The following terms, as used in this chapter, shall have the meanings stated. All measured distances expressed in feet shall be to the nearest tenth of a foot. In the event of conflicting provisions in this chapter, the more restrictive shall apply. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT/ABUTTING. Contiguous; having a common boundary, wall, or property line.
ACCESS. The place, means or way by which pedestrians or vehicles have ingress or egress to a property or parking area.
ACCESSORY, STRUCTURE. See 'Building or Structure, Accessory'.
ACCESSORY USE. See 'Use, Accessory'.
ADAPTIVE REUSE. Rehabilitation or renovation of existing building(s) or structures for any use(s) other than the present use(s).
ADDITION. A part added to a building either by constructing so as to form one architectural whole, or by joining, as by a passage, so that each is a necessary adjunct of the other or so that they constitute the same building.
ADULT DAY CARE. A program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care.
ADULT USES. Any of the activities and businesses described below constitute ADULT USES which are subject to the regulations of this chapter.
(1) ADULT BOOK AND MEDIA STORE. An establishment having a substantial portion of its stock in trade or stock on display (15% or more) consisting of books, magazines, films, videotape or other media of which are characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(2) ADULT THEATER. An enclosed building with a capacity for seating 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(3) ADULT MINI THEATER.
(a) An enclosed building with a capacity for seating less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(b) Any business or building which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for viewing on the premises, including but not limited to private booths, peep booths, viewing by means of coin operated or other mechanical devices and the viewing of excerpts of motion pictures offered for sale or rent.
(4) ADULT STORES. An enclosed building where more than 30% of the floor area devoted to display and sales of merchandise consist of materials, paraphernalia and games which are intended to be used in conjunction with or that describe "specified sexual activities" or "specified anatomical areas."
(a) SPECIFIED SEXUAL ACTIVITIES means any of the following:
1. Human genitals in the state of sexual stimulation or arousal;
2. Acts or explicit representations of acts or actual or simulated human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
3. Fondling or erotic touching of human genitals, pubic region, buttock or female breast;
4. Excretory functions as part of or in connection with any activities set forth above.
(b) SPECIFIED ANATOMICAL AREAS are any of the following:
1. Human genitals, pubic region or pubic hair; buttock and female breast below a point immediately above the top of the areola, which are less than completely and opaquely covered; and
2. Human male genitals in a discernible turgid state, even if opaquely covered.
(5) NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(6) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(7) ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
(8) ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear seminude or in a state of nudity; or
(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(c) Films, motion pictures, videocassettes, slides, compact disks, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(9) ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(10) ADULT MASSAGE PARLOR. A massage parlor which excludes minors by reason of age, or which provides, for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(11) ADULT MOTEL. A hotel, motel, or similar commercial establishment in which at least one of the following occurs:
(a) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than ten hours or an hourly basis; or
(c) Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours or an hourly basis.
(12) ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides, for any form of consideration, a steam bath or heated bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(13) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
AFFORDABLE HOUSING. Housing for which the occupant(s) is/are paying no more than 30% of his or her income for gross housing costs, including utilities.
ALLEY. See 'Street-Alley'.
ALTERATION. Any construction or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a mechanical system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit.
ALTERNATIVE ENERGY SYSTEMS.
ACCESSORY. A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on- site consumption.
ALTERNATIVE ENERGY SYSTEM. A source of energy such as geothermal, wind or solar alternative to more traditionally fossil fuels or combustible energy producers.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an
integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building, including but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
CLOSED LOOP GROUND SOURCE GEOTHERMAL SYSTEM. A system that circulates a heat transfer fluid, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water whereby the temperature of the surrounding earth or water is transferred to the structure at the ground surface.
GEOTHERMAL SYSTEM. A system that uses the relatively constant temperature of the stored energy of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. Also called a ground source heat pump system.
HEAT TRANSFER FLUID. A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.
HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.
HORIZONTAL GEOTHERMAL SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.
HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft.
HUB HEIGHT. The distance measured from natural grade to the center of the turbine hub.
HYDRONIC HEATING SYSTEM. A combustible energy system (not an alternative energy under this section) which uses water to move heat from where it is produced, typically via a wood fired furnace located exterior to the building being heated. Heat is distributed via water piped in an enclosed pipe system to and released into a space by a heat emitter. Also called an outdoor wood boiler.
MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.
OPEN LOOP GEOTHERMAL SYSTEM. A system that uses ground water as a heat transfer fluid by drawing ground water from a well whereby the temperature of the surrounding earth or water is transferred to a heat pump and then discharging the water over land, directly into a water body or into an injection well.
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat for use without transforming it first to another form of energy or transferring that energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
SMALL WIND TURBINE. A wind turbine of 100 kW generating capacity or less.
SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.
TOTAL HEIGHT, WIND TURBINE. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine.
TOWER. A vertical structure that supports an alternative energy system.
UTILITY WIND TURBINE. A wind turbine of more than 100 kW nameplate generating capacity.
VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically.
VERTICAL GEOTHERMAL SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.
WIND ENERGY SYSTEM. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
ANIMAL BOARDING FACILITY. Any lot or premises on which dogs, cats, and/or other household pets are kept, boarded, or raised for sale or adoption. Also known as 'Animal Day Care', 'Animal Kennel', or 'Animal Shelter.'
ANIMAL GROOMING. An establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.
ANIMAL OR VETERINARY HOSPITAL OR CLINIC. An establishment for the routine examination, medical, or surgical treatment and care of domestic animals, generally with overnight boarding facilities for animals in care.
APARTMENT HOUSE. Any building, or portion thereof, which is designated, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.
APPLICANT. Any person who wishes to obtain a building permit, zoning, or subdivision approval, or a permit to allow land-distributing activities. APPLICANT also means that person's agents, employees, and other acting under this person's direction.
ARCADE. A continuous, covered passageway parallel and open to a street, private or public open space, or building, and typically accessible and open to the public.
ARTISAN STUDIO or MAKERSPACE. An establishment where hand tools, mechanical tools and electronic tools are shared or individually used for the manufacture of artisan finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to: electronic goods, food and bakery products; non-alcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing.
ASSESSED VALUE. The value of real property as established by the county assessor.
ASSISTED LIVING FACILITY AND/OR MEMORY CARE FACILITY. A facility registered with the Minnesota Department of Health (DOH) where individualized home care aide services or home management services are provided to residents either by the management or by providers under contract with the management.
ATTIC. The unfinished space between the ceiling joists of the top story and the roof rafters.
AUTOMOBILE SALES OR RENTAL. Storage and display for sale of more than two motor vehicles or any type of trailer provided the trailer is unoccupied, and where repair or body work is incidental to the operation of the new or used vehicle sales. Motor vehicles sales includes motor vehicle retail, rental, or wholesale sales.
AUTOMOBILE SERVICE OR REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.
AWNING. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached. (See FIGURE 1)
BALCONY. A platform area projecting from the exterior of a building, enclosed by a railing, accessible from above grade and not attached to the ground.
BANK or FINANCIAL INSTITUTION. A financial institution, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds. Does not include currency exchanges as defined by M.S. § 53A.01, Subd. 1.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.
BASEMENT. Any area of a 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.
BED AND BREAKFAST ESTABLISHMENT. A commercial facility usually with a private residence therein, providing housing and feeding of transients.
