The following words and terms, whenever they occur in this Title, are defined as follows:
ABANDON: To cease a specific use of a property for a period of twelve (12) months or more.
ABUT: To border upon a parcel of land, to share all or part of a common property line with another parcel of land.
ACCESSORY STRUCTURE: A structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto.
ACCESSORY USE: A use subordinate to the principal use on a lot and exclusively used for purposes incidental to those of the principal use.
AGRICULTURAL BUILDING OR STRUCTURE: Any buildings or structures existing or erected which are used principally for agricultural purposes, 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:
A. Field crops, including: barley, soy beans, corn, hay, oats, sugar beets, rye, sorghum, and sunflowers.
B. Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including dogs, ponies, deer, rabbits and mink.
C. Horticulture or nursery stock, fruit, vegetables, timber trees.
D. Livestock products, all dairy, poultry and apiary products, including: milk, butter, cheese, eggs, meat, fur and honey.
E. Wetlands, pasture, forest land, wildlife land and other uses that depend on the inherent productivity of the land.
ALLEY: A public right of way less than thirty feet (30') in width which normally affords a secondary means of vehicular access to abutting property.
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 four (4) or more dwelling units.
APARTMENT BUILDING: Four (4) or more apartments grouped in one building with common areas and facilities, e.g., entrances, lobby, elevator, stairs, mechanical space, walls and grounds.
ATTORNEY: The attorney employed by the City unless otherwise stated.
AUTO OR MOTOR VEHICLE REDUCTION YARD: A lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. (See definition of Salvage/Recycle Center.)
AUTO OR MOTOR VEHICLE SERVICE STATION: A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles or any portion thereof.
AWNING: A nonrigid hood or cover projecting from a building, which may be folded, collapsed or retracted against the building.
BASEMENT: Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation, below ground level.
BED AND BREAKFAST ESTABLISHMENTS: A residential structure, other than a hotel or motel, where rooms, breakfast and hospitality are provided and all costs are included in the room price. Meals are served to guests only and owner/innkeeper resides on same or adjoining property.
BLOCK: A tract of land bounded by streets, or a combination of streets and public or private open space, cemeteries, railroad rights of way, shorelines, waterways, or City corporate limits.
BOARD OF ADJUSTMENT: An officially constituted body whose principal duties are to hear appeals and, where appropriate, grant variances from the strict application of this Title.
BOULEVARD: The portion of the street right of way between the curb line and the property line.
BUILDABLE AREA: The space remaining on a lot for building purposes after the setback and open space requirements of this Title have been met.
BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals, chattels, or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separate shall be deemed a separate building.
BUILDING FACE: The wall of a building fronting a street or avenue.
BUILDING FACE AREA: The quantitative measure of the wall surface area calculated by multiplying the wall height by the wall width.
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 said right-of-way line.
BUILDING HEIGHT: The vertical distance to be measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs, or to the deck line of a mansard roof.
BUILDING SETBACK: The minimum horizontal distance between the building and a lot line.
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or services are offered for compensation.
CANOPY OR MARQUEE: A permanent rooflike shelter either freestanding or extending from part or all of a building facia over a public right-of-way or a portion of the premises and constructed of some durable material such as metal, glass or plastic.
CHILD DAYCARE FACILITY: A facility in which a licensed child daycare program is operated which provides children with care, training, supervision, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day for an child, in a place other than the person's own home that is not otherwise excluded from the regulation of Municipal Zoning Ordinances as provided by Minnesota law.
CHURCH: See definition of religious facility.
CITY: The City of Montevideo.
CLEAR-CUTTING: The entire removal of a stand of vegetation.
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 overall density regulations of this title.
CLUSTERING/CLUSTER HOUSING: The development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.
COMPREHENSIVE PLAN: A plan prepared by the City including a compilation of policy statements, goals, standards and maps indicating the general locations recommended for the various functional classes of land use and for the general physical development of the community and includes any plan or parts thereof.
CONCEPT PLAN OR SKETCH PLAN: A generalized plan of a proposed subdivision indicating lot layouts, streets, park areas, and water and sewer systems presented to the City officials at the pre-application meeting.
CONDITIONAL USE: A use that may be appropriate in a given zoning district, but which requires special planning considerations in each instance, and which will only be allowed in a specific location under conditions specified by this title and by the City Council.
