For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and is not discretionary.
ACCESSORY USE OR STRUCTURE. A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure.
BASEMENT. Any area of a building or structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the city code that the City Council may allow, but only after an in-depth review and with conditions or restrictions as provided in the city code and upon a finding that:
(1) Certain conditions as detailed in the city code exist; and
(2) The structure or land use conforms to the city’s Comprehensive Plan and if the city decides the proposed use is compatible with nearby land uses and with the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream, creek or watercourse are capable of conveying a proportionate share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream, creek or watercourse or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency that a person can expect that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The part of the floodplain outside of the floodway. The term FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for Ramsey County, Minnesota (all jurisdictions).
FLOODPLAIN. The channel or beds proper of a stream, creek or watercourse and the areas adjoining a wetland, lake or watercourse that a regional flood has or hereafter may cover.
FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain that is reasonably required to carry or store the regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including a basement). The city does not consider an unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement area as the building’s LOWEST FLOOR.
MANUFACTURED HOME. A structure, transportable in one or more sections, that is built on a permanent chassis and is designed and constructed 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.
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 floodplain that may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.
PRINCIPAL USE OR STRUCTURE. The main or primary use of land or buildings that are not subordinate accessory uses or structures.
REACH. A hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATIONAL VEHICLE.
(1) A vehicle that is:
(a) Built on a single chassis;
(b) Four hundred square feet or less of floor area when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
(2) For the purposes of this chapter, the term RECREATIONAL VEHICLE shall be synonymous with the term TRAVEL TRAILER/ TRAVEL VEHICLE.
REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what a person could expect to occur on an average frequency in the magnitude of the 100-year recurrence interval. The term REGIONAL FLOOD is synonymous with the terms BASE FLOOD, 1% ANNUAL CHANCE or 100-YEAR FLOOD ELEVATION.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
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 § 154.043(C) of this chapter and other similar items.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to the condition before the damage occurred would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage”, regardless of the actual repair work performed. The term does not include however, any:
(1) Project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official or other city official and are the minimum necessary to assure safe living conditions; or
(2) Alteration of an “historic structure”, if the alteration would not preclude the structure’s continued designation as an “historic structure”. For the purpose of this chapter, “historic structure” shall be as defined in 44 C.F.R. § 59.1. (There are no known historic structures in the city.)
VARIANCE. A modification of a permitted development standard required in the city code (including this chapter) to allow an alternative development standard not stated as acceptable in the city code, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, as defined in the city code.
(Prior Code, § 1301.02)