For the purpose of this ordinance, certain terms and words are defined as follows:
1. “Abandon” - the cessation of a specific use of a property for a period of 12 or more months.
2. “Abut” - to make direct contact with or immediately border.
3. “Access aisle or aisle” - the traveled way by which vehicles enter and depart parking spaces.
4. "Accessory dwelling unit" - a secondary dwelling unit located on the same property as a principal dwelling unit, which includes provisions for living independent of the principal dwelling, such as areas for sleeping, cooking, and sanitation, as determined by the city planner. This definition includes seecondary dwelling units attached to or detached from the principal dwelling unit.
5. “Alteration, structural” - any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or rooflines, or any enlargement of a building or structure whether horizontal or vertical.
6. “Alteration, use” - any change to the use or occupancy of a building or parcel from one type of land use to another. Changes in use or occupancy include office to retail, warehouse to assembly, retail to restaurant or similar changes which result in a different intensity of use.
7. “Apartment” - a dwelling unit, generally rented, located within a larger bulding.
8. “Basement” - an area of a building, having its floor or base below ground level on all four sides, regardless of the depth of excavation below ground level.
9. “Basement floor elevation (minimum)” - the lowest floor of a building.
10. “Berm” - a landscaped mound of earth used for aesthetic or buffer purposes. (Figure 1)
Figure 1
11. “Bluff ”- a steep slope as defined in this ordinance.
12. “Bluff impact zone” - land within a bluff and land within 20 feet from the top of a bluff.
13. “Boarding or lodging house” - a dwelling unit or part of a dwelling unit in which meals, sleeping accommodations, or meals and sleeping accommodations are provided for compensation to no more than five persons who do not function as a single housekeeping unit.
14. “Buffer” - the use of land, topography, open space or landscaping to separate a use of property from another adjacent or nearby use.
15. “Buildable area” - a contiguous portion of a lot that is suitable for the location of the primary structure and that excludes all existing and proposed easements, setback areas for principal structures, wetlands, floodplains, the neck portion of any neck or flag lot, steep slopes that are unbuildable under this ordinance, and other unbuildable areas. Certain easements may be included in the buildable area at the discretion of the city if their inclusion is consistent with the intent of this code. (Figure 2)
Figure 2
16. “Building” - any structure having a roof supported by columns, walls or other means of support for the shelter or enclosure of persons or property.
17. “Building height” - the vertical distance between the ground elevation abutting a building and the midpoint elevation of the highest gable of a pitched or hipped roof, the deck line of a mansard roof, or the highest point of a flat roof or a parapet wall. The ground elevation used to measure building height will be selected from one of the following, whichever results in the greater height:
a) When the change in grade within the footprint of the building is equal to or less than 10 feet, the highest ground elevation abutting the building will be used.
b) When the change in grade within the footprint of the building is greater than 10 feet, an elevation 10 feet higher than the lowest ground elevation abutting the building will be used.
Figure 3
18. “City” - the city of Minnetonka, a municipal corporation, along with its duly authorized boards, commissions or representatives.
19. "City Planner" - for purposes of this ordinance, the person holding said position or a designated representative.
20. “Common area, residential” - land, structures, or both, that are owned and maintained by a homeowners' association or similar organization and used for the mutual benefit of residents or tenants of the association or organization.
21. “Common space, commercial” - enclosed areas located within a commercial structure that are utilized for the mutual benefit of building tenants.
22. “Community based residential care facility” - any facility similar to but not included within the definition of licensed residential care facility. These may include public or private facilities which provide one or more persons with up to 24 hour care, training, education, rehabilitation, treatment or other support services.
23. “Comprehensive plan” - the comprehensive municipal plan, as defined in Minnesota Statutes section 462.352, in effect at the time of the final action on an application, except as otherwise required by Minnesota Statutes section 462.357.
25. “Conservation easement” - a recordable document that prohibits construction, grading, vegetation removal, or other alteration of property except in accordance with city-approved environmental management practices, but which does not grant the public the right to use the property.
26. “Crawl space” - an enclosure designed to internally flood, which is completely above grade on at least one side and usable solely for building access or storage.
