(A) Rules.
(1) Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word “shall” is mandatory, and the words “should” or “may” are permissive.
(2) In the event of conflicting provisions in the text of this chapter, the more restrictive shall apply.
(B) Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE REVIEW COMMITTEE. A committee composed of the public works director, city engineer, city planner, city building official, police and fire chiefs, zoning administrator, and other appropriate city officials appointed by the City Clerk/Administrator. The chairperson of the committee shall be the Zoning Administrator or his/her designee.
ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
ATTORNEY. The attorney employed by the city unless otherwise stated.
BLOCK. The enclosed area of land within a plat, consisting of one or more lots, which area is normally bounded by streets, or an exterior boundary of the plat, a river, lake, or park or a combination of such boundaries or features.
BOULEVARD. The portion of the street right-of-way between the curb line and the property line.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING SETBACK. The minimum horizontal distance from the street right-of-way, as prescribed in the Zoning Ordinance.
CALIPER INCHES. See Stem Caliper and Stem Diameter.
CERTIFICATE OF SURVEY. A document prepared by a Registered Land Surveyor which precisely describes area, dimensions and location of a parcel or parcels of land.
COMMON INTEREST COMMUNITY. A contiguous or noncontiguous real estate within Minnesota that is subject to an instrument which obligates persons owning a separately described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for (a) real estate taxes levied against; (b) insurance premiums payable with respect to; (c) maintenance of; or (d) construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies (M.S. § 515B.1-103).
COMMUNITY. The City of Lonsdale.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both public and private, of the municipality and its environs, as defined in M.S. § 462.352, subd. 5, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.
CONCEPT PLAN. A sketch drawing or map which depicts a proposed subdivision indicating lot layouts, streets, use, relationship to surrounding area, generalized natural features, easements, and any requested zoning change and other information required by this chapter for review by the city.
CONVEYANCE. The sale, trading, donation or offer of sale or other transfer of land.
COPY. A print or reproduction made from a tracing.
COUNTY. Rice County, Minnesota.
COUNTY RECORDER. The County Recorder, who is also the Registrar of Titles, when referring to the abstract or the Torrens systems in Rice County.
CRITICAL ROOT ZONE OF A TREE. The area of a circle around a significant tree with a radius that is equal to one and a half feet for every inch in stem diameter.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DESIGN STANDARDS. The specifications to landowners or subdividers for the preparation of preliminary and final plats indicating, among other things, the optimum, minimum or maximum dimensions of such items as right-of-ways, blocks, easements, and lots.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision of the state having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. This shall be synonymous with subdivider.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining excavation, landfill or land disturbance, and any use or extension of the use of land.
DRAINAGE COURSE. A watercourse or surface area for the drainage or conveyance of water, including channel, creek, ditch, drain, river, and stream.
EASEMENT. A grant by a property owner for the use of land for the purpose of constructing and maintaining access, drainage or utilities, including but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewers or storm drainage ways, gas lines, cable television lines, conservation, and pedestrian trails.
ENGINEER. The person or persons, individual or corporate, designated from time to time by the City Council as the City Engineer.
ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
GOVERNING BODY. The City Council.
KEY MAP. A map drawn to comparatively small scale, which definitely shows the area, proposed to be platted and the areas surrounding it to a given distance.
LOT. A separate parcel, tract or area of land undivided by any public street or private street or public road, which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which, is occupied by or intended to be developed for and occupied by a principal building, or group of buildings, and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open spaces, and yards as are designed and arranged or required by this chapter for the building, use or development.
LOT, AREA. The area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the public rights-of-way.
LOT, BUTT. A lot at the end of a block and located between two corner lots.
LOT, CORNER. A lot abutting upon two or more streets at their intersection, or upon two parts of the same street, the streets or parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. That portion or percentage of a lot, which may be covered by impervious surfaces.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot lines. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
LOT DOUBLE FRONTAGE. A lot, which has a front line abutting on one street and a back or rear line abutting on another street.
LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the right-of-way or proposed public right-of-way, the line of the right-of-way shall be the lot line.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way. In case of a corner lot it shall be the boundary with the shortest dimension on the street. In the case of lots with more than two street frontages, the front line shall be the lot line having the legal street address.
LOT LINE, REAR. The lot line which is parallel to and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 20 feet in length, entirely within lots, parallel to and at the maximum possible distance from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is called an interior side lot line.
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.
METES AND BOUNDS DESCRIPTION. 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 delineates a fractional portion of a section, lot or area by describing lines or portions thereof.
OFFICIAL MAP. The map established by the City Council in accordance with state statutes showing streets, highways, and parks and drainage, both existing and proposed.
OUTLOT. An unbuildable parcel of land delineated upon and thereafter described by reference to a plat, registered land survey or auditor's subdivision, or other similar recorded dedicatory document, unless resubdivided as new lots in a new subdivision.
PARKS, PLAYGROUNDS, AND PUBLIC OPEN SPACE. The public land and open spaces in the city dedicated and owned by the city to be reserved for recreation or conservation purposes.
PEDESTRIAN WAY. A public right-of-way across or within a block intended to provide access to be used by pedestrians and others, which may be used for the installation of utility lines. PEDESTRIAN WAYS include sidewalks and trails for bicycle and pedestrian traffic.
PLANNING COMMISSION OR COMMISSION. The Planning and Zoning Commission of the city appointed by the City Council.
