exotic or non-domestic, such as bears, lions, wolves, oscelots and similar animals shall not be considered domestic pets.
ANIMALS, DOMESTIC FARM. Cattle, hogs, horses, bees, sheep, goats, chickens and other animals commonly kept for commercial food producing purposes.
ANIMAL UNIT. A unit of measure used to compare differences in the production of animal wastes which has a standard as the amount of waste produced on a regular basis by a slaughter steer or heifer.
APARTMENT. A room or suite of rooms with cooking facilities designed to be occupied as a residency by a single family.
AREA, NET DEVELOPABLE. Those lands within a development parcel remaining after the deletion of floodplains, wetlands, slopes greater than 12% and unbuildable easements or rights-of-way.
ATTORNEY. The City Attorney.
AUTO OR MOTOR VEHICLE REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. (See also “junk yard”).
AUTOMOBILE REPAIR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.
AUTOMOBILE SERVICE STATION - (GAS STATION). A place where any motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing, oiling or sale of automobile accessories on the premises. This definition also includes minor repairs and replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half tons capacity. This definition shall not include major repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair; overhaul, painting or paint job, vehicle steam cleaning or automatic car or vehicle washing devices.
AUTOMOBILE SERVICE USES. Those uses catering to the traveling public. These include auto and truck laundry, drive-in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services and restaurants.
BASEMENT. A portion of a building between floor and ceiling, located partly above and partly below grade, and having one-half or less of its floor to ceiling height below the average grade of the adjoining ground. Earth sheltered houses that meet all other requirements of the Building Code shall not be considered basements. A crawl space is a BASEMENT.
BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging are provided for three or more unrelated persons, but not to exceed eight persons.
BUILDING. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of any person, animal or property of any kind. When any portion thereof is completely separated from every other part thereof by area separation, each portion of such building shall be deemed as a separate building.
BUILDING CODE. The Building Code.
BUILDING HEIGHT. The vertical distance between the grade level at the building line and the uppermost line of the roof. This excludes chimneys, antennas and the like.
BUILDING OFFICIAL. The officer or other designated authority, certified by the state under M.S. § 16.861, as it may be amended from time to time, charged with the administration and enforcement of the State Building Code, or his or her duly authorized representative.
BUILDING SETBACK. The minimum horizontal distance between the building and the lot line.
BUILDING SETBACK LINE. A line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluffline or a high water mark or line, behind which buildings or structures must be placed.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
CARPORT. An automobile shelter having one or more sides open.
CELLAR. The portion of the building having more than one-half of the clear floor to ceiling height below the average grade of the adjoining ground. Underground buildings that meet all other requirements of the Building Code shall not be considered CELLARS.
CHANNEL. A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, including but not limited to streams, rivers, creeks, ditches, drainageways, canals, conduits, culverts, waterways, gulleys, ravines or washes; and including any area adjacent thereto which is required to carry and discharge the regional flood. (See Chapter 152.)
CHANNEL FLOW. That water which is flowing within the limits of a channel.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CITY. The governmental unit which has adopted this chapter, except where otherwise indicated.
CLUB OR LODGE. A non-profit association or persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests.
CLUSTER DEVELOPMENT. A pattern of subdivision development which places detached houses, duplexes or townhouse units into compact groupings while providing a network of commonly owned or dedicated open space.
COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public land and water use, transportation and city facilities, including recommendations for planned execution, documented in texts, ordinance and maps which constitute the guide for the future development of the city or any portion of the city.
CONDITIONAL USE. A land use or development as defined by ordinance that may 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 city and is compatible with the existing neighborhood.
CONDOMINIUM. See DWELLING - MULTIPLE OR APARTMENT BUILDING.
COUNCIL. The governing body of the city.
CURB LEVEL. The grade elevation of the curb in front of the center of a building. Where no curb has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this chapter.
DECIBEL. The unit of sound measured on the “A” weighing scale of a sound level meter, set on slow response, the weighing characteristics of which are specified in the Standards on Sound Level Meters of the USA Standards Institute.
DEPTH OF LOT. The horizontal distance between the frontage right-of-way line and rear lot line. On a corner lot, the side with the largest frontage is its DEPTH, and the side with the lesser frontage is its width.
DEPTH OF REAR YARD. The horizontal distance between the rear building line and the rear lot line.
