The following words and terms, wherever they occur in this title, shall be interpreted as herein defined:
ABUTTING: Directly beside a shared property line.
ACCESSORY BUILDING, STRUCTURE OR USE: A subordinate building, structure or use which is located on the same lot as the principal building or use and which is incidental to the conduct of the principal use.
ADDITION: A physical enlargement of an existing structure.
ALLEY: A public right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
AMUSEMENT PARK: The permanent use of land for the purpose of providing a variety of amusement facilities to the public for compensation either in the form of admission fees and/or fees for use of separate amusement facilities.
ANIMAL SHELTER: Any lot or premises, not a kennel, in which stray or abandoned animals are kept or cared for on a temporary basis until claimed, adopted or euthanized.
APARTMENT: A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit.
APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land which the provisions of this title are being considered for or reviewed.
AREA, GROSS: All of the area within a development or plat before areas needed for parks, streets, storm water or other public improvements are dedicated or deducted. Gross area is typically expressed in acres or square feet.
AREA, NET: The area of a site planned for development excluding major street rights of way (arterials and collector streets), publicly dedicated infrastructure improvements such as stormwater ponds and retention systems and environmentally constrained lands including natural wetlands (as identified by the NWI or other delineation), floodplains and open bodies of water. Net area calculations include park land and open space. Net area is typically expressed in acres or square feet.
AUTOMOBILE REPAIR: General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE SALVAGE YARD: Any place where two (2) or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles or merchandise. See also definitions of Salvage Yard.
BED AND BREAKFAST ESTABLISHMENT: Owner occupied accommodations in which rooms for transient guests are rented on a nightly basis and where breakfast is offered in connection with the provision of sleeping accommodations only.
BOUNDARY LINES: Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the city's zoning map.
BUFFER: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from the vision of another use or property.
BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this title have been met and minus any easements covering the remaining space.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind, and includes any structure.
BUILDING CODE: The building code adopted by the state of Minnesota.
BUILDING FOOTPRINT: The outline of a building drawn along the foundation at grade level.
BUILDING LINE: A line parallel to the adjacent property boundary 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 boundary line.
BUILDING SETBACK: The minimum horizontal distance between the building and the lot line.
BUSINESS: Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
CAMPUS ORGANIZATION: A student association with national affiliation that is recognized by and is in good standing with school officials.
CARPORT: A permanent roofed accessory structure designed for housing passenger vehicles open on at least two sides and anchored into pavement.
CEMETERY: A site or property for the burial or interment of the dead.
CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CITY COUNCIL: The governing body for the city of Moorhead.
CLUSTER DEVELOPMENT: Residential development in which dwelling units are placed on one lot in closer proximity than usual (clustered) with the purpose of retaining a common open space area.
COMMERCIAL RECREATION: Bowling alley, cart track, jump center, golf, billiards (pool) hall, vehicle racing or amusement, dance hall, skating, trampoline, firearms range, boat rental, amusement rides, campgrounds, park and similar uses.
COMMON OPEN SPACE: Any open space including private parks, nature areas, playgrounds, trails and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.
COMPREHENSIVE PLAN: A comprehensive plan prepared and approved by the city, including a compilation of policy statements, goals, standards, fiscal guidelines and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONCEPT PLAN: A report in map and text form submitted as the first phase of a planned unit development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development and information on the applicant.
CONDITIONAL USE: Those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district, which for the respective conduct or performance in such designated use districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, conditions, modifications or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience and the integrity of the city comprehensive plan.
CONDITIONAL USE PERMIT: A permit issued by the city council in accordance with procedures specified in this title, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUM: A development or a structure housing two (2) or more dwelling units which are individually owned and which have jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota condominium law.
COOPERATIVE (HOUSING): A multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minnesota statutes. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
COUNCIL: The city council of the city of Moorhead.
COURT: An unoccupied open space other than a yard which is bounded on three (3) or more sides by the walls of the buildings.
CROSS EASEMENTS: An easement created for the purpose of providing vehicular or pedestrian access to a property primarily for use and maintenance needs.