CONDOMINIUM: A form of individual ownership with a multi-family building with joint responsibility for maintenance and repairs. In a condominium, each apartment or townhouse is owned outright by its occupant.
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.
CONVENIENCE STORE: A retail sales establishment that, in addition to other retail sales and rentals, may sell gasoline at pumps, car washes and takeout foods, but not including gasoline or automobile service stations.
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.
COPY: A print or reproduction.
COUNTY: Chippewa, Yellow Medicine or Lac Qui Parle.
COUNTY BOARD: Chippewa, Yellow Medicine or Lac Qui Parle County Board of Commissioners.
COURT: An open unoccupied space bounded on two (2) or more sides by the exterior walls of a building or buildings on the same lot.
CURB LEVEL: The grade elevation established by the City Engineer of the curb in front of the center of the building. Where no curb level has been established, the engineering consultant shall determine a curb level or its equivalent for the purpose of this title.
DENSITY: A measure of the intensity of residential use on the land, expressed in terms of lot area per dwelling unit or dwelling units per acre. For such calculations, the land area shall be exclusive of water area and floodplain, but may include protected wetlands and hydric soils.
DEVELOPMENT: The act of building structures and installing site improvements.
DEVELOPMENT PLAN: A plan guiding the development of the property to the ultimate land use. Such plan shall include but is not limited to: site analysis information, staging plan, grading plan, drainage plan and end-use plan.
DISTRICT: A section of the City for which the regulations governing the height, area, use of buildings and premises are the same.
DRAINAGE COURSE: A watercourse or indenture for the drainage of surface water.
DRIVE-IN: An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive service, obtain goods, or be entertained while remaining in their motor vehicles, regardless of whether or not services and goods are also provided within a building.
DRIVEWAY: A private road or path which is located on the lot which it services and which affords vehicle access to a public road.
DUMPSTER: A large, usually metal, trash receptacle designed to be hoisted up by a garbage truck in order to be emptied.
DWELLING, DETACHED: One which is entirely surrounded by open space on the same lot with no common party walls.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by a single family but not including hotels or motels. There are three (3) principal types:
Multiple-Family: A type of residential structure where building entrances, stairways, halls and other common elements are shared among several units, with separate housekeeping and cooking facilities for each.
Single-Family Attached: A residential building containing two (2) or more separate dwelling units with a common wall.
Quadplex: A residential building containing four (4) dwelling units with one common wall, each unit so oriented as to have all exits open to the outside.
Townhouse: A one-family dwelling attached to two (2) or more one-family dwellings by a common vertical wall.
Twin Home: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each.
Single-Family Detached: A residential structure designed for or occupied by one family only, not attached to another dwelling, meeting all of the following standards:
A. A permanent masonry or wood foundation meeting the requirements of the State Building Code that shall be solid for the complete circumference of the structure;
B. A minimum of nine hundred sixty (960) square feet of floor area on the ground floor;
C. Minimum width of twenty four feet (24') as measured across the narrowest width. The dimension of a building addition to a dwelling shall not be used to establish the twenty four foot (24') minimum dimension;
D. Conventional siding, lapping the foundation by a minimum of one inch (1"); and
E. A pitched roof with a minimum four-twelfths (4/12) pitch and twelve inch (12") eaves.
EARTH SHELTERED BERM: An earth covering on the above grade portions of building walls.
EARTH SHELTERED BUILDING: A building constructed so that fifty percent (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 aboveground construction. A partially completed building shall not be considered earth sheltered.
EASEMENT: A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways; roadways; utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, cable television, storm sewer or storm drainageways and gas lines.
ENGINEER: The registered engineer employed by the City unless otherwise stated.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
ESSENTIAL SERVICES: Overhead or underground electrical, cable television, gas, steam or water transmission or distribution systems and structure of 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, sewer 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 nonagricultural artificial excavation of earth exceeding fifty (50) square feet of surface area of two feet (2') in depth, other than activity involved in preparing land for earth sheltered or conventional construction of residential, commercial, and industrial buildings, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other natural matter, or made by turning, or breaking or undermining the surface of the earth, except that public improvement projects shall not be considered extraction areas.
FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons not all so related, living together as a single housekeeping unit in a dwelling unit.
FARM: A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock, poultry, or fish farming. Such farms may include agricultural dwellings and accessory buildings and structures necessary to the operation of the farm.
FEEDLOT, LIVESTOCK: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these rules, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these rules.
