For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For terms used in this chapter which do not include separate definitions herein, users of this chapter shall apply their common, ordinary meaning.
ABUTTING. Parcels which adjoin each other at one or more points.
ACCESSORY STRUCTURE. A detached uninhabited structuresubordinate to and serving the principal use or structure on the same lot and customarily incidental to it, including, but not limited to, garages, swimming pools, spas, whirlpools or same which is clearly subordinate to the principal use or structure in size, mass, and containing a use which is supportive of the principal use.
ACCESSORY USE. A subordinate use which is associated with a principal structure or use and which is located on the same lot as the principal structure or use.
AGRICULTURAL BUILDING OR STRUCTURE. Any building or structure existing or erected which is used principally for agricultural purposes meeting the requirements of M.S. § 362B.103, Subdivision 3, with the exception of dwelling units.
AGRICULTURAL USE. The use of land for the growing and/or production of field crops, livestock and livestock products for the production of income, including, but not limited to, the following:
(1) Field crops, including wheat, barley, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers;
(2) Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including dogs, ponies, deer, rabbits and mink;
(3) Livestock products, including milk, butter, cheese, eggs, meat, fur and honey; and
(4) Tree farms and other landscape nursery growing grounds.
ALLEY. A narrow public right-of-way, which normally affords a secondary means of vehicular access to abutting property which is not a public street.
APARTMENT. A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family or a group of individuals living together as a single-family unit. This includes any unit in buildings with more than two dwelling units which share a common entryway.
APARTMENT BUILDING. Any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units which may share individual access from a common entryway.
AUTO OR MOTOR VEHICLE REDUCTION YARD (JUNK YARD). A lot or yard where two or more unlicensed motor vehicles, trailers or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as, scrap storage or abandonment.
BANQUET HALL. Any place of business maintained, in whole or in part, for public rental for the purpose of private assembly events, whether family, group, or business in nature, where access by the general public is generally restricted, and with or without the sale, serving, or consumption of food and/or alcoholic beverages.
BAR. An establishment intended principally for the consumption of alcoholic beverages sold on the premises.
BASEMENT. That portion of a building, having more than one-half of its floor-to-ceiling height below the average grade of the adjoining ground. The basement area above grade is counted for the purpose of height and livable square footage regulations.
BED AND BREAKFAST. A private residence where for compensation, lodging and meals are provided for the keeper’s family and four or fewer separate sleeping rooms on a daily basis.
BERM. A landscaped mound of earth used for aesthetic or buffer purposes.
BILLBOARD. A structure erected, maintained or used for display of posters, signs, pictures or other reading material which advertises a business or attraction which is not carried on or manufactured in or upon the premises which the sign is located.
BLIGHT. Buildings or improvements which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, excessive land coverage, deleterious land use, or obsolete layout or any combination of these or other factors are detrimental to the safety, health, morals or welfare of the community.
BLOCK. The enclosed area within the perimeter of roads, property lines or boundaries of the subdivision.
BOARDING HOUSE. A building containing lodging rooms for sleeping, but without separate and individual cooking facilities, accommodating for compensation, three or more persons, but not exceeding 12 who are not of the keeper’s family. Lodging may be provided with or without meals.
BOULEVARD. An area of public right of way that lies between the property line and the public street.
BREWER. A person or entity who manufactures malt liquor for sale under the requirements of M.S. § 340A.
BREWERY. A place or operation where malt liquor is manufactured for sale under the requirements of M.S. § 340A.
BREWERY TAPROOM. An area on the premises of a brewery or on premises adjacent to a brewery owned by the brewer in which the brewer sells or otherwise provides exclusively malt liquor produced by the brewer for consumption within the brewer taproom meeting the requirements of M.S. § 340A.
BREWPUB. A commercial establishment in which malt liquor is brewed or manufactured principally for sale and consumption on the licensed premises that is owned by the brewer meeting the requirements of M.S. § 340A.
BUFFER. The use of land, topography, open space or landscaping to visibly separate and filter a use of property from another adjacent or nearby use.
BUILDING. Any structure which is built for the support, shelter or enclosures of persons, animals, chattels or movable property of any kind which is permanently affixed to the land.
