Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words
MUST and SHALL are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.
ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonable be located at or greater than normal structure setbacks.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff):
(a) Part of all of the feature is located in a shoreland area;
(b) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(c) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
(d) The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOATHOUSE. An accessory structure designed and used solely for the storage of boats and boating equipment.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
CLEAR CUTTING. The removal of an entire stand of trees.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the official Zoning Chapter exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above the ground.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. Any structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals and peat not regulated under M.S. §§ 9.44 to 9.51, as it may be amended from time to time.
FOREST LAND CONVERSION. The clear cutting of forested land to prepare for a new land use other than reestablishment of a subsequent forest stand.
HARDSHIP. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a HARDSHIP if a reasonable use for the property exists under terms of the official controls.
HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitch or hipped roof.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
LOT. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used developed or built upon as a unit.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
NONCONFORMING USE. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.
OPEN SPACE. Undeveloped land of the subdivided property providing visual expanses and recreational areas clear of obstructions other than natural vegetation, or structures directly related to the use and enjoyment of these spaces. OPEN SPACES may include natural habitats, places for neighborhood recreation and pedestrian corridors.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increase, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, Subd. 15, as it may be amended from time to time.
RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENT. To qualify as a residential PLANNED UNIT DEVELOPMENT, a development must contain at least five dwelling units or sites.
RESORT PLANNED UNIT DEVELOPMENT. Typically uses that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are resort planned unit developments.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, road, highway, property line or other facility.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in § 1102.11 of this chapter.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within 1,000 feet from the ordinary high water level of the lakes and land located within 300 feet from the streams classified in § 1102.05 or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
STEEP SLOPE. Land where development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics as mapped and described in available county. Soil surveys or other reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more that are not bluffs.
STRUCTURE. Any building or appurtenance, including decks, mobile homes, docks and boat launches, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.
SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of that use.
WATER-ORIENTED ACCESSORY, STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonable needs to be located closer to public waters than the normal structure setback. Examples of those structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached decks.
(Ord. 04-95, passed 4-10-1995)