FENCE: Any partition, structure, wall, gate or planting specifically placed to form a divider marker, barrier or enclosure and located along the boundary, or within the required yard.
FILL: Sand, gravel, earth or other materials deposited on, moved onto, or placed on a parcel of land.
FILLING: The placement of fill on a parcel of land.
FINAL PLAT: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the city council for approval and which, if approved, will be submitted to the county recorder.
FLAG LOTS: A large lot or lots that are accessed to the public road by a narrow, private right of way or driveway. The private right of way is known as the "stem".
FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded.
FLOOD FRINGE: The portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the city of Montevideo.
FLOOD PLAIN: The area subject to inundation by a 100-year flood (regional flood) as designated and mapped by the federal emergency management agency.
FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls, or for a structure without walls (e.g., a carport), the total ground area covered by a roof, not including area under a typical overhang dimension.
FLOOR AREA, LIVABLE: The floor area of a dwelling excluding all areas occupied by basements, garages, porches, attics, stairways, storage, utility and heating rooms.
FLOOR AREA RATIO (FAR): The floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned unit developments, by the net size area. The floor area ratio requirements shall determine the maximum floor area allowable for the building or buildings, including both principal and accessory buildings, in direct ratio to the gross area of the zoning lot.
FOOT-CANDLE: A standard unit of illumination intensity.
FREQUENCY: The oscillations per second in a sound wave.
FRONTAGE: The part of a lot fronting on one side of a street between the side lot lines or between a street right of way and a side lot line.
GARAGE, PRIVATE: An accessory building or accessory portion of the principal building which is intended for and used to store private passenger vehicles.
GARAGE SALE: Sale by property residents at resident's address of personal property of a kind usually and customarily found in and about residential property. It shall not include personal property purchased for the purpose of resale.
GARAGE, TRUCK: A building used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half (11/2) tons capacity.
GOVERNING BODY: Montevideo City Council.
GRADE: The average of the finished level at the center of the exterior walls of the building.
GRADE, STREET: The established elevation of the street in front of the building measured at the center of such front. Where no street grade has been established, the City Engineer shall establish such street grade or its equivalent for the purpose of this Title.
HALFWAY HOUSE: A home for not more than nine (9) persons who have demonstrated a tendency toward chemical abuse, mental illness, or antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, eleven (11) of whom live together as a single housekeeping unit.
HANDICAPPED OR INFIRM INSTITUTION: An institutional facility housing more than nine (9) persons who are physically or mentally handicapped or infirm, and providing primarily residential care rather than medical treatment.
HARDSHIP: The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Economic conditions alone will not constitute a hardship if reasonable use for the property exists under the terms of this Title.
HEDGE: A row of bushes or small trees planted close together to form a fence or enclosure.
HOME OCCUPATION: Occupation or profession approved by this Title that is managed by the occupant of the dwelling.
HORTICULTURE: The use of land for the growing or production for income, of fruits, vegetables, flowers, nursery stock, and trees, including forestry, ornamental plants and trees, and cultured sod.
HOTEL/MOTEL: A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities.
IMPERVIOUS SURFACE: A material providing a hard surface which substantially prevents the absorption of water into the ground.
INTERIM USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it as determined by the City Council.
INTERMEDIATE CARE HOME: A facility providing accommodations for not more than seven (7) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
KENNEL: Any structure or premises on which more than three (3) dogs over six (6) months of age are kept for sale, breeding, profit, etc.
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.
JUNKYARD: Land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled on a commercial basis, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
LAND RECLAMATION: Reclaiming of land by the depositing of material so as to elevate the site. Any site upon which four hundred (400) cubic yards or more of fill is to be deposited shall be considered land reclamation.
LANDSCAPING: Plantings, including trees, grass, ground cover, shrubs and other natural materials such as rock and wood chips and decorative features including sculpture, patterned walks, and fountains. Raised walkways shall not exceed six inches (6") in height and four feet (4') in width.
LOADING SPACE OR LOADING AREA: The portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.
LOT: A parcel or portion of land in a subdivision or plat of land, separate from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof.
LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER: A lot bordered on at least two (2) sides by streets.
LOT COVERAGE: The area of the zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating lot coverage. Only the above grade portions of an earth sheltered building should be included in lot coverage calculations.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT, DOUBLE FRONTAGE: Lots which have a front line abutting on one street and a back or rear line abutting on another street.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: The property line bounding a lot, except that where any portion of a lot extends into the public right of way, shall be the lot line for purposes of this title.