CURB LEVEL: The elevation of the established curb in front of a building measured at the center of such front. Where no curb level has been established, the city engineer shall determine a curb level or its equivalent for the purpose of this title.
DENSITY, GROSS: The total number of dwelling units within a development or plat divided by the gross area of the development or plat. Gross density is expressed in terms of units per acre.
DENSITY, NET: The total number of dwelling units within a development or plat divided by the net area of the residential portions of the development or plat (excluding parks, rights of way, floodable areas, and other nonbuildable portions of the platted area). Net density is expressed in terms of units per acre.
DENSITY, RESIDENTIAL: A number expressing the relationship of the number of dwellings to an acre of land as established in the comprehensive plan.
DEPOSITION: Any rock, soil, gravel, sand or other material deposited naturally or by man into a water body, watercourse, floodplain or wetland.
DIVERSION: A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.
DRAINING: The removal of surface water or groundwater from land.
DREDGING: To enlarge or clean out a water body, watercourse or wetland.
DRIVE-IN RESTAURANT: Any place or premises used for sale, dispensing or serving of food, refreshments or beverages on the premises, typically in the customer's vehicle.
DWELLING: A building or portion thereof, designated exclusively for residential occupancy, including one-family, two- family, and multiple-family dwellings, but not including hotels, motels or licensed nursing care facilities.
DWELLING, EFFICIENCY APARTMENT: A dwelling unit consisting of one principal room having bathing and cooking facilities used for combined living and sleeping purposes.
DWELLING, MULTI- FAMILY: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other. Includes townhouse/rowhouse, triplex and apartment buildings.
DWELLING, MULTI- FAMILY - APARTMENT BUILDING: A building located on one lot, designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other.
DWELLING, MULTI- FAMILY - STACKED TRIPLEX: A single structure on one (1) lot consisting of three (3) stacked dwelling units for occupancy by three (3) families living independently of each other.
DWELLING, MULTI- FAMILY - TOWNHOUSE/ ROWHOUSE: A single structure on one (1) or more lots consisting of three (3) or more side-by-side dwelling units having one or more walls abutting with another dwelling unit for occupancy by three (3) or more families living independently of each other and designed to have all exits open directly to the outside.
DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for occupancy by one (1) family.
DWELLING, TWO- FAMILY STACKED DUPLEX: A single structure on one (1) lot consisting of two (2) stacked dwelling units for two (2) separate families living independently of each other.
DWELLING, TWO- FAMILY TWIN HOME OR NON-STACKED DUPLEX: A single structure on one (1) or two (2) lots consisting of two (2) side by side dwelling units for two (2) families living independently of each other.
DWELLING UNIT, ACCESSORY (ADU): A detached residential dwelling unit in a separate building located on the same lot as a principal dwelling.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by one (1) or more persons with facilities for bathing, cooking, living, sleeping, but not including hotels, motels or licensed nursing care facilities.
DWELLING UNIT OCCUPANCY: Occupancy of a dwelling unit for the purpose of enforcing provisions of this title shall be limited by restrictions as included in the definition of "family" in this section.
EARTH BERM: An earth covering on the above grade portions of the building walls.
EARTH SHELTERED BUILDING: A building so constructed that fifty percent (50%) or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the 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 above grade construction. A partially completed building shall not be considered earth sheltered.
EASEMENT: A grant by an owner of land for a specific use by persons other than the owner.
EFFICIENCY APARTMENT (DWELLING UNIT): A one room dwelling unit consisting of one principal room having cooking facilities and used for combined living, dining and sleeping purposes.
ELEVATOR PENTHOUSE: An enclosure located on the top of a building which houses the working mechanisms of an elevator.
ENGINEER OF CITY OR CITY ENGINEER: The registered engineer employed or retained by the city, unless otherwise stated.
EROSION: The wearing away of land surface by the action of natural elements.
ESSENTIAL SERVICE: The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments.
ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of essential services, including, but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks and lift stations.
EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
FAMILY: A. An individual; or
B. Two (2) or more persons, all of whom are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or
C. Two (2) unrelated people and any children related to either of them, or over whom they are guardians or have another duly authorized custodial relationship; or
D. A group of not more than four (4) persons who need not be related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship living together in a dwelling unit.