BUILDING HEIGHT. The vertical distance to be measured from the average of the highest and lowest point grade of a building line to the highest point of the roof for flat roofs, to the upper deck line of a mansard roof, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE. A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way.
BUILDING SETBACK. The minimum horizontal distance between the building and a lot line, or the normal high water mark of a stream or river.
BUSINESS. Any commercial occupation, employment or enterprise wherein merchandise is exhibited, stored, sold or where services are offered for compensation.
CAMPGROUND. An area or tract of land on which accommodations for temporary occupancy are located or may be placed including cabins, tents, and recreational vehicles, and which is used for recreational purposes and retains an open and natural character.
CARPORT. A roofed structure or shelter providing space for parking motor vehicles and enclosed on not more than two sides. A CARPORT attached to a principal structure shall be considered as part of the principal building and subject to all yard requirements herein, and be limited to two stalls the total of which does not exceed 500 square feet.
CEMETERY. Land used or intended to be used for the interment of human or animal remains and dedicated for cemetery purposes including mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.
CERTIFICATE OF OCCUPANCY. An official certificate issued by the city through the enforcing official which indicates conformance with the zoning, building, and other relevant regulations and authorizes legal use of the premises for which it is issued.
CHURCH OR PLACE OF WORSHIP. 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, including, but not limited to, churches, chapels, temples, mosques, and synagogues. Examples of accessory uses for a church or place of worship include, but are not limited to, classrooms for religious instruction, kitchens, banquet and meeting rooms, and offices in support of the worship use. Examples of auxiliary uses which are not considered a church or place of worship: coffee shops, day cares, restaurants, outdoor sports or recreational complexes, retreat homes, publishing establishments, schools, hospitals and drug treatment centers.
CLINIC, MEDICAL or DENTAL. A building or buildings in which physicians, dentists, chiropractors , and allied professional assistants are associated for the purpose of carrying on the health-care profession.
CLUSTER DEVELOPMENT. A subdivision development planned and constructed so as to group housing units into patterns while providing a unified network of open space and wooded areas, and meeting the over-all density regulations of this chapter.
COCKTAIL ROOM. An area on the premises of a micro-distillery or on premises adjacent to a micro-distillery and owned by the distiller in which the distiller sells or otherwise provides exclusively distilled spirits produced by the distiller for consumption within the cocktail room meeting the requirements on M.S. § 340A.
COMMON OPEN SPACE. Any privately owned and operated 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 units.
COMMON SPACE - COMMERCIAL. Land and/or enclosed areas that are utilized for the mutual benefit of building tenants.
COMMON SPACE - RESIDENTIAL. Land and/or structures owned and maintained by a homeowners’ association or similar organization and used for the mutual benefit of the residents or tenants.
COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its surroundings, and includes any unit or part of the plan, which is separately adopted, and any amendment to the plan or parts thereof.
CONDITIONAL USE. A use which generally may be appropriate or desirable in a specified zone but requires special approval because if not carefully located or designed, it may create special problems such as excessive height, building controls or abnormal traffic congestion or other concerns. The city may impose additional conditions in specific instances to protect the public health, safety, morals or welfare of the community.
CONDITIONAL USE PERMIT. A zoning permit obtained pursuant to the applicable process in this chapter providing for the operation of a conditional use on a particular parcel. Such permit shall be deemed to “run with the land,” regardless of property owner or occupant, provided the occupant of the property continues to meet the conditions attached to such permit.
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 energy. These sources include, but are not limited to, gas, oil, coal and nuclear materials but exclude windmills.
COOPERATIVE. A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.
CREMATORIUM. A facility wherein human remains are cremated.
CUL-DE-SAC. A street with a single means of ingress/egress and having a circular turnaround at the end.
DAY CARE - FAMILY. A licensed facility serving 12 or fewer persons, or a group family day care serving 14 or fewer children, including those children residing in the home and meeting the requirements of M.S. § 462.357, as may be amended.
DAY CARE CENTERS. Any private or public agency, institution, establishment or place which provides supplemental and/or education work, other than lodging overnight, for a number of individuals exceeding the limits cited in DAY CARE - FAMILY, for compensation or as defined by the state building code.