27. “Cul-de-sac” - a street with a single means of ingress and egress and having a turnaround at its end for safe and convenient reversal of traffic.
28. "Cul-de-sac bulb" - a turnaround at the end of a cul-de-sac.
29. “Deck” - an unenclosed platform structure composed of boards made of synthetic or natural materials. A deck is considered attached if any part of it is within ten feet of the principal structure; a deck is considered detached if no part of it is within ten feet of the principal structure. A detached deck is considered an accessory structure in the wetland, floodplain, and shoreland districts.
30. "Density" - the number of dwelling units per acre of land, excluding existing or proposed rights-of-way intended to be used for location of streets and areas zoned as wetland, floodplain, or below the ordinary high water level of a public water, as regulated by the comprehensive plan.
31. "Distribution line" - an overhead or underground facility consisting of utility poles, lines, underground conduit, and related devices used to carry electricity from a substation to the ultimate user, with a nominal voltage equal to or less than 35 kilovolts, or to carry communications.
32. "Dock" - a platform that provides access to a water resource.
33. "Dwelling" - a building or portion thereof designed or used exclusively for residential occupancy.
34. "Dwelling, multi-household" - a building designed with three or more dwellings intended for occupancy by three or more households. Examples include apartments, condominium buildings, cooperatives, and townhomes.
35. "Dwelling, single-household attached" - a building designed or intended for occupancy by one household, which is attached by a common wall to another building designed or intended for occupancy by one household. Examples include duplexes and twinhomes.
36. "Dwelling, single-household detached" - a building designed or intended for occupancy by one household, which is physically unconnected from any other dwelling.
37. "Educational institution or facility" - a public or private school that has a course of instruction meeting the compulsory education requirements of the Minnesota board of education.
38. "Excavation" - the removal, relocation or recovery by any means of soil, rock, minerals, debris or organic substances other than vegetation from a parcel of land.
39. "Expansion" - any increase in dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operation to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of a non-conforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. Expansion is synonymous with "enlargement" and "intensification."
40. "FEMA" - the United States federal emergency management agency or its successor.
41. "Filling" - sand, gravel, earth or other materials of any composition placed on a parcel of land.
42. "Flood" - a temporary increase in the flow or stage of a stream or in the stage of a wetland, pond, watercourse, or lake that results in the inundation of normally dry areas.
43. "Flood elevation" - the water level achieved by a 100-year flood as defined by the city water resources management plan, the federal emergency management agency, or other studies accepted by the city, whichever is more restrictive. A 100-year flood is synonymous with the terms one-percent chance flood, base flood, and regional flood.
44. "Flood obstruction" - a dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation (except for creation of compensatory flood storage), channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
45. "Flood proofing" - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
46. "Flood way" - the bed of a wetland, pond, or lake, or the channel of a watercourse, and those portions of the adjoining floodplain that are reasonably required to carry, store or discharge the 100-year flood event.
47. "Floodplain" - the area adjoining a wetland, pond, lake or water course including the floodway, subject to periodic inundation by a 100-year flood as designated on the official city floodplain district map.
48. "Floor area" - for single-family and two-family dwellings, the sum of the following as measured from exterior walls: the fully exposed gross horizontal area of a building, including attached garage space and enclosed porch areas, and one-half the gross horizontal area of any partially exposed level such as a walkout or lookout level. For multiple family dwellings and non-residential buildings, the sum of the following as measured from exterior walls: the fully exposed gross horizontal area of a building and one-half of the gross horizontal area of any partially exposed level such as a walkout or lookout level, excluding interior parking spaces and vehicular circulation areas. For all buildings, if a floor has a height in excess of 15 feet an additional floor will be assumed for every full 15 feet of interior building height. (Figure 5)
Figure 5
49. "Floor area ratio (FAR)" - the floor area of a building as defined by this ordinance, divided by area of the lot on which the building is located. Area zoned as wetland, floodplain, or below the ordinary high water level of a public water is excluded from the lot area for purposes of the floor area ratio calculation unless it can be demonstrated that there will be minimal hydrologic, aesthetic and ecological impacts to the relevant area as determined by the city. (Figure 6)
Figure 6
50. "Garage" - a detached or attached accessory structure designed or used for the parking and storage of vehicles owned and operated by residents of a principal structure on the same lot.