FARM: An unplatted tract of land having one quarter-quarter section containing approximately ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of approximately ten (10) acres, measured from the centerline of abutting roads, for purposes of residential density usually with a house and barn and other buildings, on which crops and often livestock are raised for a source of livelihood.
FARM FENCE: An open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes, section 344.02, subd. 1(a-d), and is not considered to be a structure under this subsection 10-17B-4-2 of this title. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this title.
FARM, HOBBY: An unplatted tract of land generally consisting of ten (10) or less acres in size with a house and accessory buildings, on which crops and often livestock are raised, but not as a principal source of income. A hobby farm shall not qualify for exemptions provided in this title for farms.
FARMING: Process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and the keeping of common domestic farm animals.
FARMSTEAD: A dwelling unit surrounded by or connected to farm buildings, all under single ownership.
FEEDLOT, COMMERCIAL: The place of confined feeding of livestock or other animals for food, fur, pleasure or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals.
FENCE: Any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.
FENESTRATION: An architectural term referring to the arrangement of windows and other nonopaque features of an exterior building wall.
FILLING: The act of depositing any rock, soil, gravel, sand or other material so as to fill a water body, watercourse or wetland.
FIRE CODE: The fire code adopted by the state of Minnesota.
FLOOD RELATED:
Accessory Use Or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Base Flood Elevation (BFE): The elevation of surface water resulting from a flood that has a one percent (1%) probability of equaling or exceeding that level in any given year as determined by the federal emergency management agency. The BFE is shown on the flood insurance rate map (FIRM) as zone AE. Base flood, regional flood, and 100-year flood are synonymous.
Basement: Any area of a structure, including crawl spaces, having the upper surface of its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level.
Equal Degree Of Encroachment: Method of determining the location of floodway boundaries so that floodplain lands on both sides of a river are capable of conveying a proportionate share of flood flows.
Farm Fence:An open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes, Section 344.02, Subd. 1(a-d), and is not considered to be a structure under this subsection 10-17B-4-2 of this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance.
FEMA: Federal emergency management agency.
Flood: A temporary increase in stream flow or stage that results in inundation of the normally dry areas adjacent to the channel.
Flood Frequency: The frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
Flood Fringe: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the "Flood Insurance Study For Clay County, Minnesota And Incorporated Areas".
Flood Insurance Rate Map (FIRM): The "Flood Insurance Rate Map Clay County, Minnesota And Incorporated Areas", dated April 17, 2012, and prepared by the federal emergency management agency.
Flood Insurance Study (FIS): The flood insurance study, Clay County, Minnesota and incorporated areas dated April 17, 2012, and, prepared by the federal emergency management agency.
Floodplain: The river bed proper and area adjoining a watercourse which have been or hereafter may be covered by the 100-year flood as determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.
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 channel of a watercourse and those portions of the adjoining floodplains which are reasonably required to carry, store, and discharge the regional flood as determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.
Lowest Floor: The lowest floor of the lowest enclosed area (including 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.
Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle".
National Flood Insurance Program (NFIP): The program of flood insurance coverage and floodplain management administered under the national flood insurance act and applicable federal regulations promulgated in title 44 of the code of federal regulations, subchapter B.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory special flood hazard area 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.
100-Year Flood: A flood which is representative of large regional floods known to have occurred generally in Minnesota and reasonably characteristic of what has a one percent (1%) probability of occurring in any given year and can be expected to occur with a frequency in the magnitude of the 100-year recurrence interval as determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.
Principal Use Or Structure: All uses or structures that are not accessory uses or structures.
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.
Recreational Vehicle: A vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest horizontal projection, is designed to be self- propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. For the purpose of floodplain regulations, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.
Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what has a one percent (1%) probability of occurring in any given year and can be expected to occur with a frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.
