For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY RECREATIONAL BUILDING. An accessory building or accessory portion of the principal building which is intended for and used for relaxation, private interests or hobbies, and/or amusement-type activities of the family or families resident upon the premises but not intended for or used to store private passenger vehicles. Activities undertaken in accessory recreational buildings shall not adversely affect the use and enjoyment of surrounding properties.
ACCESSORY USE, or ACCESSORY STRUCTURE, or ACCESSORY BUILDING. A use or structure, building, or portion of a structure or building subordinate to and serving the principal use structure on the same lot and customarily incidental thereto.
AGRICULTURAL. The art or science of cultivating the soil and activities incident thereto; the growing of soil crops in the customary manner on open tracts of land; farming. The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished off the public right-of-way. The term shall include the accessory keeping or raising of animals pursuant to applicable health and safety requirements and particularly in conformity with § 156.036.
ALLEY. A public right-of-way less than 30 feet in width which provides secondary access to abutting property.
APARTMENT. A part of a building consisting of a room or suite of rooms which is used for a semi-permanent residence for one family or an individual and equipped with cooking facilities, other than a boarding or lodging house, motel or hotel.
APARTMENT BUILDING. Three or more apartments grouped in one building where each apartment is accessed from a common hallway connecting to shared building entrances.
AUTOMOTIVE SERVICE STATION. Any building or premises principally used for the dispensing or sale of automotive fuels (including diesel), lubricating oil, grease, tires, batteries, or minor automotive accessories. Services offered may include minor installations, adjustments or repairs. When sales, service, and repair are offered as the principal use, such premises shall be classified as a public garage. Automotive service stations shall not operate truck, car or trailer rental or an automobile wash without a conditional use permit.
BASEMENT. A portion of a building having ½ or more of its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST. An owner-occupied single-family residence which provides lodging and meals to registered guests.
BUILDING. Any structure having a roof which may provide shelter or enclosure of persons or property of any kind.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade along the building edge to the highest point of the roof surface.
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 the right-of-way line, except that an overhang portion of the roof not exceeding 24 inches may be permitted.
CAMP GROUND. Public or private land or premises used or occupied for compensation by campers.
CAR OR TRUCK WASH OR LAUNDRY. A building, or portion thereof, containing facilities for washing automobiles or trucks.
CONDITIONAL USE. A use having special circumstances pertaining to its location or operation which may be permitted in a district subject to approval by the City Council and is subject to conditions approved by the City Council.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the Construction Inspector or his or her designee shall establish such curb level or its equivalent for the purpose of this chapter.
DEPTH OF LOT. The horizontal distance between the front street right-of-way line and the rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width.
DISTRICT and ZONING DISTRICT. A section of the city for which the regulations governing the use of land and improvements thereon are the same. The word DISTRICT shall include the word ZONING DISTRICT, and the word ZONING DISTRICT shall include the word DISTRICT as defined and regulated herein.
DRIVE-IN. Any use providing the opportunity of selling, serving, or offering goods or services directly to customers waiting in vehicles or customers who return to their vehicles to consume or use the goods or services while on the premises of the principal use.
DRIVEWAY. A minor private way used by vehicles and pedestrians on an individual lot or parcel of land.
DWELLING. A building designed or used exclusively for residential occupancy but not including hotels, motels or bed and breakfast.
DWELLING UNIT. One or more rooms in a dwelling or other building designed for occupancy by one family for living purposes and having its own permanently installed cooking, sanitary facilities and separate identifiable access and complying with applicable residential building codes.
DWELLING - ATTACHED. A dwelling joined to other dwellings by a party wall or walls, including but not limited to such common references as townhouse, twin home, and row house.
DWELLING, CONDOMINIUM. A multiple family dwelling in which the dwelling units are separated by a party wall and which dwelling units are designed and intended to be owned separately in fee under the condominium statutes of the state.