51. "Grade" - the elevation of the ground.
52. "Grading" - excavating, filling or other land-disturbing activity.
53. "Habitat" - the place(s) where an organism lives, including the resources and conditions required for its survival.
54. "Heliport" - any area on the ground or on a structure approved by the city for the landing and takeoff of helicopters.
55. "Home occupation" - an occupation that is clearly secondary to the principal residential use and does not change the nature of the principal residential use.
56. "Housekeeping unit" - all persons residing within a dwelling unit whose relationship includes a substantial amount of social interaction, including the sharing of housekeeping responsibilities or expenses and the taking of meals together.
57. "Impervious surface" - a material providing a hardsurface that prevents normal infiltration of water into the ground.
58. "Intensity of development" - a measure of the magnitude and impact of a land use on the environment and neighboring land uses. Variables include, but are not limited to, the levels of traffic that are generated, degree of lot coverage, volume of noise or odor emitted and similar factors.
59. "Intensive vegetative clearing" - the complete removal of trees and shrubs, or grasses and forbs, in a contiguous patch, strip, row, or block except the removal of invasive species as approved by the city.
60. "Landscape plan" - a plan that details the location, size and species of existing and proposed plantings on a property or development site. The plan may include other features such as fences, retaining walls, or berms.
61. "Level of service" - the level at which an intersection operates based upon criteria established by the institute of traffic engineers, as amended periodically.
62. "Licensed day care facility" - any facility required to be licensed by a governmental agency, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Licensed day care facilities include, but are not limited to, family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, developmental achievement centers, day treatment programs, adult day care centers and day services.
63. "Licensed residential care facility" - any facility required to be licensed by a governmental agency, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to, state institutions under the control of the commissioner of human services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults or schools for handicapped children.
64. "Loading space" - that portion of a property designed to serve the purpose of loading or unloading all types of vehicles.
65. "Lot" - a measured parcel of contiguous land having fixed boundaries and recorded with the appropriate government authority or office. (Figure 7)
Figure 7
66. "Lot area" - the total area bounded by lot lines excluding dedicated public road rights-of-way and any area located below the ordinary high water level of a lake or creek. (Figure 8)
67. "Lot-behind-a-lot"
a) a lot with substandard or no frontage on a public road right-of-way, where access to public road right-of-way is over the substandard lot frontage or by a private easement, commonly called a "flag" or "neck" lot (Figure 9), or
b) a lot with standard frontage on a public street, where the only buildable area is directly behind an existing or potential house pad that fronts on a public street.
68. "Lot, corner" - a lot abutting, and located at the intersection of, two or more public road rights-of-way. (Figure 9)
69. "Lot coverage" - - that portion of a lot, excluding any area located below the ordinary high water level of a lake or creek, that is covered by buildings, driveways, parking areas and any other impervious surface. (Figure 8)
Figure 8
Figure 9
70. "Lot depth" - the average horizontal distance between the front and rear lot lines. (Figure 8)
71. "Lot, double frontage" - a lot abutting two, non-intersecting public road rights-of-way. (Figure 9)
72. "Lot, riparian" - a lot abutting a public water, excluding wetlands.
73. "Lot line" - a line that defines the legal boundary of a lot. (Figure 9)
74. "Lot line, front" - a lot line abutting a public road right-of-way. In the case of a lot-behind-lot, the front lot line will be determined by the city planner based upon characteristics of the lot and the surrounding neighborhood. (Figure 9)
75. "Lot line, rear" - the lot line opposite and most distant from the front lot line. In the case of corner lots and uniquely configured lots, the rear lot line will be determined by the city planner or their designee at the time of preliminary plat, issuance of a building permit, or other resident request. Such determination will be based upon characteristics of the existing development pattern and surrounding neighborhood. (Figure 9)
76. "Lot line, side" - any lot line other than a front or rear lot line. (Figure 9)
77. "Lot of record" - a lot whose legal description was established in the Hennepin county property records by plat, subdivision or as otherwise permitted by law prior to February 12, 1966, and which contains identical lot lines as were present on February 12, 1966.