Regulatory Flood Protection Elevation: A point not less than one foot (1') (freeboard) above the water surface profile associated with the 100-year flood as determined by the use of the 100-year flood profile and supporting technical data in the flood insurance study plus any increase in flood heights attributable to encroachments in the floodplain due to designation of the floodway (stage increase). It is the elevation to which uses regulated by this title are required to be elevated or floodproofed except for certain residential basements as stipulated in section 10-17B-5 of this title.
Repetitive Loss: Flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.
Special Flood Hazard Area (SFHA): An area having special flood, mudflow, or flood related erosion hazards, and shown on a flood insurance rate map as zone AE.
Structure: Anything constructed or erected on the ground or attached to the ground or on site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in subsection 10-17B-6C3a of this title and other similar items.
Substantial Damage: Any damage of any origin sustained by a structure where the cumulative cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the initial damage occurred. The cost of restoration must include all costs such as construction materials and a reasonable cost placed on all manpower or labor regardless of the actual repair work performed.
Substantial Improvement: Within any consecutive three hundred sixty five (365) day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the initial improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". For the purpose of this title, "historic structure" shall be as defined in 44 code of federal regulations, part 59.1.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space, such as retailing activities, the production or processing of goods, or to business or professional offices. However, the floor area shall not include: basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, to business or professional offices, or to residential uses in multiple-family residential buildings. The floor area of a residence shall not include the cellar area.
FLOOR AREA RATIO OR FAR: The ratio, expressed as a decimal fraction, of total floor area of all floors in a building to the total lot area.
GARAGE, PRIVATE RESIDENTIAL: An accessory building or accessory portion of the principal building which is intended for and used for customary residential storage for private passenger vehicles, recreational vehicles and equipment, and noncommercial trucks not exceeding twelve thousand (12,000) pounds’ gross weight, for the family residing upon the premises.
GOVERNING BODY: The Moorhead city council.
GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5') from the building, between the building and line five feet (5') from the building.
GRADING: Changing the natural or existing topography of land.
GROWTH AREA PLAN: A master plan for areas of the community that are planned for urban services (sewer and water) within a five (5) to twenty (20) year time period. Such plans outline in greater detail than the comprehensive plan systems for major roadways, parks and open spaces, trail linkages, stormwater systems and land use patterns. Growth area plans are an implementation tool of the comprehensive plan.
HEALTH CLUB: A facility which provides athletic activities such as tennis, handball, racquetball, track, basketball, exercise devices, etc., and such incidental services as whirlpool, sauna or massage service for members and guests.
HEIGHT, ACCESSORY BUILDING OR STRUCTURE: The vertical distance measured from the grade plane to the base of a primary side wall roof truss.
HEIGHT, PRINCIPAL BUILDING OR STRUCTURE: The vertical distance measured from grade plane to the average height of the highest roof surface of the building or structure.
HOME CARE AND ASSISTED LIVING FACILITIES: Home care, housing with services, assisted living and other housing service based establishments licensed by the state of Minnesota department of health and/or department of human services.
HOME OCCUPATION: A permitted occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.
HOTEL: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guestrooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly.
HOUSING SHELTER; TEMPORARY HOUSING: A facility operated by the public or a nonprofit charitable group or institution which provides one or more transient/homeless persons with lodging and meals for short periods of time in a place other than a person's own home.
IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, storage areas; and concrete, asphalt, or gravel parking lots and roads. The city may establish standards for exemptions or modifications to impervious surface area as applied to pavers, pervious concrete or other materials that allow some degree of stormwater infiltration.
IMPERVIOUS SURFACE AREA: The number of square feet of horizontal surface covered by buildings and other impervious surfaces. All building measurements shall be made between exterior faces of walls, foundations, columns or other means of support or enclosure.
IMPOUND LOT: A place where impounded automobiles or trucks are temporarily stored or kept in open space and/or within buildings. Does not include a salvage yard.
IMPOUNDED VEHICLES:
A. Any motor vehicle, trailer, motorcycle or other vehicle which constitutes an "abandoned motor vehicle" within the meaning of Minnesota statutes 168B.
B. Any motor vehicle, trailer, motorcycle or other vehicle which has been towed or hauled at the direction of the Moorhead police department or any other law enforcement agency as a result of a criminal, traffic or parking violation occurring within the city.