DWELLING, DETACHED. A single-family dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MANUFACTURED, MOBILE HOME. A structure, transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, it is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under M.S. Ch. 327.31, as it may be amended from time to time, and which structure conforms to the requirements of the Manufactured Home Building Code. Any structure which is smaller than the above dimensional requirements shall be known as a “recreational camping vehicle” pursuant to the definitions of M.S. Ch. 327.14, Subd. 7, as it may be amended from time to time.
DWELLING, MANUFACTURED, MODULAR. A housing unit that is basically fabricated at a factory and transported in sections to a building site where final assembly and installation of such components is completed to permanently affix the module to the site and thereby create a non-mobile housing unit conforming to the Minnesota State Building Code.
DWELLING, MANUFACTURED, PREFABRICATED. A housing unit with the walls, floors and ceilings constructed at a factory and which are transported to a building site where final assembly and installation of such component is completed to permanently affix the unit to the site and thereby create a non-mobile housing unit conforming to the Minnesota State Building Code.
DWELLING, MULTIPLE FAMILY. A dwelling designed for or intended for or containing 3 or more dwelling units, including but not limited to such common references as apartment buildings and condominiums.
DWELLING, SINGLE FAMILY. A dwelling designed for and used for occupancy by one family.
DWELLING, TWIN HOME. Two single family attached dwellings located on individual lots in such a manner that the common party wall is located on the common side lot line.
DWELLING, TWO FAMILY. A dwelling designed or intended exclusively for occupancy by 2 families living independently of each other and commonly referred to as a duplex. Also referring to a single family dwelling plus a single apartment.
DWELLING, ZERO LOT LINE. A single family dwelling attached by party walls with other single family dwellings in such a manner that the common party wall(s) is located on the common lot line(s), including but not limited to such common references as twin homes.
EARTH SHELTERED. Constructed so that 50% or more of the exterior surface is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structures lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations of earth covering. An EARTH SHELTERED building must satisfy the building code standard promulgated pursuant to M.S. § 16B.61, as it may be amended from time to time. Partially completed buildings shall not be considered earth sheltered.
EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
EXTRACTION AREA. Any non-agricultural artificial excavation of earth exceeding 50 square feet of surface area of 2 feet in depth, excavated or made by the removal from the natural surface of the earth, or 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 2 or more persons related by blood, marriage, or adoption, or a group of not more than 5 unrelated persons, living together as single housekeeping unit within a dwelling unit as distinguished from individuals or a group occupying a hotel, motel, club, lodge, sorority, fraternity, or dormitory.
FAMILY - TRADITIONAL. One or more persons related by blood or marriage residing in a single dwelling unit.
FAMILY - FUNCTIONAL. A collective group of unrelated persons residing in a single dwelling unit, limited to not more than 2 adult persons, together with their traditional family members of any age.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of walls, including basements and accessory buildings on the same zoning lot.
FLOOR AREA (LIVABLE). The same as FLOOR AREA except its application is limited to dwellings. It is measured from the interior faces of the interior walls and excludes all unoccupied cellars, garages, porches, attics, stairways, basements, storage, utility, heating rooms and similar areas.
GARAGE, PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.
GARAGE, PUBLIC. Any premises used for the storage or care of motor vehicles or premises where any such vehicles are equipped for operation, are repaired, or are kept for remuneration, for hire, or for sale. Any sale of gasoline, oil, and accessories are only incidental to the principal use.
GARAGE, TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding 1-1/2 ton capacity.
GRADE, GROUND. The average of the natural ground elevation within a 200-foot radius within the buildable envelope of a lot or lots.
GRADE, STREET. The elevation of the established street in front of the building measured at the center of such front. The Zoning Administrator or his or her designee shall establish such street grade or its equivalent for the purposes of this chapter.
HOME OCCUPATION. Any occupation which is clearly secondary to the main use of the premises as a dwelling and does not substantially change the character thereof or have any substantial exterior evidence of such secondary use.
HOTEL. A building or portion thereof occupied as a lodging place for persons who are lodged with or without meals and in which there are more than 10 sleeping rooms.