78. "Lot width at right-of-way" - the horizontal distance between side lot lines as measured along the public road right-of-way. This distance is measured along the right-of-way regardless of the shape of the right-of-way. See Figure 10.
Figure 10
79. "Lot width at setback" - the horizontal distance between side lot lines as measured along the minimum required front yard setback established by this ordinance and generally perpendicular to the front property line, as determined by the city planner or their designee.
In the case of lots with frontage located only on a cul-de-sac buldb, lot width at setback is established as follows: Find the center of the right-of-way and the midpoint of the front property line. Extend a straight line through the right-of-way center, the midpoint of the front property line, and the required front yard setback as outlined by the zoning ordinance. The width measurement is taken between side property lines, at the required setback, perpendicular to this straight line. See example illustrated by Figure 10.
80. "Lowest floor" - the lowest floor of the lowest enclosed area of a building, including a basement. An unfinished or flood resistant enclosure used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.
81. "Manufactured or mobile home" - a structure, transportable in one or more sections, that is built on a permanent chassis, is designed for use with or without a permanent foundation, and may be used as a dwelling unit when attached to the required utilities. The term does not include a recreational vehicle.
82. "Marina" - a facility for storing, servicing, fueling, berthing and securing of pleasure boats and which may include eating, sleeping and retail facilities for owners, crews, and guests.
83. "Master development plan" - description or illustration of development usually comprised of a series of plans that generally show: location of trees and water resources, streets, utilities, stormwater improvements, buildings, and parking areas; proposed site grading, tree removal, and landscaping; and building elevations and signs.
84. Medical clinic" - a freestanding structure or, in the case of multiple tenant buildings, a total occupied space of 2,000 square feet or greater used for patient examination and treatment by physicians, dentists, optometrists, psychologists or other health care professionals and where patients are not lodged overnight.
85. "Microbrewery" - a facility that manufactures and distributes malt liquor or wine in total quantity not to exceed 250,000 barrels per year, which may include space dedicated as a taproom to distribute on-sale and off-sale alcohol.
86. "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 ordinance.
87. "Native cultivar" - a variation of a native plant, deliverately selected, cross-bred or hybridized for desirable traits.
88. "Native plant" - a plant that was found naturally in an area prior to human introduction, usually defined as pre-European settlement.
89. "Non-PUD development" - a development that is not a PUD and which complies with all applicable subdivision and zoning regulations.
90. "Occupancy" - the purpose for which a building or part thereof is used or intended to be used.
91. "Ordinary high water level or OHWL" - the boundary of public waters at an elevation delineating the highest water level as defined by the department of natural resources which has been maintained for a sufficient period of time to leave evidence upon the landscape; commonly that point where the vegetation changes from predominantly aquatic to predominately terrestrial. For tributary creeks, the ordinary high water level is the elevation of the top of the bank of the channel as approved by the city's engineer.
92. "Original zoning classification" - the zoning classification a property had immediately prior to being rezoned.
93. "Outdoor entertainment" - any type of entertainment or recreation activity that does not occur within an enclosed building.
94. "Parking deck or ramp" - a structure built for the temporary storage of motor vehicles.
95. "Parking lot" - an off-street, ground level area, without a roof, surfaced and improved for the temporary storage of motor vehicles.
96. "Parking space" - an area within a parking deck, ramp or lot intended for the storage of an individual motor vehicle and that complies with the standards outlined in section 300.28 of this ordinance. This term is identical to the term parking stall.
97. "Patio" - a horizontal structure without a roof, composed of any material other than boards, such as concrete, flagstones, bricks or pavers. A patio is considered attached if any part of it is within ten feet of the principal structure; a patio is considered detached if no part of it is within ten feet of the principal structure. A detached patio is considered an accessory structure in the wetlands, floodplain, and shoreland districts.
98. "Performance standards" - specified criteria and limitations provided in section 300.28 which are intended to protect the public health, safety or welfare.