DENSITY. The number of dwelling units per gross area of land as regulated by the zoning districts. For the purposes of this definition, “gross area” shall include wetlands and rights-of-way, with the exception of arterial highways.
DEPARTMENT STORE. A store selling a wide variety of goods arranged in several departments.
DOG KENNEL. An accessory structure for the keeping of any dog or dogs, for sale, breeding, harboring, boarding or treatment purposes.
DRIVE-IN (OR DRIVE-THROUGH) BUSINESS. 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, ATTACHED. A dwelling unit which is joined to another dwelling or building at one or more sides by a party wall or walls.
DWELLING, DETACHED. A dwelling unit which is entirely surrounded by open space on the same lot.
DWELLING UNIT. A room, or group of rooms, which are arranged, designed or used as living quarters for the occupancy of one family, containing a bathroom, kitchen and sleeping quarters, and intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses or tourist homes. There are three principal types:
(1) MULTIPLE-FAMILY. A residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a larger structure (detached), with separate housekeeping and cooking facilities for each unit.
(2) SINGLE-FAMILY ATTACHED. A residential building containing two or more dwelling units with one or more common walls, each unit with a separate private access to the outdoors, which includes but is not limited to:
(a) CONDOMINIUM. A residential building containing two or more dwelling units held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units, each owner having an undivided interest in the common real estate.
(b) DUPLEX. A residence designed for or occupied by two families with separate housekeeping facilities for each. May also be called a twin home or two-family residence.
(c) QUADPLEX. A residential building containing four dwelling units with one common wall, each unit so oriented as to have all exits open to the outside.
(d) 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 open to the outside.
(e) ZERO-LOT-LINE. A residential building containing two or more dwelling units held in separate ownership, and the real estate on which each unit is located is owned solely by the owner of the unit.
(3) SINGLE-FAMILY DETACHED. A freestanding residential structure designed for or occupied by one family only.
EARTH SHELTERED BERM. An earth covering on the above-grade portions of building walls.
EARTH SHELTERED BUILDING. A building constructed so that 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of livable space in residential units and of usable space in nonresidential buildings. An EARTH SHELTERED BUILDING is a complete structure that does not serve just as a foundation or substructure for above-ground construction. A partially completed building shall not be considered earth sheltered.
EASEMENT. A granting of a specific use of land by the underlying fee owner to persons or property other than that of the owner.
EDUCATION INSTITUTION OR FACILITY. A public or private elementary, middle, secondary, post-secondary or vocational school having a course of instruction approved by the State Board of Education.
EFFICIENCY UNIT. A dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.
ESSENTIAL SERVICES. Overhead or underground electrical, 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.
EXTERIOR STORAGE (INCLUDES OPEN STORAGE). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
EXTRACTION AREA. Any non-agricultural artificial excavation of earth exceeding 50 square feet of surface or two feet in depth, excluding basements or other projects for which a building permit has been issued, excavated or made by the removal of the earth, sod, soil, sand, gravel, stone or other natural matter or made by turning or breaking or undermining the surface of the earth for the purpose of removing materials or borrow of fill.
FAMILY. An individual person living alone or any of the following groups, provided that the members of the group live together as a single housekeeping unit and do not exceed the maximum occupancy limits of the city code and/or state building code:
(1) An individual plus one or more persons related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship, including foster children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit;
(2) Two unrelated people and any children related to either of them; or
(3) One or more persons occupying a premises, subject to a limit of not more than three unrelated persons 18 years of age or older.
FARM. A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. The FARM may include agricultural dwellings and accessory buildings and structures necessary for the operation of the FARM.
FEEDLOTS, LIVESTOCK. The place of confined feeding of livestock, poultry or other animals being harbored 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 other related wastes may originate by reason of the feeding of animals.