PLANNED UNIT DEVELOPMENT. A tract of land planned and developed to encourage a more creative and efficient development of land, while at the same time meeting the standards and purposes of the Comprehensive Plan for preserving the health, safety and welfare of the city, to allow for a mixture of residential units or residential and commercial units in an integrated and well-planned area and to ensure the concentration of open space into more usable areas and preservation of natural resources of the site including wetlands, steep slopes, vegetation, and scenic areas.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Ch. 505, as it may be amended from time to time, and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and M.S. Ch. 505, as they may be amended from time to time.
PLAT, FINAL. The final map, drawing or chart on which the subdivider's plan of subdivision is presented for approval and which, if approved and properly executed, will be submitted to the county recorder. Such plat must conform to all state, county and city laws.
PLAT, PRELIMINARY. The preliminary map, drawing or plan indicating the proposed lay out of the subdivision to be submitted to the Planning Commission and City Council for their consideration, including required data.
PROTECTIVE COVENANTS. 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, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values. Because these covenants are between private parties, the city undertakes no liability or responsibility for their enforcement.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area, street lights, lot improvement or other facility for which the city may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement, for which local government responsibility is or may be established.
REPLACEMENT TREE. A tree planted as part of the tree replacement plan, which must be at least three caliper inches measured 12 inches from the ground and which otherwise meets the requirements of this section, except bur oak, swamp white oak, pagoda dogwood, ironwood, and similar trees accepted by the city which may be one a quarter caliper inches. A coniferous tree seven feet high will meet the three minimum caliper inches required.
RIGHT-OF-WAY. The publicly owned land along a street or highway corridor, a portion of which is intended to be occupied or which is occupied by the street or highway pavement, alley, trail, utility lines, oil or gas pipeline, railroad lines, storm sewer, or other similar use.
STEEP SLOPE. An 18% or greater deviation of a surface from the horizontal.
STEM CALIPER. The diameter of a tree measured at six inches above the ground for stems less than or equal to four inches and at 12 inches for stems greater than four inches in diameter.
STEM DIAMETER (caliper inches, trunk diameter). The diameter of a tree measured usually at four and a half feet above the ground. For trees that branch at or below four and a half feet above the ground but above one foot, stem diameter is measured at the smallest point below four and a half feet. Trees that branch below one foot will be considered to have multiple stems and the diameter of the tree will equal the sum of the diameters of each stem.
STREET. A public-right-of-way accepted or a private right-of-way approved pursuant to the requirements of the city, by public authority, which provides a legal primary means of public access to abutting property. The term STREET shall include a highway, thoroughfare, arterial, parkway, collector, avenue, drive, circle, road, boulevard, or any other similar term describing an entity complying with the preceding requirements.
STREET, ARTERIAL. A street or highway with access restrictions designed to carry large volumes of traffic between various sections of the city and beyond.
STREET, COLLECTOR. A street, which carries traffic from local streets to the major system of arterials, and highways. Collector streets primarily provide principal access to residential neighborhoods, including to a lesser degree, direct land access.
STREET, LOCAL. A street, which is used primarily for access to abutting properties and for local traffic.
STREET, PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.
STREET, PRIVATE. A street serving as vehicular access to two or more parcels of land which is not dedicated to the public but is owned by one or more private parties.
STREET, WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.
SUBDIVIDER. Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for him or herself or for another.
SUBDIVISION. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential commercial, industrial, or other use or any combination thereof, except those separations:
(a) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;
(b) A cemetery or burial plot while used for that purpose;
(c) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.
SUBDIVISION, MAJOR. A subdivision involving the creation of four or more parcels, tracts or lots.
SUBDIVISION, MINOR. A subdivision involving the creation of not more than three parcels, tracts, or lots, and dedication of public utility and street easements is not involved.
SURVEYOR. A person duly registered as a land surveyor by the state.
TRACING. A plat or map drawn on transparent paper or cloth, which can be reproduced by using regular reproduction procedure.
TREE REMOVAL. Any excavating, grading, clearing, filling or other earth change or any cutting, which may result in removal or killing of more than ten percent of the significant tree caliper tree caliper inches on any land within any period of five years.
TREE, SIGNIFICANT. Any deciduous or coniferous tree measuring six caliper inches in diameter or which is not dead or actively infested with oak wilt or Dutch elm disease. Bur oak, swamp white oak, pagoda dogwood, ironwood, and similar trees accepted by the city may be considered as significant trees when they are of four caliper inches in diameter of greater.
TREE TRUNK. The stem portion of a tree from the ground to the first branch thereof.
VARIANCE. A relaxation of the terms of this chapter where such deviation will not be contrary to the spirit and intent of the Comprehensive Plan and this chapter, the public interest and where due to physical conditions unique to the individual property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.
WETLAND. The city adopts the definition of “Wetlands” as contained in M.S. § 103G.005, subd. 19. Designations of the Rice County Environmental Services Office of Wetlands shall be presumed as accurate when determining the location of wetlands.
ZONING ADMINISTRATOR. The person appointed by the city council whose duties include the administration and enforcement of this chapter.
ZONING ORDINANCE. The City Zoning Ordinance controlling the use of land, as adopted by the City Council.
(Ord. 78A, passed 8-22-2005; Am. Ord. 2006-193, passed 4-27-2006)