(A) All distances unless otherwise specified shall be measured horizontally.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USES. A use subordinate to and serving the principal use on the same lot and customarily incidental thereto, such as vegetative cutting and grading and filling.
AGRICULTURAL USE. The use of land for the protection of food or fiber, their storage on the area, and/or the raising thereon of domestic pets and domestic farm animals.
BLUFF.
(a) A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least 25 feet above the ordinary high water level of the water body;
3. 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
4. The slope must drain toward the water body.
(b) An area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the
BLUFF.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of the bluff.
BLUFF LINE. A line along the top of a slope connecting the points at which the slope becomes less than 13%. This applies to those slopes within the land use district which are beyond the setback provision from the normal high water mark.
BOATHOUSE. A structure used solely for the storage of boats or boating equipment.
BUILDING LINE. The line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.
CAMPGROUND. An area accessible by vehicle and containing campsites or camping spurs for tents and trailer camping.
CLEAR-CUTTING. The removal of an entire stand of vegetation.
COMMISSIONER. The Commissioner of National Resources.
CONDITIONAL USE. A use of land which is permitted only when allowed by the city after a public hearing, if certain conditions are met which eliminate or minimize the incompatibility with other permitted uses of the district.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.
FARMING OPERATIONS. The use of residential land of ten acres or more for the protection of food or fiber, their storage on the area, and/or the raising thereon of domestic pets and domestic farm animals.
FORESTRY. The use and management, including logging, of a forest, woodland, or plantation and related research and educational activities, including the construction, alteration, or maintenance of wood roads, skid ways, landings, and fences.
LAND USE DISTRICT. The lands designated by the Commissioner as the protected land corridor along those rivers or river segments which the Commissioner has designated as components of the state’s wild and scenic rivers system.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot, or other accepted means, and separated from other parcels or portions by that description for the purpose of the sale, lease, or separation thereof. For the purposes of these regulations, a LOT shall be occupied by no more than one principal structure equipped with sanitary facilities.
MINING OPERATION. The removal of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material from the land for commercial, industrial, or governmental purposes.
NONCONFORMING USE. Any use of land established before the effective date of this chapter which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.
OPEN SPACE RECREATIONAL USE. Recreational use particularly oriented to and utilizing the outdoor character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreation areas.
ORDINARY HIGH WATER LEVEL. An elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER LEVEL is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ORDINARY HIGH WATER LEVEL is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters, and sloughs.
PLANNED UNIT DEVELOPMENT. A pattern of subdivision development which may incorporate a variety of land uses planned and developed as a unit using altered zoning standards, while providing a commonly owned or dedicated open space.
PRIMITIVE CAMPSITES. An area that consists of individual remote campsites accessible only by foot or water.
PUBLIC WATERS. Any waters as defined in M.S. § 1036.005(15) and (18), as may be amended from time to time.
RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of residency is nontransient and 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 DEVELOPMENTS.
SCENIC EASEMENT. An interest in land, less than the fee title, which limits the use of the land for the purpose of protecting the scenic, recreational, or natural characteristics of wild, scenic, or recreational river areas.
SELECTIVE CUTTING. The removal of single scattered trees.
SETBACK. The minimum horizontal distance between a structure and the ordinary high water level, bluff line, road, or highway.
SEWAGE TREATMENT SYSTEM. Any system for the collection, treatment, and dispersion of sewage, including but not limited to septic tanks, soil absorption systems, drain fields, or cluster type SEWAGE TREATMENT SYSTEM as described and regulated in Minn. Rules, Chapter 7080, as may be amended from time to time.
SHALL. The act referred to is mandatory, not permissive.
SHORE IMPACT ZONE. Land located between the ordinary high water level of public water and a line parallel to it at a setback of 50% of the structure setback.
SINGLE FAMILY DWELLING. A detached building containing one dwelling unit.
STRUCTURE. Any building, sign, or appurtenance thereto, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles, and other supporting appurtenances, and fences used to control livestock or delineate boundaries.
SUBDIVISION. Improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three or more lots or parcels of less than five acres each, contiguous in area, and which are under common ownership or control.
SUBSTANDARD USE. Any use within the land use district existing prior to the date of enactment of this code which is permitted within the applicable land use district but does not meet the minimum lot area, length of water frontage, structure setbacks, or other dimensional standards of this chapter.
TOE OF THE BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.
TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.
UNDUE HARDSHIP. As used in connection with the granting of a variance means 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 an undue hardship if reasonable use for the property exists under the terms of the ordinance. UNDUE HARDSHIP also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction.
VARIANCE. Any modification or variation of official controls where it is determined that by reason of exceptional circumstances the strict enforcement of the official controls would cause unusual hardship.
WETLAND. Land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh.
(Ord. 324, passed 11-16-00; Am. Ord. 483, passed 6-16-21)