C. Any motor vehicle, trailer, motorcycle or other vehicle towed or hauled at the request of the owner or person in possession of private property because of improper parking or parking without permission upon such premises.
D. Any motor vehicle, trailer, motorcycle or other vehicle towed or hauled at the direction of the Moorhead police department or any other law enforcement agency for any other reason other than accident, except vehicles towed to a bona fide auto repair business for the purposes of mechanical repairs to be made at such business.
E. Any motor vehicle, trailer, motorcycle or other vehicle which has been towed or hauled from outside the city into the city for any of the reasons listed in subsections A through D inclusive, of this definition.
JUNKYARD: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled; including, but not limited to, scrap iron and other materials, paper rags, rubber, tires, lumber, and bottles. A junkyard includes an auto wrecking yard, but does not include uses established entirely within closed buildings or sanitary landfills. See definitions of Automobile Wrecking Or Junkyard and Salvage Yard.
KENNEL: Any lot, premises, dwelling or dwelling unit in which four (4) or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit. Kennel shall also include the commercial boarding of any permitted animal in the city other than at pet shops, veterinary clinics or animal shelters.
KENNEL, DAYCARE: An establishment licensed to operate a facility housing dogs, cats and/or other household pets and where grooming, boarding, and/or training, of animals is conducted.
LAND RECLAMATION: The process of the reestablishment of acceptable topography (i.e., slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.
LANDSCAPING: Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.
LIVESTOCK: Any animals or poultry or other fowl except dogs, cats and birds owned by the resident of the premises and kept as pets but not for commercial sale except incidental to their character as pets.
LOADING SPACE: A space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
LOT: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.
LOT AREA: The total land area of a horizontal plane within the lot lines.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135o).
LOT DEPTH: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear, except where the front or rear line is curved, the distance between midpoints so measured shall not fall outside the lot itself.
LOT FRONT: The front of a lot shall be considered to be that boundary abutting a public right of way having the least width. In a through lot where the lot abuts a limited access street, the front of the lot will be on the street opposite from the limited access street.
LOT IMPROVEMENT: Any building, structure, place, work of art or other object, or improvement of the land on which it is situated constituting a physical betterment of real property, or any part of such betterment.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right of way.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot 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 OF RECORD: Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's outlot or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for Clay County, Minnesota, prior to the effective date of this title.
LOT, SUBSTANDARD: A lot or parcel of land for which a deed has been recorded in the office of the Clay County recorder upon or prior to the effective date of this title which does not meet the minimum lot area, structure setbacks or other dimensional standards of this title.
LOT, THROUGH: A lot fronting on two (2) nonintersecting streets.
LOT, UNIT: Lots created from the subdivisions of a two-family dwelling having different minimum lot size requirements than the conventional base lots within the zoning district.
LOT, WIDTH: The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth.
MANUFACTURED BUILDING: A manufactured building (or prefabricated structure) is any structure manufactured in accordance with the requirements of the Minnesota prefabricated structures and manufactured building code.
MANUFACTURED HOME LOT: A section of ground in a manufactured home park designated as the location of one housing unit, and all other necessary improvements required by this title.
MANUFACTURED HOME (or PREFABRICATED HOME or TINY/MICRO HOME): A structure, transportable in one or more sections, which may or may not be built on a permanent chassis designed to be used as a dwelling with or without permanent foundation that meets Minnesota Building Codes for Prefabricated Buildings or Industrialized/Modular Buildings or HUD Manufactured Homes.
MANUFACTURED HOME PARK: Any parcel designed, improved, maintained or intended for the purpose of supplying a location for manufactured home dwelling units.
MASSAGE: The rubbing, stroking, kneading, tapping or rolling of the body with the hands for the exclusive purposes of relaxation, physical fitness or beautification, and for no other purposes, for a fee or for compensation, direct or indirect.
MASSAGE PARLOR: The place of business or location where the practice of massage is carried out.
MEDICAL AND DENTAL CLINICS: A structure intended for providing medical and dental examinations, pharmacies and other medical service available to the public. This service is provided without overnight care available.