FENCE. Any partition, structure, wall, retaining wall, or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, FLOOR AREA shall include:
(1) Basement space if at least one-half of the basement story is above established finished grade;
(2) Elevator shafts and stair wells at each floor;
(3) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half 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 seven and one-half feet having at least 20 square feet of habitable area;
(5) Interior balconies and mezzanines;
(6) Enclosed four-season porches, but not terraces, breezeways or screened porches; and
(7) Accessory uses, other than floor space devoted exclusively to accessory off-street parking or loading.
FLOOR PLAN, GENERAL. A graphic representation of the anticipated utilization of the floor areas within a building or structure but not necessarily as detailed as construction plans.
FRONTAGE. That boundary of a lot which abuts an existing or dedicated public street.
FUNERAL HOME. A building or part thereof used for human funeral services. Such building may contain space and facilities for:
(1) Embalming and the performance of other services used in the preparation of the dead for burial;
(2) The performance of autopsies and other surgical procedures;
(3) The storage of caskets, funeral urns and other related funeral supplies; and
(4) The storage of funeral vehicles.
GARAGE, PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store private passenger vehicles, with a total building area not to exceed 1,000 square feet.
GARAGE, PUBLIC. Any premises, except those described as a private garage, used for the storage or care of power-driven vehicles or where any vehicles are equipped for operation, hire or sale.
GRADE. The average of the finished level at the center of the exterior walls of the building. For an earth sheltered building, GRADE means the average of the finished level at the center of the lot. For a building with earth berms but less than 50% earth covered, GRADE means the average of the finished level at the center of the building at the beginning of the earth berm.
GROUP FACILITY. A residence utilized by unrelated people for the purpose of rehabilitation, being state-licensed or registered pursuant to M.S. § 462.357.
HELIPORT. Any area on the ground or on a structure approved by the city and Minnesota Department of Transportation, Aeronautics Division for the landing and takeoff of helicopters.
HOLDING POND. An area designed or accepted by the City Engineer and approved by the city to retain stormwater.
HOME OCCUPATION. Any income producing activity customarily conducted entirely within a dwelling and/or accessory building and carried on by members of a family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character of the building, structure, land, or neighborhood and does not possess any exterior evidence of the secondary or income producing use.
HORTICULTURE. Horticultural uses and structures designed for the storage of products and machinery pertaining and necessary thereto.
HOSPITAL. A building or buildings used for the medical treatment of bed patients or out-patients.
HOTEL or MOTEL. A building containing guest rooms or units, each of which has a separate entrance directly from the corridor, with garage or parking space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accommodation of transient guests traveling by automobile.
IMPLEMENT SALES AND SERVICE. An establishment for the sales and service of agricultural equipment.
IMPERVIOUS SURFACE. A surface covered by a natural or manufactured material providing a hard-surface which prevents normal absorption of water into the land.
INSTITUTIONS. A building or buildings, used for confined care or rehabilitation facilities to include a city jail, county jail, state or federal facility.
JUNK YARD. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other materials, paper, rags, rubber, tires and bottles. A JUNK YARD includes an auto wrecking yard but does not include uses established within enclosed buildings. This definition does not include sanitary landfills.
KENNEL, COMMERCIAL. Any place where animals in numbers exceeding the limits in Chapter 90 of this code are kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.
LANDSCAPING. Any plantings, trees, grass, ground cover, shrubs and non-living durable material commonly used in landscaping such as, rocks, pebbles, sand, retaining walls or fences, but excluding impervious surfaces.
LOADING SPACE. That portion of a lot or plot designed to serve the purpose of loading or unloading of all type vehicles.
LOT. A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, which is intended for occupancy by a land use according to the terms of this chapter.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines excluding the dedicated public right-of-way.
LOT, BUILDABLE. A LOT that, due to adequate dimension and frontage on an improved public street according to this chapter, is capable of accommodating the construction of a principal building consistent with the intent and requirements of the applicable zoning regulations.
LOT, CORNER. A lot located at the intersection of two streets, having two adjacent sides abutting streets and the interior angle of the intersections do not exceed 135 degrees.
LOT COVERAGE. That portion of a lot covered by buildings, driveways, parking areas and any other impervious surfaces.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.
LOT, DOUBLE FRONTAGE. A lot which has a front lot line abutting one street and a back or rear lot line abutting another parallel street.