BERM. A mound of earth with elevation generally above the surrounding area.
BLOCK. A tract of land bounded by streets, or by a combination of streets, shorelines, waterways or boundary lines of the corporate limits of the city.
BOARD OF APPEALS AND ADJUSTMENT. A board established by the city to hear and decide appeals regarding zoning and having powers set forth in M.S § 462.357 and M.S § 462.359. The Planning Commission shall serve as the Board of Appeals and Adjustment.
BOARDING HOUSE. A lodging house wherein meals are served to tenants.
BODY ART. The practice of physical body adornment using, but not limited to, tattooing and body piercing. BODY ART does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice.
BODY ART ESTABLISHMENT. A place or premise, permanent in nature and location, where body art, whether or not for profit, is performed.
BREWERY, MICRO-BREWERY, MICRO-DISTILLERY, MICRO-WINERY, or TAP ROOM. A small scaled on or off-sale liquor business, located in a building where the primary use is for restaurant, retail, or tasting room, and which specializes in producing limited quantities of wine, beer, or other alcoholic beverages.
BROWNFIELD. With certain legal exclusions and additions, the term "brownfield site" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential
presence of a hazardous substance, pollutant, or contaminant.
BUFFER. The use of land, such as: topography (difference in elevation), space, fences or landscape plantings, to screen or partially screen a use of property from another use or property, and thus reduce undesirable effects such as: sight, light, noise, dust and other nuisances. (see FIGURE 3)
BUILD-TO-LINE. A line to which the front wall of a building is to be constructed. The build-to-line runs parallel to the front lot line and is established to create an even building façade line along a street. (see FIGURE 4)
BUILDABLE AREA. The space remaining on a parcel after the minimum setback, drainage provisions, ponding, compensatory storage, soils, open space and other site constraint requirements and building restriction lines of this chapter have been met.
BUILDING OR STRUCTURE. Any structure for the shelter, housing support or enclosure for persons, animals, or property of any kind which is permanently affixed to the ground. When a building is separated by party walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING OR STRUCTURE, ACCESSORY. A structure detached from a principal structure, incidental and subordinate to the principal structure or use, including, but not limited to garages and storage sheds. (see FIGURE 5)
BUILDING OR STRUCTURE, CONFORMING. Designates a structure which satisfies all applicable requirements of this chapter as amended.
BUILDING OR STRUCTURE, DETACHED. A building that is not connected to another building.
BUILDING OR STRUCTURE, NON-CONFORMING. See 'Non-Conforming- Building or Structure'.
BUILDING OR STRUCTURE, PRINCIPAL. A building in which a principal use is located.
BUILDING CODE. Minnesota Rules, Chapter 1305, Minnesota Building Code.
BUILDING COVERAGE. The amount of land covered by building area, usually measured in terms of lot percentage.
BUILDING FAÇADE. Any side of a building facing a public way or space and finished accordingly.
BUILDING FACE. That portion of the exterior wall of a structure which shall lie in a vertical plane. One face shall be terminated by an exterior angle of at least 210 degrees formed by two exterior walls, each being at least 18 feet in length or a curved portion of such exterior wall which shall have a central angle of 30 degrees or more.
BUILDING FRONTAGE. The facade of a building most nearly parallel to an abutting public right-of-way which affords principal access.
BUILDING HEIGHT. The vertical distance from the average grade of a building line to: the cornice of a flat roof, the deck of a mansard roof, the uppermost point on a round or other arch-type roof or the mean distance of the highest gable on a pitched or hip roof.
BUILDING LINE. The line established by law, beyond which a building shall not extend, except as specifically provided by law. (see FIGURE 6)
BUILDING LINE, SHORELAND. A line measured across the width of a lot where the main structure is placed in accordance with setback provisions from the ordinary high-water mark.
BUILDING OFFICIAL. The municipal building code administrative authority certified under M.S. § 16B.65, Subd. 2 and 3.
BUILDING PERMIT. A permit required from the responsible governmental agency before any site
work, construction, or alteration to any structures can be started.
BUILDING PLAN. A dimensioned plan drawn to scale which includes the general use and layout of each floor of a building including projections such as canopies, stacks, chimneys, and exterior equipment, if any.
BUILDING SERVICE EQUIPMENT. Refers to the plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, fixtures, and other accessories, that provides sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use and occupancy.
BUILT ENVIRONMENT. The sum of the parts of a community's physical surroundings formed and shaped by human activity, including: buildings, structures, landscaping, earth mounds, roads, signs, trails, and utilities.
BULK STORAGE (LIQUID). Bulk storage of flammable or combustible liquids or gases for use in industrial processes.
BUSINESS SALES OR SERVICES. Establishments primarily engaged in rendering services to other business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; personnel and employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; copying and printing; travel; office supply; and similar services.
CALIPER. A tree trunk diameter measured four and one-half feet from the ground on trees more than 12 inches in diameter. On trees more than four inches and up to 12 inches in diameter, caliper is measured 12 inches from the ground. On trees four inches or less in diameter, caliper is measured six inches from the ground.
CANOPY. Any structure, movable or stationary, which is attached to, supported by and projected from the entrance of a building, designed and intended for protection from the elements or as a decorative embellishment. (see FIGURE 7)
CAR WASH. An establishment where the principal use includes washing, drying, polishing, or vacuuming of an automobile or other motor vehicle done by service personnel, the driver, or by automated machinery.
CARPORT. An automobile shelter enclosed on not more than two sides. A carport is not a garage. (see FIGURE 8)
CATERING. A facility in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.
CELLAR. A portion of a building located partially or wholly underground and having less than three and one-half feet of its floor to ceiling height above grade. A CELLAR is not counted as a story for the purpose of height and setback regulations.
CEMETERY. Any non-publicly owned parcel of land designed, intended to be used, or used for the burial of deceased persons or animals. For purposes of this code, a burial lot and columbarium shall be included in the definition of cemetery.
CERTIFICATE OF OCCUPANCY. Official certification that a premises conforms to provisions of this title and other applicable ordinances and may be used or occupied. A CERTIFICATE OF OCCUPANCY is granted upon completion of new construction or completion of alterations or additions to existing structures.
CHANGE OF USE. Any alteration in the primary use of a lot for zoning purposes.
CHAPTER. When used without clarification means a chapter of the North St. Paul Zoning Code.
CHILD. A person who has not reached age 18.
CITY. The City of North St. Paul, Minnesota.
CITY COUNCIL. The City Council of North St. Paul, Minnesota.
CLINIC. An establishment principally engaged in providing therapeutic, preventative, corrective, healing and health-building treatment services on an outpatient basis by physicians, dentists and other practitioners with no overnight boarding. Includes doctor's offices, dental clinics, medical laboratories, and physical and occupational, and massage therapy facility, chiropractic care.
CLUB OR LODGE. An establishment in which a limited group of people are organized to pursue common social or fraternal goals, interests, or activities, and usually characterized by certain membership restrictions, payment of fees or dues, regular meetings and a constitution or bylaws.
COFFEE SHOP/TEA HOUSE. An establishment engaged principally in the sale of coffee, tea, and other non-alcoholic beverages for consumption on the premises or for carry out, which may also include the sale of a limited number of food items.
COLUMBARIUM. A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal.