LANDSCAPING. The enhancement of the appearance of land by altering its contours, including the planting of trees, shrubs and flowers or installation of rock, bricks or mulch. Rock or brick referenced here include those used as edging for landscaped areas. Patios, walkways, or other paved areas consisting of rock or brick are not considered landscaping under this definition.
LICENSE or PERMIT. A written license or permit issued by the city under the provisions of this chapter.
LOT. One unit of a recorded plat or subdivision of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this chapter and having its principal frontage upon a public street or officially approved access.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each unit in a dwelling, providing residence for one family.
LOT, CORNER. Any lot situated at the junction of and fronting on 2 or more streets.
LOT COVERAGE. The area of a zoning lot occupied by the principal buildings and accessory buildings measured as a percentage of the total area of the zoning lot.
LOT, DOUBLE FRONTAGE. A lot having frontage on 2 streets.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. The lines bounding a lot as defined herein. When a lot line abuts a street or alley, such lines shall also be street or alley lines.
LOT LINE, FRONT. That boundary of a lot which abuts a public street, and, in the case of a double frontage lot or a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a double frontage lot or a corner lot are equal, the front lot line shall be designated by the owner and filed with the Zoning Administrator.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet 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 WIDTH. The width of a lot is its width measured at the front setback line.
LANDSCAPING. Plantings such as trees, grass, and shrubs.
MOTEL. A combination or group of 2 or more detached, semi-detached or connected permanent buildings that are used for overnight transient living accommodations and are oriented toward travelers parking their automobiles.
NONCONFORMING USE. Any pre-existing structure or previously permitted use of land which is inconsistent with the current provisions of this chapter or any amendment thereto.
NUISANCE.
(1) PRIVATE NUISANCE. Any wrongful action, which destroys or deteriorates the property of an individual or interferes with the person’s lawful use or enjoyment of the property.
(2) PUBLIC NUISANCE. Maintaining a public nuisance by act, or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare. A miscellaneous and diversified group of minor criminal violations, based on some interference with the interests of the community or the comfort and convenience of the general public may rise to the level of a “public nuisance.” To be considered public, the nuisance must affect
an interest common to the general public. The activity must be harmful to the public; create an interference in the use of away of travel; prevent the public from the peaceful use of their land and the public streets; or must affect a common interest of the general public.
NURSING HOME. A facility for the care of the aged or disabled.
OFF-STREET LOADING SPACE. A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of size as to accommodate 1 vehicle of the type typically used in the particular business.
OFF-STREET PARKING SPACE. A land area exclusive of driveways of such shape and dimensions and so prepared as to be usable for the parking of motor vehicles, trailers, boats, campers and recreational vehicles.
OPEN SALES LOT. Any land used or occupied for the purpose of buying and selling any vehicles, goods, materials or merchandise and for the storing of same under the open sky prior to sale. The words OPEN SALES LOT shall include the words EXTERIOR STORAGE as defined herein.
OVERHANG. Portion of a roof which projects beyond the main structure.
PLANNED UNIT DEVELOPMENT or PLANNED DEVELOPMENT. A large lot or tract of land developed as a unit rather than as individual development wherein 2 or more buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries.
POOL HOUSE or CABANA. An accessory building located near a private swimming pool which is intended for and used to store pool related accessories including equipment necessary for pool operation, recreational equipment used in the pool, and other similar-type pool-related equipment while also including elements intended for pool-side relaxation, and/or pool related amusement-type activities.
PREFABRICATED DWELLING. See Dwelling, Manufactured, Prefabricated.
PRINCIPAL STRUCTURE OR USE. The purpose of activity for which the land or structure thereon is designed, arranged or intended, or for which it is actually occupied or maintained.
PUBLIC OPEN SPACE. Any publicly owned open area, including but not limited to the following: parks, playgrounds, school sites, parkways and streets.