LOT LINE, FRONT: The boundary of a lot which abuts an existing or dedicated public street, and in 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 line shall be designated by the owner.
LOT LINE, REAR: The boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') 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.
LOT OF RECORD: Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey that has been recorded in the office of the County Recorder for Montevideo or Chippewa County, Minnesota, prior to the effective date hereof.
LOT, SUBSTANDARD: A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date hereof, which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Title.
LOT WIDTH: The horizontal distance between the side lot lines of a lot measured at right angles to the lot depth at the established front building setback line.
MANUFACTURED SINGLE-FAMILY DWELLING: A structure, not affixed to or part of real estate, transportable in one or more sections, which in a traveling mode is eight (8) body feet or more in width, or forty (40) body feet, or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, except for accessory manufactured single-family dwellings and temporary manufactured single-family dwellings, as defined herein. A manufactured single-family dwelling shall be construed to remain a manufactured single-family dwelling, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A manufactured single-family dwelling shall not be construed to be a travel trailer or other form of recreational vehicle.
MANUFACTURED HOME PARK: Any site, lot field, or tract of land under single ownership, designed, maintained or intended for the placement of two (2) or more occupied manufactured homes. "Manufactured home park" shall include any buildings, structure, vehicle, or enclosure intended for use as part of the equipment of such manufactured home park.
MANUFACTURED HOME STAND: The part of an individual manufactured home lot which has been reserved for placement of the manufactured home, appurtenant structures, or additions.
METES AND BOUNDS: A method of property description by means of their direction and distance from an easily identifiable point.
MINIMUM SUBDIVISION DESIGN STANDARDS: The guides, principles and specifications for the preparation of subdivision plats indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the plan.
MINING: Any artificial excavation of the earth within the limits of the City operated for the commercial exploitation of earthly deposits in the amount of four hundred (400) cubic yards or more.
MODULAR MANUFACTURED OR PREFABRICATED HOME: A nonmobile housing unit that is entirely or mostly fabricated off site and transported to a building site where final installations are made, permanently affixing the module to the site. A modular manufactured home shall be considered the same as a single-family dwelling under the standards in this Title, provided it meets the standards for floor area and other minimum standards.
MOTOR VEHICLE: Any self-propelled vehicle not operated exclusively on railroad tracks, and any vehicle propelled or drawn by a self-propelled vehicle, including but not limited to cars, trucks, buses, motorcycles, campers, recreational vehicles, and trailers.
MOTOR VEHICLE BODY WORK: Repair or straightening of automobile body, frame, or fender, including painting.
MOTOR VEHICLE REPAIR: Repairs, replacement of parts, and motor service to automobiles, not including body work or painting.
MOTOR VEHICLE SALES: The sale or trade of new or used motor vehicles, whether cars, trucks, buses, campers, motorcycles, or other motorized vehicles, including the display of new or used vehicles, or the possession of new or used vehicles for sale or trade.
MULTI-FAMILY CONVERSION: The alteration of an existing building for use as a multiple-family dwelling, meeting all applicable building codes and standards in this Title.
MUNICIPAL WATER AND SEWER SYSTEMS: Water, wastewater and storm water utility systems serving a group of buildings, lots, or an area of the City, with the design and construction of such utility systems as approved by the City Engineer.
NAMEPLATE: A sign indicating the name and/or the address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein.
NONCONFORMING USE: Any legal structure or legal use existing upon the effective date hereof and which does not conform to the provisions of this Title.
NURSERY: A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscaping.
NURSING HOME/CARE CENTER: A building facility for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Facilities shall be licensed by the State Board of Health as provided for in Minnesota Statutes.
OBSTRUCTION: Any dam, wall, 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 such water.
OPEN SALES LOT (EXTERIOR STORAGE): Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise and for the storing of same under the open sky prior to sale.
ORDINARY HIGH WATER LEVEL OR ORDINARY HIGH WATER MARK: The boundary of "public waters" and "wetlands," as defined by Minnesota Statutes section 105.37, 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. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
OWNER: An individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PARKS AND PLAYGROUNDS: Public lands and open spaces in the City dedicated or reserved for and usable for recreational purposes.
PARKING SPACE: A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile.
PEDESTRIANWAY: A public or private right of way across or within a block, to be used by pedestrians.