COMMON OPEN SPACE. An area of land, water or combination thereof planned for active or passive recreation which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit. COMMON OPEN SPACE does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas, or required yards. The area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
COMMUNICATION STRUCTURE. A structure that is intended to support equipment used to transmit or receive telecommunications signals. Examples of such towers include monopoles and lattice steel structures.
COMMUNITY GARDEN. Any parcel of land, utilizing either individual or shared lots on private or public land. The land may produce fruit, vegetables, and/or ornamentals.
COMPENSATOR STORAGE. Excavated volume of material below the floodplain elevation required to offset floodplain fill.
COMPOST FACILITY. A structure or premises designed, intended to be used, or used for the processing, creation, and open air storage of compost for subsequent sale or distribution. Compost means the mixture of decaying organic ingredients and conditioners for use as fertilizer. A location containing pre-packaged compost or open air compost for use exclusively on the same parcel shall not be considered a compost facility.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development.
CONDITIONAL USE. See 'Use, Conditional'.
CONSTRUCTION ACTIVITY. Disturbance to the land resulting in a change in topography, existing
soil cover (both vegetative and non-vegetative), or the existing soil topography resulting in accelerated storm water runoff, leading to soil erosion and movement of sediment into receiving waters or the city municipal separate storm sewer system. Construction activity includes a land disturbance activity greater than or equal to 10,000 square feet.
CONTRACTOR'S BUSINESS WITH SHOWROOM OR WORKSHOP. An establishment providing general contracting, building/site maintenance, or building construction services. Outdoor storage of equipment and materials shall be consistent with the requirements of this chapter.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
CONVENIENCE STORE. A store which sells any one or a combination of the following: groceries, pharmaceuticals, bakery goods, dairy products, hardware, and variety store items.
CONVENTIONAL ENERGY SYSTEM. Any energy system, including supply elements, furnaces, burners, tanks, boilers, related controls and energy-distribution components, which uses any source of energy other than solar or windmills. These sources include but are not limited to gas, oil, coal, and nuclear materials.
COOPERATIVE. Real estate owned by an association, each of whose members is entitled to a proprietary lease in a unit located on the real estate by virtue of the member's ownership interest in the association.
COUNTY. Ramsey County, Minnesota.
COURT. An open, uncovered space bounded on three or more sides by exterior building walls or other enclosing devices.
CULTURAL CENTER. A use providing for display, performance, or enjoyment of heritage, history, or the arts. This use includes but is not limited to: museums, arts performance venues, cultural centers, or interpretive sites, but does not include commercially operated theatres.
CURB LEVEL. The grade elevation established by the city of the curb in front of the center of a building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent.
DAY CARE CENTER. A facility which provides one of the following services: Care of a child outside the child's own home for gain or otherwise, on a regular basis for any part of a 24-hour day; or care for adults offering a program less than 24 hours per day
that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services.
DAY NURSERY. A use, licensed by the state where care is provided for pay for three or more children under kindergarten age for periods of more than three but less than 24 hours per day.
DECIBEL (dBA). The usual unit for measuring the relative loudness of sound.
DECK. A structure which is either freestanding or attached to a principal or accessory structure, constructed at grade or above grade, intended or designed for use as outdoor living space and unenclosed by solid or non-solid walls or a roof. (see FIGURE 9)
DENSITY. A unit of measurement of the number of dwelling units per acre of land derived by dividing the total number of dwelling units within the particular project, development or subdivision by the total number of acres contained in such development or subdivision excluding all dedicated public streets therein.
DEPENDENCY LIVING ARRANGEMENT. A living arrangement which permits a person with a physical or mental disability to live in a temporary separate living area within a single-family dwelling unit or permits a relative or paid attendant of a person with such a disability to live in a temporary separate living area within a single-family dwelling unit. Such living area may include a separate bath and separate kitchen facilities which permit a degree of independence. Ingress and egress for such a living area is from within the principal dwelling unit.
DEPTH OF REAR YARD. The mean horizontal distance between the rear line of the building and the nearest right-of-way line of an alley, where an alley exists; otherwise a rear lot line. (see FIGURE 10)
DESIGN AND PERFORMANCE STANDARDS. Standards and controls that establish the maximum size of structures and the buildable area within which structures may be located, including height, floor area ratio, gross floor area, lot coverage and yard requirements, but excluding residential density regulation.
DESIGN REVIEW COMMISSION. An advisory committee established by the City Council to review design guidelines and standards to determine if such plans are consistent with design manuals and provisions of this chapter.
DETENTION BASIN. A facility designed to temporarily store runoff from rainfall or snow melt, releasing the stored water at a controlled rate until the basin is empty. The outlet or control structure is located at the bottom of the facility so that the basin is dry after the runoff event.
DETENTION FACILITY. A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency or political subdivision thereof engaged in a land disturbance activity.
DEVELOPMENT. The construction of any public improvement project, infrastructure, structure, street, or road, or the subdivision of land.
DISABILITY/HANDICAP. With respect to an individual person, a verifiable physical or mental impairment that substantially limits one or more of such person's major life activities and is expected to be long continued and of indefinite duration.
DISTRICT. A section or zone of the city for which the regulation governing the land and building uses, lot area, height of structures and similar provisions are the same under the provisions of this chapter.
DORMER. A projection build out from a sloping roof, usually housing a vertical window or ventilating louver.
DRIVE/DRIVEWAY. A permanent, durable surface designed to provide vehicular access from a street to a lot or to provide vehicular access between different parts of a lot or parking area. A drive that is internal to a parking area is not the same as an aisle. For a detached home, duplex or townhome, the DRIVEWAY may serve as part of the front yard parking space subject to setback requirements.
DRIVE-IN OR SELF-SERVICE BUSINESS. A facility which accommodates automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces in which automobiles wait.
DRY CLEANING ESTABLISHMENT. A use involving the cleaning or dyeing of fabrics with the use of mechanical appliances.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, trailer coaches, or houseboats.
DWELLING, ATTACHED. A dwelling unit which is joined to another dwelling or building at one or more sides by a party wall or walls.
DWELLING, COTTAGE. A single-family or two-family dwelling that does not exceed 1,000 total square feet and is a part of a joint development with other cottage dwellings.
DWELLING, LIVE/WORK UNIT. A dwelling unit combining residential use types with commercial- or limited industrial-use types. This use classification includes but is not limited to: office, live/work facilities, or other similar uses.
DWELLING, MULTIPLE FAMILY. A building, or portion thereof, on one lot, containing three or more dwelling units.(see FIGURE 11)
DWELLING, SINGLE-FAMILY. A residence structure that is free-standing (detached) and designed for or occupied by one family only. (see FIGURE 12
)
DWELLING, TOWNHOUSE. A one-family dwelling unit constructed in a group of two or more similar one-family dwelling units, each with a private entrance that has direct access to the outside, which is part of a structure whose dwelling units are attached and arranged either horizontally or vertically. When arranged horizontally, they may span more than one parcel.
DWELLING, TWO FAMILY. A residence structure located on a single parcel containing two dwelling units that each have separate housekeeping and cooking facilities, each of which has direct access to the outside. (see FIGURE 13)
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooling and sanitation.