DREDGING. The process by which soils or other surface materials, normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.
DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.
DWELLING. A building or one or more portions thereof occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing homes, boarding houses, nor trailers, tents, cabins or trailer coaches. (Also see DWELLING UNIT.)
DWELLING - ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING - DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING - DUPLEX OR TWO-FAMILY. A residential building containing two complete dwelling units.
DWELLING - MULTIPLE OR APARTMENT BUILDING. A residential building, or portion of a building, containing three or more dwelling units served by a common entrance.
DWELLING - SEASONAL. A residential building not capable of year-round occupancy due to non-winterized construction or inadequate non-conforming year-round on-site sewage treatment systems.
DWELLING - SINGLE. A residential building containing one detached dwelling unit.
DWELLING - TOWNHOUSE. A residential building containing two or more dwelling units with at least one common wall, each unit so oriented as to have all exits directly to the out-of-doors.
DWELLING UNIT. A residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used or intended for use exclusively as living quarters for one family.
ENGINEER. The City Engineer.
ESSENTIAL SERVICES - GOVERNMENTAL USES, BUILDINGS AND STORAGE. Governmental services such as office buildings, garages, temporary open space, open storage when not the principal use, fire and police stations, recreational areas, training centers, correctional facilities or other essential uses proposed by federal, state, county, local, special districts and school districts, except that schools shall not be permitted under this provision.
ESSENTIAL SERVICES - (PUBLIC UTILITY USES). Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories; but not including buildings or transmission services.
ESSENTIAL SERVICES - (PUBLIC UTILITY USES, TRANSMISSION SERVICES, BUILDINGS AND STORAGE). Transmission service such as electrical power lines of a voltage of 35 kv or greater, or bulk gas or fuel being transferred from station to station and not intended for enroute consumption or other similar equipment and accessories.
EXTERIOR STORAGE (INCLUDES OPEN STORAGE). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
FAMILY. An individual, or two or more persons each related by blood, marriage, adoption or foster care arrangement, living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household, exclusive of servants.
FARM, RURAL. A commercial food producing use on ten or more contiguous acres and is defined under a portion of the State Agricultural Property Tax Law (Green Acres Law) § 273.111 Agricultural Property Tax, subd. 6, to wit: real property shall be considered to be in agricultural use provided that annually it is devoted to the production for sale of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, apiary products.
FARM, SUBURBAN. A suburban farm is a non-commercial food producing use primarily intended for the use of the residents, and usually on less than ten contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables and domestic pets.
FEED LOT. The place of housing or feeding of livestock or other animals for food, fur, pleasure or resale purposes in yards, lots, pens, buildings or other areas 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. A partition, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure.
FILL. Any act by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed or transported and shall include the conditions resulting therefrom.
FINAL PLAT. A drawing or map of an approved subdivision, meeting all requirements of the subdivision ordinance (see Chapter 156), and in such form as required by the city for purposes of recording.
FLOOR AREA. The gross area of the main floor of a residential building measured in square feet and not an attached garage, breezeway or similar attachment.
FLOOR AREA - GROSS. The sum of the gross area of the various floors of a building measured in square feet. The basement floor area shall not be included unless such area constitutes a story.
FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located.
FLOOR PLAN - GENERAL. A graphic representation of the anticipated use of the floor area within a building or structure.
FRONTAGE. The boundary of a lot which abuts a public street or private road.
GARAGE - PRIVATE. A detached one-story accessory building, or portion of the principal building, including a carport, which is used primarily for the storing of passenger vehicles, trailers or farm trucks.
GARAGE - REPAIR. A building or space for the REPAIR or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junk yards.
GARAGE - STORAGE. Any premises, except those described as a private or public GARAGE used exclusively for the storage of power-driven vehicles.
GOVERNING BODY. The Board of Supervisors of a town, city council of a city or Board of Commissioners of the county.
HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant only of a dwelling unit which is a use that is clearly incidental to the use of the dwelling unit for residential purposes, when conducted on the premises.
HOTEL. A building having provision for nine or more guests in which lodging is provided with or without meals, for compensation, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
INSTITUTIONAL HOUSING. Housing for students, mentally and physically handicapped and similar housing of a specialized nature.
JUNK YARD. An area where discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.
KENNEL, COMMERCIAL. Any place where four or more of any type of domestic pets, over four months of age, are boarded, bred, trained or offered for sale.