PERCENTAGE OF GRADE: On street center line means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each one hundred feet (100') of horizontal distance.
PERSON: Includes an individual, a firm, a partnership, a corporation, a company, an unincorporated association of persons such as a club, and an owner.
PLANNING COMMISSION: The Montevideo Planning Commission.
PLANNED UNIT DEVELOPMENT: A form of development characterized by unified site design that includes the clustering of units, mixing of housing types and the development of common elements and open space.
PLAT: The drawing or map of a subdivision prepared for filing of record and containing all elements and requirements set forth in applicable local regulations adopted.
PLOT: A tract of land, other than one unit of a recorded plat or subdivision occupied and used or intended to be occupied and used as a building site and improved or intended to be improved by the erection thereon of a building and accessory building and having a frontage upon a public street or highway and including such open spaces as required under this Title.
PRELIMINARY APPROVAL: Official action taken by the City on an application to create a subdivision which establishes the rights and obligations set forth in Minnesota Statutes section 462.358 and the applicable subdivision regulation. In accordance with Minnesota Statutes section 462.358, and unless otherwise specified in the applicable subdivision regulation, preliminary approval may be granted only following the review and approval of a preliminary plat or other map or drawing establishing without limitation the number, layout, and location of lots, tracts, blocks, and parcels to be created, location of streets, roads, utilities and facilities, park and drainage facilities, and lands to be dedicated for public use.
PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration.
PRINCIPAL STRUCTURE OR USE: One which determines the predominant use as contrasted to accessory use or structure.
PRIVATE STABLE OR PADDOCK: A facility for the exclusive use of the owners or occupants of the premises on which it is located that is either:
A. A building having stalls or compartments for the shelter of horses; or
B. An enclosed area used for pasturing or exercising horses.
PRIVATE STREET: A street serving as vehicular access to one or more parcels of land which is not dedicated to the public but is owned by one or more private parties.
PROPERTY LINE: The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway and the like.
PROTECTED WATERS: Any waters of the State as defined in Minnesota Statutes section 105.37, subdivision 14. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations.
PROTECTIVE COVENANTS: Contracts entered into between private parties and constituting a restriction on the use of all 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.
PUBLIC ACCESS: An area owned and/or operated by a governmental entity for the launching and retrieval of watercraft from the public waters, or other recreational activities adjacent to public waters.
PUBLIC LAND: Land owned or operated by Municipal, school district, County, State or other governmental units.
PUBLIC OPEN SPACE: Any publicly owned open area, including but not limited to the following: parks, playgrounds, school sites, and parkways.
PUBLIC UTILITY: Any person, firm, corporation, Municipal department, or board fully authorized by the City to furnish to the public, electricity, gas, steam, communication services, telegraph services, transportation, water, or other essential public service.
PUBLIC WATERS: Any waters as defined in Minnesota Statutes section 105.37, subdivisions 14 and 15.
REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.
RECREATION, COMMERCIAL: Includes all uses such as bowling alleys, roller and skating rinks, driving ranges, and movie theaters, but not limited to, those uses that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, picnic areas, and the like 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.
REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study.
REGISTERED LAND SURVEY 1 : A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a registered land survey number.
REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
RELIGIOUS FACILITY: A building, together with its accessory building and uses, where persons regularly assemble for religious worship and which building, together with its accessory building and uses, is maintained and controlled by a religious body organized to sustain public worship.
RIGHT OF WAY: The publicly owned land along a street or highway corridor a portion of which is covered by the street or highway pavement.
SALVAGE/RECYCLABLE CENTER: Land or buildings where waste, discarded, salvaged, or recyclable materials are bought, sold, stored, exchanged, sorted, cleaned, packed, disassembled or handled on a commercial basis including but not limited to, scrap metal, aluminum, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
SCREEN: A barrier accomplished by a variety of means, intended to prevent visibility through the barrier. If accomplished by landscape materials, the screen must be at least eighty percent (80%) opaque.
SELECTIVE CUTTING: The removal of single scattered trees.
SEMI-PUBLIC USES: Uses owned by private or private nonprofit organizations which are open to some but not all of the public such as: denominational cemeteries, private schools, clubs, lodges, recreation facilities and religious facilities.
SETBACK: The minimum distance between a structure and a property line.
SETBACK OR SETBACK LINE: The mean horizontal distance between the property line or street right of way, or street easement and the line of the structure or the allowable building line as defined by the yard regulations of this Title.