LOT, INTERIOR. A lot other than a corner lot, with frontage on one public street.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street, or street easement, or alley, the LOT LINE shall be deemed to be the street, or street easement, or alley line.
LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the FRONT LOT LINE shall be designated by the Zoning Administrator.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length or if the lot forms a point at the rear, the REAR LOT LINE shall be (for the purposes of establishing setbacks) 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, extending between the front lot line and the rear lot line.
LOT OF RECORD. Any lot which is one unit of a plat or is designated by metes and bounds, registered land survey, auditors plat or other accepted means, that has been recorded in the office of the County Recorder prior to the effective date of this chapter.
LOT, THROUGH. Any lot other than a corner lot which abuts more than one street. On a through lot, both street lines shall be front lot lines for applying the provisions of this chapter.
LOT WIDTH. The horizontal distance between the side lot lines of the lot, measured parallel to the front line of the lot at the setback line.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 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 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 required by the state.
MANUFACTURED HOME PARK. Any site, lot, field or tract of land designated, maintained or intended for the placement of two or more occupied manufactured homes. It shall include any buildings, structures, vehicle or enclosure intended for use as part of the equipment of the park.
METES AND BOUNDS. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearing and distances of the lines forming the boundaries of the property or which is delineated by a fractional portion of a section, lot or area by describing lines or portions thereof.
MINING. The extraction of sand, gravel, rock, soil or other material from the land in an amount of 1,000 cubic yards or more and the removing thereof from the site. The only exclusion from this definition shall be removal of materials associated with the construction of buildings or other structures provided the removal is an approved item in the zoning and building permit.
MIXED USE DEVELOPMENT. The development of a parcel of land with two or more different uses such as residential, commercial or manufacturing or with residential uses of different densities as permitted by this chapter.
MOTOR VEHICLE PARTS SALES. An establishment where motor vehicle parts are sold within a structure. This does not include motor vehicle reduction yards.
MOTOR VEHICLE REPAIR SHOP. An establishment where repair services for motor vehicles are conducted.
MOTOR VEHICLE SALES. An establishment intended for the display and sales of motor vehicles.
MOTOR VEHICLE SERVICE STATION. A structure or any portion thereof designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles including a car wash.
NONCONFORMING LOT. A lot whose width, area or other dimension does not conform to the zoning district regulations of this chapter and which was a lot of record or lawfully existed at the time these regulations with which it does not conform became effective.
NONCONFORMING STRUCTURE. A building, structure or portion thereof which does not conform to the height, area or yard regulations of this chapter and which lawfully existed at the time these regulations with which it does not conform became effective.
NONCONFORMING USE. Any use of a building or land which does not conform to the zoning district regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.
NURSERY, LANDSCAPE. A business engaged in growing and selling trees, flowering and decorative plants, and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
NURSING OR CONVALESCENT HOME. A building with facilities for the care of children, the aged, infirm or for those suffering bodily disorder and is licensed by the State Department of Health.
OBSTRUCTION. Any dam, well, 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 the water.
OCCUPANCY. The purpose for which a building or part thereof is used or intended to be used.
OPEN SALES AND RENTAL. Any land used or occupied for the purpose of buying, selling, or renting any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
OPEN SPACE. Open areas including parks, nature areas, playgrounds and trails. This does not include holding ponds.
OPEN SPACE RECREATION USE. Uses particularly oriented to and utilizing the outdoor character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks and recreation areas.
OUTDOOR DINING. Use of an adjacent, outdoor area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment.
PARKING LOT. An off-street area surfaced and improved for the temporary storage of motor vehicles.
PARKING SPACE. A surfaced and permanently maintained area either within or outside of a building of sufficient size to store one standard automobile, including the circulation space providing access to such space.
PARKING SPACE - HANDICAP. A parking area reserved for physically handicapped persons as defined in M.S. § 169.345, Subdivision 2, as it may be amended from time to time.
PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof.
PAWN SHOP. A business establishment operated by a pawnbroker.
PEDESTRIAN WAY. A public right-of-way across or within a block intended to be used by pedestrians.