DWELLING UNIT, ACCESSORY (ADU). Also known as a "granny flat," "mother-in-law apartment" or "carriage house" - is a self-contained living unit that can be located within the walls of an existing or newly constructed home, or that can be an addition to an existing home. It can also be a freestanding structure on the same lot as the main house or located within/attached to a detached garage.
EASEMENT. A grant by the owner of land to the general public or to others for a specific use of the land.
EDUCATIONAL SERVICES. A business, professional, or other specialty school. This term includes, but is not limited to, a school offering instruction in music, art, dance, martial arts, computer use or programming, and cosmetology.
ELECTRONIC AMUSEMENT DEVICE OR GAME. A mechanical or electronic amusement device or machine which, upon the insertion of a coin, token or slug, operates or may be operated or used for a game, contest or amusement of any description and which contains no payoff in money, coins, checks or merchandise other than a free game(s) at the same machine. Said item includes pinball machines; miniature pool tables; bowling machines; shuffle-boards; electric rifle or gun games; miniature mechanical or electrical games patterned after baseball, football, basketball, hockey, soccer or similar games; electric work and test games; and electric video games of sports, words or aptitude used solely for amusement and not as gambling devices. This term does not include jukeboxes, food vending machines or children's amusement devices.
ENERGY DISSIPATION. Methods employed at pipe outlets or along pipe alignments to prevent erosion including, but not limited to: concrete aprons, riprap, collars, splashguards, and gabions.
ENGINEER. The City Engineer of the City of North St. Paul.
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.
EROSION. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion can be accelerated by the activities of man and nature.
EROSION CONTROL. Methods employed to prevent erosion. Examples include soil stabilization
practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
ESSENTIAL SERVICES. Overhead or underground electric, gas, steam or water distribution systems and structures for 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, sewers, pipes, conduits, cables, fiber alarm boxes, police call boxes and accessories in connection therewith but not including buildings.
EXCAVATION. The mechanical removal of earth material.
EXTERIOR STORAGE. The storage, including open storage, of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
FAMILY. One or more persons related by blood, adoption, or marriage, including foster children and household servants, living and cooking together as a single housekeeping unit; a number of persons, but not exceeding three, living together as a single housekeeping unit though not related by blood, adoption or marriage; or a number of persons, including no more than two adults, living together as a single housekeeping unit where the minor household members are the natural, adoptive or foster children of one of the household members.
FAMILY DAY CARE. See 'Day Nursery'.
FARM FENCE. A fence as defined by M.S. § 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FARMERS' MARKET. As defined by M.S. § 28A.151, Subd. 1.
FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual
wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the wind energy conversion system.
FENCE. Any partition, structure, wall or gate erected as a divider, marker, barrier or enclosure and located along the boundary, within the required yard, or elsewhere on the property. Fence height shall be measured from the normal grade adjacent to the fence line.
FENESTRATION. Skylights, roof windows, vertical windows (whether fixed or moveable); opaque doors; glazed doors; glass block; and combination opaque/glazed doors.
FILL. A deposit of earth material placed by artificial means.
FINISHED LIVABLE FLOOR AREA. The floor area of all rooms which can be used for living, eating, sleeping, and recreation including bathrooms, closets and stairways serving such rooms. Measurements can be made from the exterior wall line and interior walls of qualifying rooms may be included. Finished means the area has electrical, lighting, ventilation, heating and surfacing composed of finished materials.
FLOOD. A general or temporary conditions of partial or complete inundation of normally dry land areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That 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 Ramsey County, Minnesota (all jurisdictions).
FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source (see "Flood").
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 total square footage of each floor of a building measured from the exterior faces of the exterior walls.
FLOOR AREA RATIO (FAR). The numerical value obtained by dividing the total square footage of a building or buildings by the total lot or parcel area of the site. (see FIGURE 14)
FLOOR PLAN. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.
FOOD AND BEVERAGE ESTABLISHMENT. A building, structure, enclosure, or any part of a building, structure or enclosure used as, maintained as, advertised as, or held out to be an operation that prepares, serves, or otherwise provides food or beverages, or both, for human consumption.
FUNERAL HOME. A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. For purposes of this code, a FUNERAL HOME may not include a crematory but may include a columbarium.
GABLE. The triangular upper portion of an end wall under a peaked roof.
GARAGE, PRIVATE. A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of one and one-half tons under the control of and used by the occupants of the principal building on the site.
GARDEN MATERIALS SALES. A place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, plant nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.
GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A GOLF COURSE includes a clubhouse and shelters as accessory uses.
GRADE, FINISHED. The finished ground level adjoining the building at all exterior walls.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished ground, paving, or sidewalk surface between the building and the property line or between the building and a line five feet from the building when the property line is more than five feet from the building.
GRADE, NATURAL. The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Natural grade is determined by reference to a survey, or other information as determined by the Zoning Administrator.
GRADE, PLANE. A reference plane representing the average of a finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
GREENHOUSE. A structure that is constructed primarily of glass, glass-like or translucent material which is devoted to the protection or cultivation of food or ornamental crops.
GROSS FLOOR AREA (GFA). Total gross floor area including exterior building walls of all floors of a building or structure. Also referred to as 'gross square feet,' or GSF.
GROCERY. Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.
GROSS LEASABLE AREA (GLA). The portion of GFA that is available for leasing to a tenant.
GROUND FLOOR/FIRST FLOOR. The lowest floor of a building having its floor to ceiling height at or above the grade.
GROUND FLOOR AREA. The lot area covered by a building or buildings measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 12 feet in height.
GROUND FLOOR-AREA RATIO. The numerical value obtained through dividing the gross ground floor area of a building by the net area of the lot or parcel of land on which such building is located.
GROUNDCOVER. Grass or other spreading plant material used to define and cover the ground surface, less than 12 inches tall.
GROUP FAMILY DAY CARE. Day care for no more than 14 children at any one time.
GROUP HOME. See 'State Licensed Residential Facility'.
HEIGHT. The vertical distance of a structure measured from the average elevation of the finished grade lying 15 feet from the structure to: the highest point of the roof or parapet, for flat roofs; or, the mid-point between the eaves and the ridge, for sloped roofs.
HISTORIC STRUCTURE (as defined in the Code of Federal Regulations 59.1) are:
1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district;
3) Individually listed on a State Historic Preservation Offices state inventory of historic places;
4) Individually listed on a local inventory of historic places of the City of North St. Paul under a program overseen by the City Heritage Preservation Commission.
HOLDING POND. An area designed or accepted by the City Engineer and approved by the city to retain water to control the flow of storm water.
HOME OCCUPATION. An occupation, profession, activity, or use conducted for financial gain or profits on a residential property that is clearly secondary to the residential use of the dwelling, not including a yard sale.
HOSPICE. A facility providing a caring environment for supplying the physical and emotional needs of the terminally ill.
HOSPITAL. An establishment where patients are admitted for medical, surgical, or psychiatric treatment for outpatient and/or inpatient, overnight accommodation.
HOT TUB. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to Jacuzzis, whirlpools and spas.
HOTEL. An establishment containing rooming units providing temporary lodging accommodations to the general public, with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment, and recreational facilities. A hotel shall not include any use which could be defined as a motel.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
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, parking lots, storage areas, and concrete, asphalt, or gravel roads.
INFILTRATION AREA. A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth's surface.