SHOPPING CENTER: Any group of four (4) or more retail/service businesses with a single architectural plan.
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 fifty percent (50%) of the required structure setback.
SHORELAND: Any land adjacent to public waters as defined by the shoreland management section of this Code.
SIGN: Any structure, device or representation, with or without lettering, designed or intended to bring attention to the location, products or services or an individual, residence, business or institution.
SIGN, ABANDONED: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed.
SIGN, APARTMENT DEVELOPMENT: Sign which identifies an apartment complex of eight (8) or more units.
SIGN AREA: The area that is framed either physically or visually by the construction, design, or layout of a sign itself but not including supporting structures.
SIGN, AWNING: Any sign that is painted on or attached to an awning.
SIGN, BANNER: An attention-getting device intended to be hung either with or without a frame. Such signs are typically made of plastic, paper or other fabric and are hung for a limited amount of time.
SIGN, BILLBOARD: A sign erected along a State trunk or Federal highway for the purpose of advertising a product, event, person or subject not offered or sold on the premises on which said sign is located.
SIGN, BUILDING PLAN: An illustration that shows all signs on a building or group of related buildings.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted upon the premises at which the sign is located, and which may refer to goods or services produced, offered for sale or obtained at such premises.
SIGN, CANOPY OR MARQUEE: A sign attached to or constructed on the facia or hung from a canopy or marquee.
SIGN, CHANGING (AUTOMATIC): Any sign such as electronically or electrically controlled public service information signs, message centers or reader boards where different automatic changing messages of an informative or commercial nature of interest to the traveling public are shown.
Electronic Reader Board: A sign which contains a traveling message, or a message which appears to be traveling, and usually in a horizontal manner. The characters incorporated into any message remain constant, and do not change in hue or intensity, as they travel or appear to travel across or through the automatic changing copy of the sign.
Message Center: A sign which contains a changing message within the copy area which remains on for a specified minimum period of time and blacks out for a specified minimum of time between messages.
Public Service Information Sign: Any sign intended primarily to promote messages of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control, etc.
SIGN, CONSTRUCTION: A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.
SIGN, DIRECTIONAL: A sign that contains no advertising of any kind and provides direction or instruction to guide persons or vehicles to facilities intended to serve the public.
SIGN, EXEMPT: Signs exempted from normal permit requirements.
SIGN, FARM PRODUCT: Sign located on a farm residence property advertising farm products, merchandise or services sold, produced, manufactured or furnished on such farm.
SIGN, FLASHING: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color at all times when the sign is illuminated.
SIGN, FREESTANDING: Any stationary, self-supporting sign standing on the ground not affixed to any other structure. Includes monument, ground or pedestal signs.
SIGN, GARAGE SALE: Signs advertising a garage sale.
SIGN, HEIGHT: The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb to the highest point of said sign.
SIGN, HISTORICAL: Any sign that is of historical significance or that is an historical resource within the meaning of Minnesota Statutes chapter 116B.
SIGN, HOLIDAY/SPECIAL EVENT: Signs or displays which contain or depict messages pertaining to a holiday or special event, including holiday lighting.
SIGN, HOME OCCUPATION: A sign identifying a residential professional office or home occupation, which has received a conditional use permit, conducted in a portion of the home.
SIGN, HOUSING DEVELOPMENT: Sign which identifies the name of a housing development subdivision of eight (8) or more units.
SIGN, ILLUMINATED: Any sign that is lighted by an artificial light source either directed upon it or illuminated from an interior source.
SIGN, INSTITUTIONAL: A sign identifying a religious or public institution or public recreational facility, including airport, library, community center, park, religious facility, hospital, armory, school, nature center or cemetery.
SIGN, INSTRUCTIONAL: Signs providing direction or instruction to a governmental, public or religious institution.
SIGN, MANUFACTURED HOME PARK: Sign identifying a manufactured home park of eight (8) or more units.
SIGN, MEMORIAL: Names on buildings, date of construction, commemorative tablet and the like, which are constructed of bronze or other noncombustible material and which are an integral part of the building or structure.
SIGN, MOBILE OR PORTABLE: Signs on wheels or otherwise capable of being moved from place to place.
SIGN, MOTION: Any sign that revolves, rotates, has any moving parts or gives the illusion of motion.