MEMBERSHIP ORGANIZATIONS: An association of persons, whether incorporated or not incorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.
METES AND BOUNDS DESCRIPTION: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.
MINERALS: Soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.
MINING: All or part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.
MIXED USE (HORIZONTAL): Mixed use that is horizontal in nature, includes two (2) or more uses that are located on the same parcel and are connected through design by either a pedestrian corridor, shared parking facility or other functional or physical design feature.
MIXED USE (VERTICAL): Mixed use that is oriented in a vertical or "stacked" orientation is defined as a development with two (2) or more significant income producing uses with functional and physical integration. In most cases, income producing uses include housing, retail, office or lodging facilities. Functional or physical integration includes a design pattern that seeks to share common spaces and features of a development such as, parking and open space.
MOTEL/MOTOR HOTEL: A building or group of detached, semidetached or attached buildings containing guestrooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located next to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.
MOTOR FUEL STATION: A place where motor fuels, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, including minor accessories and services for automobiles, and one stall car washes provided at least three (3) stacking spaces are provided for cars, but not including automobile major repairs and rebuilding.
MOTOR VEHICLE: A self-propelled vehicle that does not run on rails.
NONCOMMERCIAL OPINION SIGNS: A sign which does not advertise products, goods, businesses or services and which expresses an opinion or other point of view. An electric sign may not be used in residential districts as a noncommercial opinion sign.
NONCONFORMING STRUCTURE, USE OR LOT; ILLEGAL: A building, structure, premises, lot or use unlawfully established and in violation of regulations applicable at the time of development or initiation.
NONCONFORMING STRUCTURE, USE OR LOT; LEGAL: A building, structure, premises, lot or use lawfully established prior to the adoption of this title or any amendment thereto which does not now conform with the applicable conditions or provisions of this title for the district in which the structure or use is located.
NOXIOUS MATTER OR MATERIAL: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well being of individuals.
NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants and shrubs.
OCCUPANCY: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
OFF STREET PARKING SPACE: An area of such shape and dimensions as provided by this title, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.
OPEN SALES LOT: Land devoted to the display of goods for purchase, sale, rent, lease or trade where such goods are not enclosed within a building, and for the storage of same prior to sale.
OPEN SPACE: Any open area not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalks, schoolwalks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, ground water recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland and soils with severe limitation for development.
OPEN STORAGE: Storage of material outside of a building.
OUTLOT: A lot remnant or parcel of land left over after platting, which is intended as open space or other future use, for which no building permit shall be issued.
OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.
OVERBURDEN: The earth, rock and other materials that lie above a natural deposit of mineral.
OWNER: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property.
PARCEL: An individual lot or tract of land.
PARKING LOT: An enclosed or unenclosed area used for the temporary parking of four (4) or more motor vehicles.
PARKING, SHARED: The development and use of a parking space or parking lot by two (2) or more separate businesses.
PARKING STALL: A space or area that is permanently reserved and maintained for the parking of one motor vehicle.
PARTY WALL/COMMON WALL: A wall which divides two (2) independent structures by a fire wall which can be placed along a zero-lot line (zero-foot interior side yard setback).
PERFORMANCE STANDARD: Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.
PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts.
PERSON: Any individual or legal entity.
PLANNED UNIT DEVELOPMENT:
A. As a conditional use permit, a development procedure whereby internal site design standard deviations from this title may be allowed in order to accommodate two (2) or more principal structures and/or facilities and/or to improve site design and operation.
B. As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this title, and/or whereby internal site design standard deviations from this title may be allowed to improve site design and operation.
PLANNING COMMISSION: The Moorhead planning commission.
POLE BUILDINGS: Any structure possessing the following characteristics: structural wood poles or timbers buried inground on individual footings; metal wall coverings hung vertically of less than 28-gauge. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities or any similar structure not covering or enclosing a specific area.
PREFABRICATED HOME: See definition of Manufactured Home (Mobile Home).
PREFABRICATED STRUCTURE: See definition of Manufactured Building.