INFRASTRUCTURE. The system of public works for a county, state, or municipality including, but not limited to, structures, roads, bridges, culverts, sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and interceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, electrical lines and associated facilities, and phone lines and supporting facilities.
INOPERABLE MOTOR VEHICLE. A vehicle which has not been moved for three months, or does not have current license plates on it, or which cannot be safely driven without repair.
INSTITUTION. A use conducted by, or a facility or structure owned or operated by, a nonprofit, religious, or charitable institution that provides educational, cultural, recreational, religious, or other similar types of public services.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it.
L10. The sound level, expressed in dBA, which is exceeded 10% of the time for a one hour survey, as measured by test procedures approved by the Director of the Minnesota Pollution Control Agency.
L50. The sound level, expressed in dBA, which is exceeded 50% of the time for a one hour survey, as measured by test procedures approved by the Director of the Minnesota Pollution Control Agency.
LAB, RESEARCH. A building or group of buildings in which are located facilities for technological or scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion, or the movement of sediment into water bodies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under this chapter.
LANDLOCKED BASIN. A basin that does not have a natural outlet at or below the existing flood elevation as determined using the simplified hydrologic yield method or other acceptable hydrologic analysis method identified in the Comprehensive Surface Water Management Plan, adopted August of 2006, as amended.
LANDSCAPE PLAN. A component of a development and/or site plan on which required information is shown in order for authorized review bodies to make an informed decision to approve or deny the submission.
LANDSCAPING. An expanse of scenery including lawns, plants, trees, and other natural materials, such as rock, stone, wood chips; and decorative features, including fountains, sculptures, walks, and water features.
LAUNDROMAT. A facility where patrons wash or dry clothing or other fabrics in machines operated by the patron and/or a business that provides washing, drying and ironing for hire by an employee of the facility. Does not include dry cleaning of clothing or other fabrics onsite.
LEAST SUSCEPTIBLE WETLAND TYPE. A wetland characterized as a gravel pit, cultivated hydric soil, dredged material or fill, or material disposal site.
LIMITED PRODUCTION AND PROCESSING. Small-scale assembly, disassembly, fabrication, manufacture, cleaning, servicing, packaging, sorting or other handling of goods or materials, either as an intermediate input for further production or processing, or for final sale, use or consumption.
LIQUOR STORE. An establishment that sells alcoholic beverages for off-premises consumption.
LOADING SPACE. That portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.
LODGING HOUSE. Any dwelling other than a hotel or motel where lodgings are provided for compensation for one or more persons, not to exceed eight, pursuant to previous arrangements for definite periods of time.
LOT. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law.
LOT AREA. The area of a horizontal plane bounded by front, rear and side lot lines, excluding any public ways.
LOT AREA PER UNIT. The number obtained by dividing the lot area by the number of dwelling units on or proposed for the property.
LOT, CONFORMING. A lot or parcel legally existing on the effective date of this chapter which meets the minimum lot width and lot area requirements of this chapter.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. (see FIGURE 15)
LOT COVERAGE. The amount of impervious surface on a lot.
LOT, DEPTH. The distance from the front line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the lot depth.
LOT, DOUBLE FRONTAGE/LOT, THROUGH. A lot other than a corner lot which has
a property line abutting on one street and an opposite property line abutting on another nonintersecting street. (see FIGURE 15)
LOT, FLAG. Any lot having less frontage on a public way than is typical for the block in which the lot is proposed and is configured such that a narrow access corridor extends from the point of frontage to a larger portion of the lot (the "rear lot").
LOT FRONTAGE. The length of the property line of any one premises along an abutting public right-of-way.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or alley or any other public space.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public or private street. In the case of a lot with more than one street frontage, the FRONT LOT LINE shall be determined by the following circumstances:
(1) The shortest dimension on a public or private street;
(2) If the primary entrance of the principal structure is located facing a frontage other the shortest dimension on a public or private street, the FRONT LOT LINE may be designated by the Zoning Administrator;
(3) If the dimensions of a lot with more than one street frontage are equal, the FRONT LOT LINE shall be designated by the Zoning Administrator.
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 in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten 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 or rear lot line.
LOT LINE, ZERO. The reduction to zero of a side yard setback requirement permitting the placement of a structure near or adjacent to the side yard lot line; however, no portion of the structure or accessory appurtenance shall project over the lot line.
LOT, NONCONFORMING. See 'Nonconforming - Lot'.
LOT OF RECORD. A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date, and which is occupied by or intended for occupancy by one principal use, together with any accessory buildings or the open spaces as required by this chapter and having its principal frontage on a street, or a proposed street approved by the Council.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts the side of another lot.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of lot depth.
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.
MAJOR WATERSHED. One of the 87 major watershed units delineated by the map titled State of Minnesota Watershed Boundaries, 1979, produced by the Minnesota Department of Natural Resources as included in the Wetland Conservation Act Rules 8420.0549.
MANUFACTURED HOME. A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, 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 in it. The term "manufactured home" does not include the term "recreational vehicle."
MANUFACTURED HOME PARK. One or more contiguous parcels of land under a single management which have been designed and developed in such a manner as to provide individual manufactured home sites for two or more manufactured homes and includes any building, structures, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park as defined in M.S. § 327.
MANUFACTURED HOME SITE. An area of land within a manufactured home park that is designed and developed in such a manner as to provide a location for one manufactured home.
MANUFACTURED HOME STAND. That portion of a manufactured home site that is designed, constructed, and improved in such a manner as to provide a base upon which a manufactured home shall rest, and which also serves as a base upon which blocks or other materials are placed to assist in leveling the floor of the manufactured home and provide a temporary type of foundation.
MARQUEE. A permanent roofed structure attached to and supported by the building and projects over property.
MEDICAL CANNIBAS FACILITY. A facility involved in medical cannabis, including a medical cannabis manufacturer, medical cannabis distribution facility, and medical cannabis laboratory.
MEMBRANE STRUCTURE. A structure lacking a permanent foundation usually consisting of an aluminum, steel or plastic frame which is covered with aluminum, steel, plastic, fabric, canvas or similar materials and is used to provide storage of vehicles, boats, recreational vehicles or other personal property. The term shall also apply to structures commonly known as carports, hoop houses, and tent garages and can be fully or partially covered but shall not apply to boat lifts and canopies which are placed in public water.
MINI-WAREHOUSE. A building or group of buildings in a controlled-access, screened, and secured
compound that contains individual compartmentalized and controlled-access storage spaces of varying sizes which are leased or rented for storage purposes on an individual basis.
MINNESOTA POLLUTION CONTROL AGENCY (MPCA). The state organization responsible for the NPDES/SDS permitting system.
MODERATELY SUSCEPTIBLE WETLAND TYPE. A wetland characterized as shrub-carr, alder thicket; fresh wet meadow not dominated by reed canary grass; or shallow or deep marsh not dominated by reed canary grass, cattail, giant reed, or purple loosestrife.
MODULAR BUILDING, INDUSTRIALIZED. A building of closed construction made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site, and is constructed so that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage, destruction. This does not include "manufactured home" or "prefabricated home", which are each defined separately.
MOTEL. A building containing rooming units designed primarily for providing sleeping accommodations for transient lodgers, with rooms having a separate entrance providing direct access to the outside and with automobile parking located adjacent to or near sleeping rooms.
NATURAL ENVIRONMENT LAKES. As defined in Minnesota Rule 6120.3000.