KENNEL, PRIVATE. Any place where three domestic pets, over four months of age, are owned by any member or members of the household.
LAND ALTERATION. The excavation or grading of land involving movement of earth and materials in excess of 50 cubic yards.
LAND RECLAMATION. The reclaiming of land by depositing material so as to elevate the grade. Depositing a total of more than 50 cubic yards of material per lot or parcel, either by hauling in or regrading the area.
LANDSCAPING. Planting trees, shrubs and turf covers such as grasses and shrubs.
LOADING SPACE. A space, accessible from a street, alley or way, in or outside of a building, for the use of trucks while loading and unloading merchandise or materials.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM.
LOT. A parcel of land designated by metes and bounds, registered land survey, plat or other means, and which description is either recorded in the office of the County Recorder or Registrar of Titles or used by the County Treasurer or County Assessor to separate such parcel from other lands for tax purposes.
LOT AREA. The AREA of a horizontal plane within the LOT lines.
LOT AREA, MINIMUM PER DWELLING UNIT. The minimum number of square feet or acres of LOT AREA required per dwelling unit.
LOT - BUILDABLE. A LOT which meets or exceeds all requirements of the city land use and development ordinances without the necessity of variances.
LOT - CORNER. A LOT situated at the junction of and abutting two or more intersecting streets; or a lot at the point of a deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a LOT.
LOT - INTERIOR. A LOT other than a corner LOT, including through LOTS.
LOT LINE. The property line bounding a LOT, except that where any portion of a LOT extends into a public right-of-way or a proposed public right-of-way, the LINE of such public right-of-way shall be the LOT LINE.
LOT LINE - FRONT. That boundary of a LOT which abuts a public street or a private road, in the case of a corner lot, it shall be the shortest dimension of a public street. If the dimensions of a corner lot are equal, the FRONT LOT LINE shall be designated by the owner. In the case of a corner lot in a non-residential area, the lot shall be deemed to have frontage on both streets.
LOT LINE - REAR. That boundary of a lot which is opposite to the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten 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 lot line or a rear lot line.
LOT - THROUGH. Any lot other than a corner lot which abuts more than one street. On a THROUGH LOT, all the street lines shall be considered the front lines for applying this chapter.
LOT - THROUGH OR DOUBLE FRONTAGE. As defined in Chapter 156, Subdivision Code, and referring to a lake or stream frontage lot having a public road as one lot line and a water body at the opposite lot line.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the setback line.
MANUFACTURING - GENERAL. All MANUFACTURING, compounding, processing, packaging, treatment or assembly of goods or materials which would involve a risk of offensive or dangerous noise, odor or pollution beyond the lot on which the use is located. Such uses include, but are not limited to the following: sawmill; refineries; commercial feedlots; acid, cement; explosives; flour, feed and grain milling or storage; meat packing; slaughter houses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue; lime; gypsum; plaster of paris; tanneries; automobile parts; paper and paper products including storage; electric power generation facilities; vinegar works; junk yards, auto reduction yards; foundry; forge; casting of metal products; rock, stone and cement products.
MANUFACTURING - LIMITED. All compounding, processing, packaging, treatment or assembly of goods and materials, provided such use will not involve the risk of offensive odors, glare, smoke, dust, noise, vibrations or other pollution extending beyond the lot on which the use is located. Such uses include, but are not limited to the following: lumber yard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), bodywork and painting, contractor shops and storage yard, food and non-alcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles and used auto parts.
MANURE. Any solid or liquid containing animal excreta.
MEDICAL USES. Those USES concerned with the diagnosis, treatment and care of human beings. These include: hospitals, dental services, medical services or clinics, nursing or convalescent home, orphan’s home, rest home and sanitarium.
MEAN FLOW LEVEL. The average FLOW elevation of a stream or river computed as the mid-point between extreme low and extreme high water.
MINING. The extraction of sand, gravel, rock, soil or other material from the land and the removal thereof from the site. For the purposes of this chapter, MINING shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats or utility highway construction, minor agricultural and sod removal.
MOBILE HOME. A single-family detached dwelling unit designed for year-round occupancy, constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. MOBILE HOME shall not include TRAILER as herein defined, nor shall it include modular or prefabricated dwelling units which meet or exceed the requirements of the State Building Code.