99. "Person(s)" - an individual, firm, partnership, corporation, company, association, society, joint stock association or body politic including any trustee, receiver, assignee or other representative thereof.
100. "peak hour trips" - the total number of inbound and outbound motor vehicle trips generated during a continuous 60 minute period of the highest volume of traffic. The a.m. peak hours are between 7:00 and 9:00 a.m. The p.m. peak hours are between the hours of 4:00 and 6:00 p.m.
101. "Planned unit development (PUD)" - a zoning classification and development type in which the city grants flexibility from certain subdivision and zoning regulations to achieve a public benefit that would not otherwise be achieved through a non-PUD development.
102. "Pollinator" - an animal that transfers pollen between flowering plants, including but not limited to hummingbirds, butterflies and moths, bees, and other insects.
103. "Porch" - a structure that is designed for residential occupancy that includes a floor and roof, and may include walls, but is not designed for winter use. A porch may be attached to, or detached from, a principal structure. A detached porch (for example, a gazebo) is classified as an accessory structure. A porch is considered attached if any part of it is within ten feet of the principal structure; a porch is considered detached if no part of it is within ten feet of the principal structure.
104. "Premises" - a lot together with all buildings and structures located on it.
105. "Public building" - a building owned and occupied by a municipal, school district, regional, state or other governmental unit.
106. "Public water" - any water defined in Minnesota statutes, section 103G.005, or as amended. These waters include lakes, wetlands, and watercourses.
107. "Recreational vehicle" - a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towed by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
108. "Restaurant" - an establishment in which food and drink is offered or prepared and served for public consumption. Restaurants may include incidental take-out service.
109. "Restaurant, fast food" - a restaurant whose business is the sale of rapidly prepared or pre-prepared food or drink directly to customers without table service and which may include drive-up order and delivery systems. This definition does not include establishments within community or neighborhood shopping centers that do not have a customer dining area and offer food only as take-out or by delivery.
110. "Restoration" - a reestablishment of previously existing conditions or uses or reconstruction of previously existing building features.
111. "Retaining wall" - a wall that separates and retains two areas of earth that have different elevations.
112. "Right-of-way" - An area of land dedicated on a plat or by legal document or by operation of law that is intended to be used for location of streets, pedestrian ways, railroads, or utility purposes.
(Figure 11)
Figure 11
113. "Riparian" - of, on, or relating to the banks of a natural water body excluding wetlands.
114. "Roof" - the exterior surface forming the upper covering of a building.
115. "Setback" - the minimum horizontal distance that must be maintained between a property line, delineated wetland edge, floodplain elevation, ordinary high water level, or top of bluff and a building or structure. A setback is measured perpendicularly from the lot line, delineated wetland edge, floodplain elevation, ordinary high water level, or top of bluff to the closest point of the building or structure, excluding building or structure eaves.
116. "Setback line" - a line located at the required setback from a property line, delineated wetland edge, floodplain elevation, ordinary high water level, or top of bluff.
117. "Shopping center" - a group of retail and other commercial establishments that is planned, developed, owned, or managed as a single property.
118. "Shore impact zone" - land located between the ordinary high water level of a public water including a tributary creek, and a line parallel to it at a setback of 25 feet for general development lakes and tributary creeks, and 37.5 feet for recreational development lakes.
119. "Shorelands" - land located within the shoreland district as defined in section 300.25.
120. "Sign" - any writing, pictorial presentation, number, illustration or decoration, flag, banner or other device that is used to announce, direct attention to, identify, advertise, or otherwise make anything known. The term "sign" does not include the terms "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information.
121. "Sign, advertising" - a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
122. "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 such a sign is located.
123. "Sign, flashing" - any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.
124. "Sign, illuminated" - any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign.
125. "Sign, name plate" - any sign which states the name or address of the business or occupant of the lot where the sign is placed.
126. "Sign, projecting" - a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
127. "Sign, pylon" - a free standing sign erected upon a single pylon or post which is in excess of 10 feet in height with a sign mounted on top thereof.
128. "Sign, rotating" - a sign which revolves or rotates on its axis by mechanical means.
129. "Sign, 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 the limits of such sign and not forming an integral part of the display.