NET FLOOR AREA (NFA). Total floor area, excluding exterior building walls.
NOISE. Any activity which creates or produces sound regardless of frequency exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) above the ambient noise levels as designated by the NAC noise table at the time and place and for the duration then mentioned.
NON-CONFORMING -
LOT. A lot or parcel legally existing on the effective date of this chapter which does not meet the minimum lot width or lot area requirements of this chapter or on the effective date of a new land use regulation.
SIGN. A sign which lawfully existed at the adoption of this chapter but does not conform to its requirements.
STRUCTURE. A structure legally existing on the effective date of this chapter, or subsequent revisions, which does not comply with the most current regulations herein governing the zoning district in which such structure is located.
USE. A use of land, buildings, or structures legally existing on the effective date of this chapter or a new land use regulation, which does not comply with the regulations herein governing the zoning district in which such use is located. Any use which has been allowed as a conditional use shall not be considered non-conforming.
NON-POINT SOURCE. Nutrient and pollution sources not discharged from a single point, e.g. runoff from agricultural fields, feedlots or urban streets.
NORMAL WATER LEVEL (NWL). For a reservoir with a fixed overflow, the NWL is the lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood storage.
NURP. The Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study storm water runoff from urban development.
NURSERY SCHOOL. See 'Day Nursery'.
NURSING HOME. A licensed facility or part of a licensed facility which provides nursing care to five or more persons. This does not include a facility or part of a facility which is a hospital, a hospital with approved swing beds as defined in M.S. § 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential program licensed pursuant to M.S. §§ 245A.01 - 245A.16, or M.S. § 252.28 and M.S. § 144A.01 Subd. 5.
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.
OCCUPIED SPACE. The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this code.
OFF-GRID. An electrical system that cannot be or is not permitted to be connected to the utility's electric system or to any building or structure that is connected.
OFFICE. Administrative, executive, professional, or similar organizations, providing direct services to consumers provided that no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the principal permissible use. Examples include, but are not limited to, firms providing architectural, computer software consulting, data management, academic instruction, engineering, interior design, graphic design, or legal services.
OFFICIAL ZONING MAP. A map adopted in accordance with M.S. § 462.359 and is the Official Zoning Map for the city.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "Regional Flood."
OPEN SPACE. Land preserved apart from development. An open area, including passive and active recreation, unimproved land, pedestrian plazas, parks, nature areas, playgrounds and trails, but not including holding ponds.
ORDINANCE. This Zoning Ordinance, adopted as Chapter 154 of the City Code, and as subsequently amended.
ORDINARY HIGH-WATER LEVEL (OHWL). The boundary of public waters and wetlands, and shall be 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.
OUTDOOR SALES AND DISPLAY. Land devoted to the display of goods, products or merchandise for sale, rent, lease or trade where such goods are not enclosed within a building. This can also include the selling of goods or products outside.
OUTDOOR SALES EVENT. A seasonal or occasional sale held on the sidewalk or other location outside a building.
OUTDOOR SEATING. A commercial seating area for business patrons.
OUTDOOR STORAGE. Permanent storage of goods, materials, equipment, or fleet or service vehicles outside of an enclosed building.
OUTLOT. A tract of land identified by a capital letter and is land that is not part of a block.
OVERLAY DISTRICT. A zoning district that encompasses one or more primary zoning districts or
portions thereof and that imposes additional requirements or relaxes one or more standards required by the primary zoning district.
OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land.
PARAPET. A low protective wall along the edge of a roof, bridge, or balcony.
PARCEL. A designated lot, tract or area of land established by plat, subdivision or as otherwise permitted by law.
PARK, PUBLIC. A park operated by the City of North St. Paul, including all park buildings.
PARKING -
ACCESSIBLE PARKING SPACE. Parking spaces accessible for persons with disabilities.
ACCESSORY PARKING. Automobile parking as a subordinate use and of a nature incidental to but supportive of the principal use, building or structure. Accessory parking is characterized as a free service for employees and/or customers of the principal use, building or structure.
PARKING FACILITY. A commercial parking facility owned and operated by the city or by a private entity and designed to accommodate the off-street parking of motor vehicles. Such parking may be located in a structured parking facility, a surface lot or a combination thereof.
PARKING LOT. Any off-street area that is one-level, surfaced, open-to-the-air, and used for parking vehicles.
PARKING SPACE. A suitably surfaced and permanently maintained area, either within or outside a building, of sufficient size to store one standard automobile exclusive of any driveway or other circulation area, accessible from a street, alley, or maneuvering area.
PARKING STRUCTURE. Any structure, including multi-level parking, designed and used for temporary location of vehicles and is commonly called a parking garage or parking ramp.
PROOF OF PARKING. An area of a lot other than that area secured for yards, usable open space or landscaping which is allocated for parking but is not paved or striped.
PARKS AND RECREATION COMMISSION. The Parks and Recreation Commission of the city, except when otherwise designated.
PARTY WALL. A wall which divides two adjoining structures and in which each of the occupants of the structures has rights of enjoinment.
PATIO. A covered or uncovered, surfaced outdoor living area located at grade, adjacent to and accessible from a dwelling.
PAWN SHOP. A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the pawnbroker of the money occupying the facility as collateral for the loan. Items held by the pawnbroker which are not redeemed by a borrower may be put up for sale at the facility to the general public.
PEDESTRIAN ORIENTED DEVELOPMENT. Developments that are designed to provide a safe, comfortable environment for pedestrians. Important elements include sidewalks that are separated and buffered from vehicular traffic with limited interruption from driveways; the provision of street trees and appropriate street furniture; and buildings that visually address the street with visible entranceways and windows, and, in the case of commercial buildings, may include awnings or canopies that protect pedestrians from the weather.
PERFORMANCE STANDARD. Regulatory language stating the minimum requirement or the maximum allowable limit on the effects or characteristics of a use or structure.
PERFORMANCE-BASED DESIGN. An engineering approach to design elements of a building based on agreed upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives, using accepted engineering tools, methodologies, and performance criteria.
PERGOLA. A building-like structure with columns supporting an elevated trellis over which vines or plants may grow.
PERSON. Any individual, firm, trustee, receiver, assignee, partnership, unincorporated society
or association, limited liability company, corporation or any other type of business or association, including respective successors or assigns.
PERSONAL SERVICES. Establishments providing non-medically-related services, including salons, spas (with or without massage), barber shops, garment tailoring or repair, laundry and dry cleaning establishments, body art establishments, and post offices. These uses may also include accessory retail sales of products related to the services provided.
PERVIOUS PAVEMENT OR PAVERS. Pavement or pavers that are designed and maintained to allow precipitation to infiltrate into the ground, in order to reduce the volume and velocity of stormwater runoff. Pervious pavement materials include pervious interlocking concrete paving blocks, concrete grid pavers, perforated brick pavers, and similar materials determined by the City Engineer to qualify.
PHASED DEVELOPMENT. Two or more development projects undertaken or to be undertaken by the same developer or proposer that the city determines will have effects on the same geographic area and that are or will be undertaken over a limited period of time.
PHYSICALLY HANDICAPPED. Having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, or perceptiveness.