PERMITTED USE. A use which is generally compatible with the basic use classification of a particular zone and is to be allowed within the zone subject to the requirements of this chapter and other ordinances and code provisions of the city.
PLANNED UNIT DEVELOPMENT. An urban development having one or more principal uses or structures on a single lot and developed according to an approved plan.
PLANNING COMMISSION. The Planning Commission of the city except where otherwise designated.
POLE STRUCTURES - POLE BUILDINGS (POST-FRAME BUILDINGS).
(1) Any structure possessing both of the following characteristics:
(a) Structural factory treated wood poles or timbers buried in the ground atop individual footings; and
(b) Metal roof and/or wall coverings.
(2) The definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utility or any other similar structure not covering or enclosing a specific area.
PRINCIPAL STRUCTURE OR USE. One which determines the predominant use as contrasted to the accessory use of a structure.
PROPERTY OWNER. Any person, having a freehold estate interest or leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest or an option to purchase any of same, but not including owner’s interests held for security purposes only.
PROTECTIVE COVENANT. Contracts entered into between private parties and constituting a restriction on the use of private property within a subdivision for the benefit of the property owners.
PUBLIC BUILDING. A structure sheltering or enclosing a government activity or use.
PUBLIC LAND. Land owned or operated by municipal, school district, county, state or other governmental units.
PUBLIC OPEN SPACE. Open space owned by the city, county, state, school district or other special district.
PUBLIC WATER. A body of water as defined in M.S. § 103G.005, Subdivision 15, as it may be amended from time to time.
RECLAMATION POND. The improvement of land by depositing material to elevate the grade. Any parcel upon which 400 cubic yards or more of fill are deposited shall be considered as reclaimed land.
RECREATION, COMMERCIAL. Includes all uses such as bowling alleys, roller and ice skating rinks, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
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 of floor area or sheds utilized for storage of equipment.
RECREATION, PUBLIC. Includes all uses that are commonly provided for the public at parks, playgrounds, community centers and other sites owned and operated by a unit of government for the purpose of providing recreation.
RECREATION VEHICLES. Vehicles as defined in M.S. §§ 169.011 and 168.002, Subdivision 27, Subdivision 2, as they may be amended from time to time, used in connection with recreational activities including, but not limited to, motor homes, fifth wheel trailers, boat trailers and campers.
REGISTERED LAND SURVEY. A survey required pursuant to the provisions of M.S. § 508.47, as it may be amended from time to time.
RESTORATION. A re-establishment of previously existing uses or reconstruction of previously existing building features.
RIGHT-OF-WAY. Public land used or to be used as a street or highway, including alleys and boulevards.
ROAD. A right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered ROADS.
SCHOOL DISTRICT. The Independent School District Number 393.
SCREEN. A visual shield between uses accomplished by the use of berms, landscaping, walls or other aesthetic means.
SETBACK. The minimum distance between a structure or accessory facility and a road, highway or property line.
SHOPPING CENTER. A group of commercial establishments built on a site which is planned and developed as an operating unit. Typically, the sharing of common space and services such as parking, maintenance and advertising exists.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, activity or entertainment not exclusively conducted, sold or offered upon the premises where the sign is located; a billboard.
SIGN, BUSINESS. A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.
SIGN, ILLUMINATED. Any illuminated sign on which the illumination is not kept stationary or constant in intensity and color at all times when the sign is in use.
SIGN, NAMEPLATE. Any sign which states the name or address or both of the business or occupant of the lot where the sign is located.
SIGN, PROJECTING. Any sign other than a wall sign, which projects from and is supported by a wall of a building or structure, and which extends more than 18 inches from the wall of the building.
SIGN, PYLON. A freestanding sign erected upon a single pylon or post which is in excess of ten feet in height with a sign mounted on or near the top thereof.
SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.
SIGN, WALL - FLAT. A sign affixed directly to the exterior wall and confined within the limits, thereof of any building and which projects from that surface less than 18 inches at all points.
SIGNS. Any letter, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed or constructed and displayed in any manner whatsoever out of doors for recognized advertising purposes. However, this shall not include any official court or public notices nor the flag, emblem or insignia of a government, school or religious group when displayed for official purposes.