130. "Sign, wall - flat" - a sign affixed directly to an exterior wall and confined within the limits thereof of any building and which projects from that surface less than 18 inches at all points.
131. "Site and building plans" - plans that specifically illustrate: location of trees and water resources, streets, utilities, stormwater improvements, buildings, and parking areas; proposed site grading, tree removal, and landscaping; building elevations and signs; and other information as may be reasonably required by the city.
132. "Slope" - the inclination of the natural surface of the land from the horizontal, commonly described as a percentage derived from the height divided by the length.
133. "Slope, toe of" - the lowest topographic contour of a 50-foot segment with an average slope of at least 20 percent.
134. "Slope, top of" - the highest topographic contour of a 50-foot segment with an average slope of at least 20 percent.
135. "Solar Energy System" (SES) is a system whose primary purpose is to harvest energy by transforming solar energy into another form of energy, or transferring heat from a collector, to another medium using mechanical, electrical, or chemical means.
136. "Solar Energy System, Ground-Mounted" is a freestanding solar energy system mounted directly to the ground using a rack, pole, or other base.
137. "Solar Energy System, Roof-Mounted" is a solar energy system located on the roof of a building or backside of a parapet wall.
138. "Solar Energy System, Wall-Mounted " is a solar energy system located on the wall of a building.
139. "Steep slope" - a slope that: (1) rises at least 20 feet between toe and top of the slope; (2) has an average grade of 20 percent as measured between toe and top of slope; and (3) has been field verified and located by city staff. In verifying and locating steep slopes, staff may consider site factors such as soil types, vegetation coverage, anyicipated erosion issues, technical reports and studies, or other items staff considers pertinent for the protection of the slope.
140. "Storage" - goods, materials or equipment placed or left in a location on a premises.
141. "Story" - that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the top most story, from the top of the floor finish to the top of the ceiling joist or, where there is not a ceiling, to the top of the finished rafters. If the finished floor level directly above a usable or unused space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such usable or unused space will be considered a story.
142. "Street" - a vehicular way located within road right-of-way, as defined and designated in the subdivision ordinance and comprehensive guide plan.
143. "Structure" - anything placed, poured, constructed, or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Examples include, but are not limited to: buildings, parking ramps, sport courts, patios, and pools.
144. "Structure, accessory" - on non-riparian lots, an uninhabited structure over 200 square feet in area, located on the same lot, subordinate to, and associated with the principal structure. On riparian lots and lots within the shoreland, floodplain, and wetland zoning districts, the same definition, but including structures over 120 square feet in area and as modified by sections 300.23, 300.24, and 300.25 of this ordinance.
145. "Structure, enclosed" - a structure that is surrounded by a roof and walls composed of any type of material.
146. "Structure, unenclosed" - a structure that is not surrounded by a roof and walls composed of any type of material.
147. "Structure, principal" - the structure in which the primary use of the lot occurs.
148. "Substantial compliance" - relative to an approved master development plan, or approved final site and building plans:
a) streets, utilities, stormwater improvements, buildings, parking areas, and landscaping are in generally the same location;
b) the number of residential units has not changed by more than 5 percent;
c) the gross floor area of non-residential buildings has not been changed by more than 5 percent or the gross floor area of any individual building has not been changed by more than 10 percent;
d) The number of stories of any building has not increased;
e) The square-footage of grading on any individual lot has not increased by more than 1,000 square feet;
f) the amount of open space has not decreased by more than 5 percent or been altered in such a way as to change its original design or intended use;
g) all special conditions attached to the approval are met.
149. "Substantial damage" - damage of any origin sustained by a structure when the cost of restoring the structure to its undamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
150. "Substantial improvement" - reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, within a consecutive 365-day period, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes an improvement to a structure that has incurred substantial damage, regardless of the actual repair work performed. The term does not include either:
a) improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
b) an alteration of an historic structure as defined in 44 code of federal regulations, part 59.1, provided that the alteration will not preclude the structure's continued designation as an historic structure.
151. "Transient sales" - use of a structure or lot for the temporary sale of goods, wares or merchandise. Transient sales do not include the sale of food products of a farm or garden occupied and cultivated by the seller.