PROJECTING ELEMENTS: Any features of a building or structure that extend beyond walls or roof. Examples include chimneys, sills, eaves, gutters, entryways, balconies, decks, porches, open fire balconies, open fire escapes, window wells, stairs, stoops and ramps. Ground- mounted projections may not encroach into easements.
PROTECTIVE COVENANTS: Contracts entered into between all owners and holders of mortgages constituting a restriction on the use of property within a subdivision for the benefit of the property owners.
PROVISIONAL USES: Uses that are permitted as of right provided they meet certain specific approval criteria as stipulated in this title.
PUBLIC USES: Uses owned or operated by municipal, school districts, county, state or other governmental units.
PUBLIC WATERS: Any waters of the state which serve a beneficial public purpose, as defined in Minnesota statutes, not including, however, a lake, pond or flowage of less than ten (10) acres in size or a river or stream having a total drainage area less than two (2) square miles. In addition, bodies of water created by private users, where there was not previous shoreland (for a designated private use authorized by the commissioner of natural resources) shall also not be considered public waters. The official determination of the size and physical limits of the drainage areas of rivers and streams shall be made by the commissioner of natural resources. The official size of lakes, ponds, or flowage shall be the areas listed in the division of waters, soils and minerals bulletin 25, an inventory of Minnesota lakes, or in the event that lakes, ponds or flowage are not listed therein, official determination of size and physical limits shall be made by the commissioner in cooperation with the city of Moorhead.
PUBLICATION: Notice placed in the official city newspaper stating time, location and date of meeting and description of the topic.
RECREATION FIELD OR BUILDING: An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this title.
RECREATIONAL VEHICLE: See definition in title 9, chapter 8 of this code.
RELIGIOUS INSTITUTIONS: Religious uses and buildings, together with their accessory uses and buildings, where persons regularly assemble for religious worship and other purposes.
RESTAURANT: An establishment which serves food to be consumed primarily while seated at tables or booths within the building.
RETAIL: The sale of items in small quantities directly to the consumer.
SALVAGE YARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; including, auto wrecking yards, house wrecking yards, used material yards, but not including, pawnshops, antique shops, purchase or storage of used furniture and household equipment or the selling of used cars in operable condition. See also definitions of Automobile Salvage Yard.
SCHOOL: A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the state of Minnesota, and not providing residential accommodations.
SELF-SERVICE STORAGE FACILITY: A commercial building or group of buildings that contain varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customers' goods or wares.
SEMIPUBLIC USE: Uses owned by private or private nonprofit organizations which are open to some, but not all, of the public, such as private schools, membership organizations, recreation facilities, religious institutions, and the like.
SEPTIC SEWER SYSTEM: A septic sewer disposal system consists of: septic tank, absorption field or standard trenches or a dry well, house sewer and outlet sewer. In the septic tank, bacterial action breaks down sewage. Standard trenches or a dry well handles final disposal of liquid from the septic tank. The house sewer brings wastes to the tank and the outlet sewer carries sewage liquids (effluent) from the absorption field.
SETBACK: The minimum horizontal distance between a structure and the property line nearest thereto; within shore land districts it shall also mean the minimum horizontal distance between a structure or a sanitary facility and the normal high water mark. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.
SHOPPING CENTER: An integrated grouping of commercial stores, under single ownership or control.
SIGN: Any letter, word, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication whether painted, pasted, printed, affixed or constructed which is displayed outdoors for informational or communicative purposes. It shall include, but not be limited to, the following types and purposes of signs: advertising, area identification, business, directional, flashing, freestanding, illuminated, institutional, nameplate, pylon, rotating, swinging, temporary and traffic control.
SITE PLAN: A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, and walkways, as related to a proposed development.
SLOPE: The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
SOLAR ENERGY SYSTEM: Any solar collector or other solar device or any structural design of a building whose primary purpose is to collect, convert and store solar energy for useful purposes including heating and cooling of buildings, domestic water heating, electric power generation and other energy using processes.
STACKING AREA: That area which allows for a line of automobiles in such instances as drive-up tellers and other vehicle service areas.
STREET: A public right of way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.