SIGN, NAMEPLATE: A sign that states the name and/or address of the business, industry or occupant.
SIGN, NONCONFORMING (LEGAL): Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Title, and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Title.
SIGN, POLITICAL: A sign on behalf of a candidate for office or measures on election ballots.
SIGN, PROJECTING: A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PUBLIC: Signs of a public, noncommercial nature including safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historic points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty.
SIGN, REAL ESTATE: A business sign placed upon a property advertising that particular property for sale, for rent or for lease.
SIGN, REAL ESTATE DEVELOPMENT: A temporary sign for the purpose of selling or promoting a subdivision plat or development project.
SIGN, ROOF: Any sign that is erected, constructed or attached wholly or in part upon or over the roof of a building.
SIGN STRUCTURE: The supports, uprights, braces and framework of the sign.
SIGN, UNLAWFUL: A sign which violates the Code or which the Administrator may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment.
SIGN, WALL: A sign attached to or painted on, or erected against the wall of a building with the exposed face of the sign plane parallel to the plane of the said wall.
SIGN, WINDOW: Signs placed inside a building for the purpose of viewing from the exterior through a window.
SLOPE: The amount a land surface rises or falls from a horizontal plane. Slope can be expressed as a fraction or percentage, arrived at by dividing the distance of the vertical rise or fall from the horizontal plane by the horizontal distance.
SPORT COURT: Private recreational uses and structures for the exclusive use of surrounding property owner(s) as an accessory use. Such uses and structures include tennis courts, hockey rinks, volleyball or basketball courts, which may not be used for commercial purposes or non-recreational uses.
STORAGE POD: Any temporary structure, purchased or leased, that is employed for the storage of vehicles, goods, or other personal property, which is not affixed to real property and does not contain wheels which are inseparable from the structure itself.
STREET: A public right of way which affords primary means of access to abutting property, and shall also include avenue, highway, or roadway.
STREET, COLLECTOR: A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
STREET, CUL-DE-SAC: A street turnaround with only one outlet.
STREET, LOCAL: A street intended to serve primarily as an access to abutting properties.
STREET, MAJOR OR ARTERIAL: A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
STREET PAVEMENT: The wearing or exposed surface of the roadway used by vehicular traffic.
STREET, SERVICE: Marginal access street, or otherwise designated as a minor street, which is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic.
STREET WIDTH: The width of the right of way, measured at right angles to the center line of the street.
STORY: The portion of a building included between the surface of any floor and the surface of the floor next above, including below ground portions of earth sheltered buildings.
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.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.
SUBDIVIDER: Any person commencing proceedings under the ordinance to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION: The division or redivision of a lot, tract, or parcel of land into two (2) or more lots either by plat or by metes and bounds description.
TANGENT: A straight line that is perpendicular to the radius of a curve where a tangent meets a curve.
TOWER: A structure that is intended to send and/or receive radio, television and telecommunication signals.
TOWNHOUSE: A single structure consisting of three (3) or more dwelling units having a private entrance on the first story at or near the ground level with no other dwelling unit connected to the other dwelling unit except by a party wall with no openings.
TRACING: A plat or map drawn on transparent paper or cloth which can be reproduced by using regular reproduction procedure.
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.
USE, PRINCIPAL: The main use of land or buildings as distinguished from subordinate or accessory use. A "principal use" may be either permitted or conditional.
VARIANCE: A modification or variation of the provisions of this Title where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of this title would cause an undue hardship.
VERTICAL CURVE: The surface curvature on a street centerline located between lines of different percentage of grade.
WETLAND: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soils.
YARD: A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this title. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. For earth sheltered buildings and buildings covered with earth berms, the line of the building is measured from the exterior surface of the building regardless of whether it is above or below grade.
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 line to the depth required in the setback regulations for the zoning district in which such lot is located.
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, SIDE: The yard extending along the side lot line between the front yard and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.
ZONING ADMINISTRATOR: The duly appointed person charged with enforcement of this title.
ZONING DISTRICT: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform as defined by this title.
ZONING MAP: The map or maps incorporated into this title as a part thereof designating the zoning districts.
ZONING ORDINANCE: A Zoning Ordinance or Resolution controlling the use of land as adopted by the City. (1998 Code; amd. Ord. 828, 8-19-2002; Ord. 911, 3-7-2011; Ord. 953, 7-15-2019; Ord. 968, 4-8-2022)
Notes
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