152. "Transitional area" - an area in the process of changing from one use to another use or an area which functions as a buffer between land uses of different types or intensity.
153. "Transmission line" - an overhead or underground facility consisting of utility poles, lines, underground conduit, and related devices used to carry electricity generally to a location other than the ultimate user, with a nominal voltage greater than 35 kilovolts.
154. "Tributary creek" - a water course mapped on the public water inventory including the Minnehaha Creek, Nine Mile Creek, and Purgatory Creek (including both branches), and the public water course that flows out of Glen Lake. These waters include those defined as tributary rivers by the Minnesota department of natural resources.
155. "Use" - the purpose or activity for which a premises is designed, arranged or intended or for which it is or may be occupied or maintained.
156. "Use, Accessory" - a use that is subordinate to, associated with, and located on the same property as the principal use.
157. "Use, Commercial" - a use that involves the sale of goods or services.
158. "Use, Conditional" - a use that is permitted in a particular zoning district when certain and specific standards and conditions outlined in the ordinance are met. The city may impose conditions beyond those outlined in ordinance when necessary to protect public health, safety, and welfare.
159. "Use, Permitted" - a use that is allowed by right when ordinance standards are met.
160. "Use, Primary" - a use for which a premises is designed, arranged, or intended or for which it is or may be occupied.
161. "Utility pole" - a structure which is owned by a governmental agency or utility company and which is used to support illumination devices or lines and other equipment carrying electricity or communications.
162. "Variance" - a modification from the literal requirements of this ordinance as specified in section 300.07 of this ordinance.
163. "Water oriented accessory structure" - a detached, above ground small building or structure that does not exceed 120 square feet in size or 10 feet in height, exclusive of safety rails, that's use is directly related to the surface water. Examples include sheds, gazebos, screen porches and detached decks. Stairways, fences, retaining walls and docks are not considered water oriented accessory structures. Boat houses are not water oriented accessory structures.
164. "Water Resource" - for purposes of this ordinance, a lake, creek, wetland, stormwater pond, ditch, or other similar natural feature.
165. "Water resources management plan" - the document entitled City of Minnetonka Water Resources Management Plan dated January 25, 1999, and as amended.
166. "Wetlands" - a low area where the water table is usually at or near the surface, or where the land is covered by shallow water. Wetlands must: (1) have hydric soils; (2) be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation; and (3) under normal circumstances support a prevalence of hydrophytic vegetation.
167. "Wind energy conversion system (WECS) or windmill" - an apparatus capable of converting wind energy into electricity.
168. "Yard, front" - the area between the front lot line and the principal structure. (Figure 13)
169. "Yard, rear" - the area between the rear lot line and the principal structure. (Figure 13)
170. "Yard, side" - the area between front and rear yards extending from the side lot lines to the principal structure. (Figure 13)
Figure 13
(Amended by Ord. No. 2004-07, effective March 15, 2004; amended by Ord. No. 2004-24, effective August 23, 2004; amended by Ord. No. 2006-01, effective January 9, 2006; amended by Ord. No. 2006-10, effective May 8, 2006; amended by Ord. No. 2007-03, effective Jan. 22, 2007; amended by Ord. No. 2008-10, effective March 24, 2008; amended by Ord. No. 2008-25, effective August 25, 2008; amended by Ord. No. 2011-29, effective December 19, 2011; Ord. No. 2012-05, effective March 26, 2012; amended by Ord. No. 2012-07, effective June 25, 2012; amended by Ord. No. 2012-13, effective September 18, 2012; amended by Ord. No. 2014-07, effective March 24, 2014; amended by Ord. No. 2014-18, effective May 19, 2014; amended by Ord. No. 2016-05, effective February 29, 2016; amended by Ord. No. 2019-03, effective March 18, 2019; amended by Ord. No. 2019-16, effective July 22, 2019; amended by Ord. No. 2021-20, effective October 4, 2021; amended by Ord. No. 2021-22, effective October 18, 2021; amended by Ord. No. 2022-18, effective November 14, 2022; amended by Ord. No. 2023-02, effective February 27, 2023)