STREET PAVEMENT: The wearing or exposed surface of a street or roadway used by vehicular traffic.
STREET WIDTH: The shortest distance between the curb lines of a street.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE, PARKING: A building or portion of a building, except any herein defined as a “private residential garage”, used for the storage of motor vehicles.
STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include buildings, manufactured homes, walls, fences, swimming pools, billboards and poster panels.
SURVEYOR: A land surveyor registered under Minnesota state laws.
TEMPORARY FAMILY HEALTHCARE DWELLING: A mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of Minnesota statutes 462.3593.
TINY OR MICRO HOME: See definition of Manufactured Home.
TRANSPORTATION TERMINAL: Taxi, air, train, bus and mass transit terminal and storage areas.
TRUCK STOP: A motor fuel station devoted principally to the needs of trucks and which shall include eating and/or sleeping facilities.
USABLE OPEN SPACE: A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space.
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, and shall include the performance of such activity as defined by the performance standards of this title.
VARIANCE: A relaxation of the terms of the zoning ordinance where such deviation will not be contrary to the public interest and where, owing to conditions unique to the individual property under consideration and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance shall not be permitted for the establishment or expansion of a use.
VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment and medical care of animals including animal or pet hospitals.
WAREHOUSING: The storage of materials or equipment within an enclosed building.
WATER BODY: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
WATERSHED: The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WETLANDS: An area where water stands near, at, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:
A. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrubland, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7 and 8 described by the United States fish and wildlife services, circular 39, wetlands of the U.S., 1956.)
B. Mineral soils with gley horizons or organic soils belonging to the histosol order (peat and muck).
C. Soil which is waterlogged or covered with water at least three (3) months of the year.
Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands, and such property, may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is designed to convert wind power to another form of energy such as electricity, mechanical or heat (also referred to by such common names as wind charger, wind turbine and windmill).
YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and main building shall be used.
YARD, DEPTH OF: The mean horizontal distance between the line of a building and the lot line.
YARD, FRONT: A yard extending along the full length of a front lot line between side lot lines and to the depth of the front building line of the principal building.
YARD, INTERIOR SIDE: A yard between the principal or accessory building and the side lot line extending from the front yard to the rear yard.
YARD, REAR: A yard extending between the rear line of the principal or accessory building and the rear lot line and extending the full width of the lot.
YARD, REQUIRED: That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.
YARD, STREET SIDE: A corner lot yard adjacent to the street that is not the front yard between the principal or accessory building and the side lot line extending from the front yard to the rear yard.
ZERO LOT LINE (ZERO-FOOT INTERIOR SIDE YARD SETBACK): The reduction of an interior side yard setback requirements to zero, permitting the placement of a structure near or adjacent to the interior side yard lot line. With zero lot line, no portion of the structure or accessory appurtenance shall project over the lot line.
ZONING ADMINISTRATOR: The duly appointed officer charged with the administration and enforcement of this title.
ZONING AMENDMENT: A change authorized by the city either in the allowed use within a district or in the boundaries of the district.
ZONING DISTRICT: An area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this title.
ZONING DISTRICT OVERLAY: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.
ZONING DISTRICT UNDERLYING: All zoning districts except overlay zoning districts.
ZONING MAP: The map or maps incorporated into this title as part thereof, designating the zoning districts. (Ord. 2004-40, 1-3-2005; amd. Ord. 2005-31, 12-5-2005; Ord. 2006-27, 9-5-2006; Ord. 2006-36, 1-2-2007; Ord. 2007-3, 3-5-2007; Ord. 2008-26, 12-8-2008; Ord. 2008-28, 1-12-2009; Ord. 2010-9, 8-23-2010; Ord. 2012-1, 2-27-2012; Ord. 2013-08, 6-24-2013; Ord. 2016-17, 10-11-2016; Ord. 2016-21, 12-12-2016; Ord. 2019-05, 5-28-2019; Ord. 2020-08, 8-24-2020; Ord. 2022-06, 3-28-2022; Ord. 2024-01, 3-25-2024; Ord. 2024-03, 7-22-2024; Ord. 2024-04, 6-24-2024)