PLANNED UNIT DEVELOPMENT (PUD). A large area of land under unified control that is planned and developed as a whole through a single development operation or programmed series of development phases, in accord with the master plan for the purpose of encouraging design flexibility, mix of land uses, housing types, density, sustainability and creativity in land planning. The development may include streets, sidewalks, utilities, buildings, open space and other site features and improvements.
PLANNING COMMISSION. The Planning Commission of the City of North St. Paul established by the City Council to perform planning pursuant to M.S. § 462.354.
PLANTING AREA. An unpaved pervious area intended or used for the placement of a tree or other required landscaping elements.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. § 505
and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and M.S. § 505.
PORCH. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building. (see FIGURE 16)
PORTABLE STORAGE UNIT. A non-permanent, non-habitable, self-contained structure designed for temporary placement on and subsequent removal from a parcel for the purpose of facilitating off-site storage.
POTABLE WATER. Water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming in bacteriological and chemical quality to the requirements of the public health authority having jurisdiction.
PRACTICAL DIFFICULTIES. Used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.
PRE-CUT HOME. A non-mobile housing unit in which the lumber components for the walls, floors and ceilings, roof and structured member are pre-cut at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.
PREFABRICATED HOME. A single-family or multi-family dwelling unit constructed of walls, floors, ceilings and other building components that have been separately constructed off of the building site and are then transported to the building site for assembly and installation.
PREMISES. Land together with the buildings and structures thereon.
PRODUCTION OR PROCESSING. The assembly, disassembly, fabrication, manufacture, cleaning, servicing, packaging, sorting or other handling of goods or materials, either as an intermediate input for further production or processing, or for final sale, use or consumption.
PROPERTY LINE. The legal boundaries of a parcel of property.
PUBLIC HEALTH AND GENERAL WELFARE. As defined in M.S. § 103D.011, Subd. 23 and 24.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area, street lights, lot improvement or other facility for which the city may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement, for which local government responsibility is or may be established.
PUBLIC LAND. Land owned or operated by a municipality, school district, county, state or other governmental unit.
PUBLIC NOTICE. A ten days' printed notice of the time, place, and purpose of a hearing or proceeding.
PUBLIC OPEN SPACE. Open space owned by the city, county, state, school district or other special district.
PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subd. 15.
PUBLIC WAY. An alley, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, lane, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or
other way in which a public entity has a proprietary right, or which is dedicated whether or not it has been improved.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
RECEIVING WATERS. All lakes, ponds, streams, marshes, reservoirs, springs, wetlands that are not part of the city's municipal separate storm sewer system.
RECREATION -
RECREATION, ACTIVE. Refers to a structured individual or team activity that requires the use of special facilities, courses, fields, or equipment. Examples of active recreation include: baseball, soccer, tennis, skateboarding, and hockey.
RECREATION, INDOOR, COMMERCIAL. A commercial recreational land use conducted entirely within a building, including arcade, arena, athletic and health clubs, bowling alley, community center, conference center, exhibit hall, gymnasium, movie theater, pool or billiard hall, skating rink, swimming pool, tennis court and the like.
RECREATION, OUTDOOR, COMMERCIAL. A commercial recreation facility that is primarily an open air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities.
RECREATION, PASSIVE. Refers to recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources; as a result, they can provide ecosystem service benefits and are highly compatible with natural resource protection. Examples of passive recreation include: hiking, picnicking, swimming, walking, observing and photographing nature.
RECREATION, PUBLIC. All uses that are commonly provided at parks, playgrounds, community centers and other such sites owned and operated by a unit of government for the purpose of providing recreation to the public.
RECREATIONAL DEVELOPMENT LAKES. As defined in Minnesota Rule 6120.3000.
RECREATIONAL VEHICLE. A vehicular type portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
REGIONAL FLOOD. A flood which can be expected to occur on an average frequency in the magnitude of the 1% change or 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term "base flood" used in a flood insurance study.
REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description by designating the same as a tract or tracts of a registered land survey number.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot 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 INSTITUTIONS. A facility where people regularly assemble for religious worship and any incidental religious education, which is maintained and controlled by a religious body organized to sustain public worship. For purposes of this code, a columbarium shall be included in the definition of religious institution. This term does not include an elementary or secondary school, a specialty or personal instruction school, or a college. This term is also known as a place of worship.
REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average
equals or exceeds 25% of the market value of the structure before the damage occurred.
RESTAURANT. An establishment that involves the preparation of food and drink, served to and consumed by patrons primarily on the premises or for carry out.
RETAIL SALES. A commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. These uses may also include accessory service of the types of retail goods sold on the premise.
RETENTION. The prevention of direct discharge of storm water runoff into receiving water or conveyance networks; examples include systems that discharge through percolation, exfiltration, infiltration and evaporation processes that generally have residence times of less than three days.
RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of storm water runoff by means of a permanent pool of water.
REZONING. The process whereby the zoning classification or specific regulations applicable to a property are changed from one district to another, also referred to as "Zoning Map Amendment."
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use and to be occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses. RIGHT-OF-WAY includes any "Public Ways."
ROOF (TYPES). The top covering of a building constructed to shield the area beneath from the weather.
ARCH. A curved symmetrical structure supporting the weight of a roof above.
FLAT. A roof slope with a two-foot rise over a twelve-foot run or less.
GABLED. A roof that slopes from both sides of a ridge.
GAMBREL. A double pitched roof.
HIPPED. A roof with slopes on all four sides, continuous from peak to eaves.
MANSARD. A steep, dual pitched hipped roof allowing a tall attic space; frequently used to add an upper story.
ROOF LINE. The highest point of the coping of a flat roof, the lower edge of the eave of a pitched roof, or the uppermost height of a facade or parapet in the case of an extended facade or parapet.
ROOF PITCH. The final exterior slope of a building roof typically but not exclusively expressed as a ratio of the distance, in inches, of vertical "rise" to the distance, in inches, of horizontal "run," such as 3:12, 9:12, 12:12.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.
RUNOFF. Rainfall, snowmelt, or irrigation water flowing over the ground surface.
RWMWD. Ramsey-Washington Metro Watershed District.
SALVAGE YARD. Any place where any person who is a junk dealer or salvage dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise transfers junk or salvaged material.
SCHOOLS, ELEMENTARY OR SECONDARY. Public or private schools which provide an educational program for one or more grades between pre-kindergarten and grade 12 and which are commonly known as elementary schools, grade schools, middle schools, junior high schools, or high schools.
SCREENING. The use of plant materials, fences or earthen berms to partially conceal the separate land use from the surrounding land use.
SECTION (ELEVATION). A view of a building seen from one side, a flat representation of one façade. This is the most common view used to describe the external appearance of a building.
SEDIMENT. Solid mineral or organic material, that in suspension is being transported or has been moved from its original site by air, water, gravity or ice, and has been deposited at another location.
SEDIMENTATION. The process or action of depositing sediment that is determined to have been caused by erosion.
SELF-SERVICE STORAGE FACILITY. A building or group of buildings in a controlled-access, screened, and secured compound that contains individual compartmentalized and controlled-access storage spaces of varying sizes which are leased or rented for storage purposes on an individual basis.