SIGNS, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside of the limits of the sign and not forming an integral part of the display.
SIGNS, TEMPORARY. Any sign not permanently attached to the ground, wall or building, and intended to be displayed for a short and limited period of time.
SITE AND BUILDING PLAN. A development plan for a lot or lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, flood plain, wetlands, open spaces, means of site egress/ingress, parking, grading, drainage, utilities, landscaping, structures, signs, lighting screening, building elevations and other information which reasonably may be required in order that an informed decision can be made by the city.
SOLAR STRUCTURE. An accessory structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
STABLE, PRIVATE. An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC. A structure in which horses are kept for remuneration, hire or sale therefore; a principal building and/or use.
STORAGE. Goods, material or equipment placed or left in a location on a premises.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except the topmost story shall not be that portion of a building included between the upper surface of the topmost floor and the ceiling or the roof above. If the finished floor directly above a basement or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or under-floor space shall be considered a STORY.
STREET, COLLECTOR. A street which carries traffic from local streets to arterials.
STREET, LOCAL. A street of limited continuity used primarily for access to the abutting properties and the local need of a neighborhood.
STREET, MINOR ARTERIAL. Streets which serve as transitions between principal arterials and local collector streets.
STREET, PUBLIC. A public way for vehicular traffic, whether designed as a street, highway, thoroughfare, arterial parkway, throughway road, avenue, lane, place or however otherwise designated.
STREET, PRIVATE. A travel way or private driveway constructed for vehicular traffic which is privately owned and maintained, located upon and serving private property and land uses.
STREET WIDTH. For the purpose of these regulations, the shortest distance between the lines delineating the right-of-way.
STRUCTURAL ALTERATION. 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, but which does not constitute an expansion.
STRUCTURE. Anything constructed, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground.
STRUCTURE, NONCONFORMING. A structure which legally exists at the time of the adoption of this chapter which does not comply with the regulations of this chapter or any amendments hereto governing the zoning district in which the structure is located.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels, any of which resultant parcels is less than two and one-half 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 of land. The term includes resubdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SURFACED. A road, driveway, approach or parking lot which consists of gravel, crushed rock, limerock, bituminous surface, concrete surface or other similar material.
SWIMMING POOL. An artificial basin filled with 24 or more inches in depth of water intended for use for swimming or other recreational use, constructed either above or below ground of concrete, steel, fiberglass, lined or unlined, for public or private use. This includes in-ground, above-ground, and on-ground pools, hot tubs, portable and non-portable spas, and fixed in place wading pools. For purposes of this chapter, SWIMMING POOLS shall be considered accessory structures and must meet the lot coverage ratios per the zoning district.
TOXIC OR HAZARDOUS WASTES. 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.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
VARIANCE. A modification or variation of the provisions of this chapter where it is determined that by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause practical difficulties in putting the property to what would otherwise be considered a reasonable use.
VETERINARY CLINIC. A building used primarily for the treatment, by a veterinarian, of animals.
WETLAND. Land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh as defined and described by the Wetland Conservation Act.
YARD. An 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.
YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way for the zoning district in which the lot is located to the front line of the building.
YARD, FRONT, REQUIRED. A portion of the FRONT YARD lying within the required front yard setback.
YARD, REAR. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, REAR, REQUIRED. A portion of the REAR YARD lying within the required rear yard setback.
YARD, SIDE. The yard extending along the side lot line between the front yard building setback and rear yard building setback to a depth required by the setback regulations for the zoning district in which the lot is located.
YARD, SIDE, REQUIRED. A portion of the SIDE YARD lying within the required side yard setback.
ZONING ADMINISTRATOR. The duly appointed person charged with enforcing this chapter.
ZONING AMENDMENT. A change authorized by the city, either in the allowed use within a district or modification in the boundaries of the district, or other provisions of this chapter.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing uses are uniform as defined by this chapter.
ZONING MAP. The official map of the city setting forth the boundaries of each zoning district.
(Ord. 422, passed 6-8-1992; Ord. 583, passed 8-26-2019; Ord. 590, passed 4-12-2021)