RETAINING WALL. A structure made of masonry, stone, brick, concrete or timber that holds back soil, rock or landscaping material from a building, structure or area to prevent downslope movement or erosion and provide support for vertical grade changes.
ROW HOUSE. A group or row of dwellings which are joined by party wall or walls.
SETBACK. The horizontal distance between the property lines of and the allowable building lines as defined by the yard regulations of this chapter.
SOLAR COLLECTOR. Any device that is employed in the collection of solar energy for heating and/or cooling of a structure, building or water.
SOLAR ENERGY. Radiant energy received from the sun.
SOLAR ENERGY SYSTEM. A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes, including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar-generated energy.
SPORTS COURT or ATHLETIC COURT. An outdoor area paved with asphalt, concrete, or similar hard surface material (not including driveways, patios, or pools and not to be used as hard surface parking for any vehicle as defined by Minnesota State Statutes) intended for athletic purposes including, but not limited to, basketball, tennis, handball, and racquetball.
STORAGE or UTILITY SHED. An accessory structure, either freestanding or attached to another structure, that is not classified for human habitation or occupancy and is intended to be used to store personal property.
STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY-HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, on at least 2 opposite exterior-walls, are not more than 2 feet above the floor of such story.
STREET. A public right-of-way which affords a principal means of access to abutting property and which has been accepted by the city as a public way.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground; or attached to something having a permanent location on the ground.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, which alters bearing walls, columns, beams, girders, foundations or other structural elements.
TOWNHOUSE. A single family dwelling attached by party walls with other single family dwellings in such a way that all exits open to the outside.
TRAIL. A private means of access to abutting property.
UNRELATED INDIVIDUALS. Two or more individuals who are not related by blood, marriage, or adoption. For the purposes of this chapter, RELATED BY BLOOD shall mean whole or half relation between a common ancestor or descendant, husband, wife, son, daughter, father, mother, brother, sister, uncle, aunt, niece, nephew, stepchildren, legally adopted children, grandmother, grandfather, state assigned foster children, first cousin, or any combination of the above persons.
USE. The purpose for which land, premises or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
USED FOR. Shall include the phrases ARRANGED FOR, DESIGNED FOR, INTENDED FOR, MAINTAINED FOR, and OCCUPIED FOR.
VARIANCE. A modification or variation of the provisions of this chapter where it is determined that by reason of special and unusual circumstances relating to a specific lot, strict application of the ordinance would cause undue hardship or that strict conformity with the provisions of this chapter would be unreasonable, impractical or unfeasible under the circumstances.
WIND ENERGY CONVERSION SYSTEM (WECS). Any device that converts wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine, and windmill.)
YARD. An open space unoccupied by structures and exclusive of accessory uses except as may be otherwise permitted by this chapter.
YARD, FRONT. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest point on the front building setback line. The front yard depth shall be measured from an existing or future street right-of-way line on which the lot fronts.
YARD, REAR. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the rear building setback line.
YARD, SIDE. A yard between the side line of the lot and the side building setback line.
YARD TRANSITIONAL. A front, rear or side yard that may be required where any lot line coincides with any residential zoning district lot line, or where the extension of a front or side lot line coincides with a front lot line of any residential district lot line. The transitional yards shall be required where such properties are separated by a public street, alley, or highway right-of-way of less than 100 feet in width. Such yards required shall not be less than that which would be required under this chapter for a residential use on the adjacent residential lot.
(1975 Code, § 11.03) (Am. Ord. 3, passed 3-2-1981; Am. Ord. 5, passed 3-16-1981; Am. Ord. 13, passed 7-6-1981; Am. Ord. 21, passed 4-8-1982; Am. Ord. 23, passed 8-16-1982; Am. Ord. 24, passed 10-18-1982; Am. Ord. 29-82, passed 12-6-1982; Am. Ord. 37, passed 8-15-1983; Am. Ord. 214, 3rd Series, passed 4-15-2002; Am. Ord. 17, 4th series, passed 1-17-2008)