MOBILE HOME LOT. A parcel of land for the placement of a single MOBILE HOME for the exclusive use of said MOBILE HOME.
MOBILE HOME PARK. Any site or tract of land designed, maintained or intended for the placement of two or more occupied mobile homes. Mobile home park shall include any building, structure, vehicle or enclosure intended for use as part of the equipment of such mobile home park.
MODULAR OR PREFABRICATED HOME. A non-mobile dwelling unit for year-round occupancy constructed or fabricated at a central factory and transported to a building site where final installations are made permanently affixing the dwelling unit to the site. Said dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of the State Building Code.
MOTOR COURTS, MOTOR HOTEL OR MOTEL. A building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.
MOTOR FREIGHT TERMINAL. A building or area in which FREIGHT brought by motor truck is transferred and/or stored for movement by motor truck.
MUNICIPALITY. A city, village or borough, however organized.
NOISE - AMBIENT. The all-encompassing noise associated with a given environment, being either a composite of sounds transmitted by any means from many sources near and far or a single predominant source.
NOMINAL FIVE-ACRE PARCEL. A FIVE-ACRE PARCEL not reduced by more than 10% due to road right-of-way dedication.
NON-CONFORMING USE OR LOT. Any legal use or lot 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. (See § 157.005.)
NOXIOUS MATTER. Material which is capable of causing injury or is in any way harmful to living organisms or is capable of causing detrimental effect upon the physical or mental health of human beings.
NURSERY - DAY. A use where care is provided for three or more children under kindergarten age for periods of four hours or more per day for pay.
NURSERY - LANDSCAPE. A business growing and selling trees, flowering and decorative plants, and shrubs which may be conducted within a building or without.
NURSING HOME. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder.
OFFICE USES. Those commercial activities that take place in OFFICE buildings, where goods are not produced, sold or repaired. Including, but not limited to banks, professional offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility offices, radio broadcasting and similar USES.
OFFICIAL CONTROL. Legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which CONTROL the physical development of a municipality or a county, or any part thereof, or any detail thereof, and the means of translating into ordinances all or any part of the general objectives of the comprehensive plan. Such OFFICIAL CONTROLS may include, but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps.
OFFICIAL MAP. A map adopted in accordance with the provisions of M.S. § 462.359, as it may be amended from time to time.
OPEN SALES LOT. Lands devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building.
OPEN STORAGE. STORAGE of any material outside of a building.
OWNER. Includes all persons interested in a property as fee simple OWNER, life estate holder, encumbrancer or otherwise.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.
PEDESTRIAN WAY. A public or private right-of-way across or within a block or tract, to be used by PEDESTRIANS.
PERFORMANCE STANDARDS. The minimum development STANDARDS as adopted by the City Council and on file in the office of the Building Inspector.
PERSON. Any person, corporation or association, including governmental agencies and political entities.
PLANNING ADVISORY COMMISSION or PLANNING COMMISSION. The duly appointed planning and zoning advisory commission of the city.
PLANNING AGENCY. A PLANNING commission or department, however created, or the office of the Planning or Zoning Director or Inspector or the office of any official designated as Such Planning or Zoning Director or Inspector, together with any staff members, employees or consultants of such commission, department, director, inspector or official, and the Board of Adjustment and Appeals and its employees or staff.
PRINCIPAL STRUCTURE OR USE. One which determines the predominant use as contrasted to accessory use or structure.
PROTECTIVE OR RESTRICTIVE COVENANT. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.
PUBLIC LAND. Land owned and/or operated by a governmental unit, including school districts.
RACE TRACK. Any area where one or more animals or power driven vehicles are raced for profit or pleasure.
RECREATION EQUIPMENT. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 25 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures, but not including tree houses, swimming pools, play houses exceeding 25 square feet in floor area or sheds utilized for storage of equipment.
RECREATION VEHICLE. Any VEHICLE or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:
(1) Is not used as the permanent residence of the owner or occupant;
(2) Is used for temporary living quarters by the owner or occupant while engaged in RECREATION or vacation activities;
(3) Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities; and
(4) Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pick-up campers, camping buses and self-contained self-propelled truck chassis mounted vehicles providing living accommodations.
RECREATION VEHICLE PARKS. A park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreation vehicles as defined herein, and upon which said recreation vehicles are parked. The term RECREATION VEHICLE PARK shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the park and its facilities or not.
RESEARCH. Medical, chemical, electrical, metalurgical or other scientific RESEARCH and quality control, conducted in accordance with the provisions of this chapter.
RESORT. Any structure or group of structures containing more than two dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary purpose of said structure or structures being recreational in nature. Uses may include a grocery for guests only, fish cleaning house, marine service, boat landing and rental, recreational area and equipment and similar uses normally associated with a RESORT operation.
RETAIL BUSINESS USES. Stores and shops selling personal services or goods for final consumption.
ROADSIDE SALES STAND. A structure used only for the display and sale of products with no space for customers within the structure, on a seasonal basis.
RUNWAY. A surface of an airport landing strip.
RUNWAY INSTRUMENT. A runway equipped with air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.
SCREENING. Screening includes earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers); used in combination or singularly, so as to block direct visual access to an object throughout the year.
SETBACK. The minimum horizontal distance between a structure and street right-of-way, lot line or other reference point as provided by ordinance. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure.
SHOPPING CENTER. Any grouping of two or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership.
SIGN. A display, illustration, structure or device which directs attention to an object, produce, place, activity, person, institution, organization or business. (Also see § 157.091.)
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a STORY and a cellar shall not be counted as a STORY.
STREET. A public right-of-way which affords a primary means of access to abutting property.
STREET - COLLECTOR. A STREET which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major road.
STREET - INTERMEDIATE OR MINOR ARTERIAL. A STREET which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
STREET - LOCAL. A STREET intended to serve primarily as an access to abutting properties.
STREET PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH. The WIDTH of the right-of-way measured at right angles to the centerline of the STREET.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would affect the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes. The term includes RESUBDIVISION and where it is appropriate to the context, relates to either the process of subdividing, or to the land subdivided, or to the development for which it is being subdivided.
SUPPER CLUB. A building with facilities for the preparation and serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than 50 guests at one time. Intoxicating liquors may be sold on-sale and live entertainment and/or dancing shall be permitted.
TAVERN or BAR. A building with facilities for the serving of 3.2% malt liquor, wine, set-ups and short order foods.
TRANSPORTATION TERMINAL. Truck, taxi, air, bus, train and mass transit TERMINAL and storage area, including motor freight (solid and liquid) TERMINAL.
TRUCK STOP. A motor fuel station devoted principally to the needs of tractor trailer units and trucks, and which may include eating and/or sleeping facilities.
USE - ACCESSORY. A USE subordinate to and serving the principal use or structure on the same lot and customarily incidental to such principal use.
USE - CONDITIONAL. See CONDITIONAL USE.
USE - OPEN. The USE of land without a building or including a building incidental to the OPEN USE.
USE - PRINCIPAL. See PRINCIPAL USE.
VARIANCE. A modification or variation of the strict provisions of this chapter as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship or particular difficulty imposed upon the property by this chapter. A VARIANCE shall normally be limited to height, bulk, density and yard requirements. A modification in the allowable uses within a district shall not be considered a VARIANCE. (See § 157.021(B).)
VEHICLE REPAIR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting services.
VETERINARY. Those uses concerned with the diagnosis, treatment and medical care of animals, including animal or pet hospitals.
WAREHOUSING. The storage, packing and crating of materials or equipment within an enclosed building or structure.
WATERFRONT USES (RESIDENTIAL). Boat docks and storage, fish house, fish cleaning, water recreation equipment and other uses normally incidental to a lakeshore residence, provided such uses are for the exclusive use of the occupants and non-paying guests.
WHOLESALING. The selling of goods, equipment and materials by bulk to another person who in turn sells the same to customers.
YARD. The open space on an occupied lot which is not covered by any structure.
YARD - FRONT. A YARD extending across the FRONT of the lot between the inner side yard lines and lying between the front line of the lot and the nearest building line.
YARD - REAR. A YARD extending across the REAR of the lot between the inner side yard lines and lying between the rear line of the lot and the nearest building line.
YARD - REQUIRED. A YARD area which may not be built on or covered by structures because of the dimensional setbacks for said structures within the zoning district.
YARD - SIDE. A YARD between the SIDE lines of the lot and the nearest building line.
ZONING DISTRICT. An area or areas within the city in which the regulations and requirements of this chapter are uniform.
(Ord. passed - -)