SENIOR HOUSING. A residential housing development, excluding nursing homes and exclusive of any unit occupied by a caretaker, consisting of units meeting the following requirements:
1) The units are designed for occupancy by individuals over 55 years of age or by a couple with one or both members over 55 years of age;
2) The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy by senior citizens;
3) Developments which do not consist of townhouses shall provide a lounge or other inside community rooms equal in aggregate size to a minimum of 15 square feet for each dwelling unit.
SENIOR HOUSING WITH SERVICES. Nursing home, assisted living, and memory care for individuals 55 and older, as defined by M.S. § 144(D) and 144(G), as they may be amended from time to time.
SETBACK. The minimum required distance between a building or structure and the property line nearest thereto. (see FIGURE 17)
SETBACK, AREA. The required open area on a lot that must remain unoccupied and unobstructed by a building or structure from its lowest level to the sky except as permitted by this chapter. The setback area 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 the lot is located.
SETBACK, FRONT. The minimum required distance by which any building or structure must be separated from the front lot line.
SETBACK, REAR. The minimum required distance by which any building or structure must be separated from the rear lot line.
SETBACK, SHORELAND. The minimum horizontal distance between a structure and the ordinary high water mark.
SETBACK, SIDE. The minimum required distance by which any building or structure must be separated from the side lot line.
SEWAGE. Any water-carried domestic waste, exclusive of footing drainage and stormwater runoff, of any residence, industry, agricultural or commercial establishment, whether treated or untreated, including the liquid wastes produced by bathing, laundry, or culinary operations, and from toilets and floor drains.
SEWAGE, RAW. Sewage which has not been subjected to any treatment process.
SHOPPING CENTER. A group of commercial establishments built on a site which is planned and developed as an operating unit and typically sharing common space and services such as parking, maintenance and advertising.
SHORE IMPACT ZONE. All land between the ordinary high or water's edge and a line parallel to it at a setback of 50% of the structure setback, as detailed below.
Shore Impact Zone | |
Silver Lake | 37.5' |
Casey Lake | 75' |
SHORELAND. Land located within 1,000 feet from the normal high water level of a lake, pond, or flowage; and land within 300 feet of a river or stream.
SHORELAND ALTERATION. Grading or filling of shoreland areas or any alteration of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water.
SHORELAND DISTRICT. Land located within a floodplain, within 1,000 feet of the OHW of a public water or public waters wetland or within 300 feet of a stream or river.
SHORT-TERM RENTAL. Any dwelling or portion thereof that is available for use or is used for overnight accommodations or lodging to guests for compensation, for periods of less than 30 consecutive days.
SHRUB. A low, usually several stemmed, woody plant.
SITE. A lot or group of adjacent lots intended, designated, or approved to function as an integrated unit, that is proposed for development in accord with the provisions of this chapter and is in a single ownership or has multiple owners, all of whom execute a joint application for development.
SITE PLAN. A plan for the development of a tract of land drawn to scale, including but not limited to identifying the proposed uses; the location and dimensions of all proposed structures; public and private streets and roadways on or abutting such tract, parking areas, ground covers; total acreage of the tract, legal description, number of dwelling units, if any, and number of bedrooms for each; the gross floor area, the floor area and ground floor area of all buildings and structures; and the graphic scale to which the plan is drawn.
SLOPE. The degree of deviation of a surface from the horizontal; usually expressed in percent or degrees.
SOLAR TYPES -
SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. standard time on any day of the year.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR COLLECTOR SURFACE. Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.
SOLAR DAYLIGHTING. A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY DEVICE. A system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive solar systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window.
SOLAR ENERGY EASEMENT. See 'Renewable Energy Easement'.
SOLAR HEAT EXCHANGER. A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.
SOLAR HOT WATER SYSTEM. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES. Devices that allow the mounting of a solar collector onto a roof surface or the ground.
SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.
SOLAR SYSTEM, ACTIVE. A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR SYSTEM, GRID-INTERTIE. A photovoltaic solar system that is connected to an electric circuit served by an electric utility company.
SOLAR SYSTEM, OFF-GRID. A photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "one hundred year floodplain."
SPECIAL INFILL HOUSING. Quality housing which may be suitable in development or redevelopment of parcels.
SPORT COURT. An outdoor play surface intended for use in sports. This term includes outdoor tennis courts, basketball courts, volleyball courts, and similar uses.
STANDARD. A preferred or desired level of quantity, quality, or value.
STATE LICENSED RESIDENTIAL FACILITY. A state-licensed and mandatory residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time.
STOREFRONT. The ground level frontage of a building in which there is located a single business directly behind the frontage. A building may have more than one storefront. The length of the storefront is measured from the outside edge of the exterior walls of the building, or if there are multiple storefronts located in a single building, from the centerline of the wall that separates the business from another business, public area, or other area not occupied by the subject business.
STORMWATER -
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are effective and practical means of controlling, preventing and minimizing degradation of surface water, including
avoidance of impacts, construction-phasing, minimizing length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. Individual BMPs applicable to this chapter are described in the current version of the following documents:
(1) Minnesota Storm Water Manual, 2005. Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155-4194; and
(2) Minnesota Urban Small Sites BMP Manual - Stormwater Best Management Practices for Cold Climates, 2001. Metropolitan Council Environmental Services, 230 East 5th Street, St. Paul, MN 55101.
STORMWATER DETENTION POND. Natural or created pond area that provides temporary storage of excess stormwater for the purpose of attenuating the peak rate of runoff by controlling the rate of pond discharge. Ponding areas that drain completely between storm events are dry detention ponds. Ponding areas that provide temporary storage in combination with a permanent wet pool are wet detention ponds.
STORMWATER MANAGEMENT PLAN. A plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in § 154.010.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A plan or document containing the requirements of § 154.010 for storm water discharge that when implemented will decrease soil erosion on a parcel of land and off-site sediment damages.
STORMWATER QUALITY POND. A created ponding area per W. W. Walker (1987) criteria that provides a permanent pool for the purpose of sediment and pollutant removal to reduce water quality impacts of urban development.
STORMWATER RETENTION POND. A natural or created ponding area that provides permanent storage of excess stormwater for the purpose of attenuating the peak volume of runoff, from which the only release of flow is by infiltration or evaporation.
STORMWATER RUNOFF. Water deposited by rain or other precipitation.
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, 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 two opposite exterior walls, are not more than two feet above floor of such story.
STREET (TYPES) -
ALLEY. A thoroughfare through the middle of a block giving access to the rear of lots or buildings.
ARTERIAL. A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
CUL-DE-SAC, TEMPORARY. A temporary turn around whose purpose is to allow the safe and convenient reversal of traffic, until such time that the street is extended.
EYEBROW. A local street with a partial paved circle, usually for the purpose of providing additional frontage to lots.
FRONTAGE. A public or private street intended for the collection of traffic that would otherwise directly access minor or major collectors or arterial roadways whose function is the provide access to streets of higher classification.
HIGHWAY. Any public way designated as a highway by an appropriate local, state or federal agency.
LOCAL COLLECTOR. A roadway whose primary function is to provide access to and from major collectors and local streets.
LOCAL STREET. A roadway with traffic volumes generally less than 2,500 vehicle trips per day containing one lane of traffic in each direction whose primary function is to provide access to and from property.
MAJOR COLLECTOR. A roadway that links residential and commercial uses with a balance between mobility and access and whose function is to provide traffic circulation within the city and access to and from minor and major arterials.
MINOR ARTERIAL. An interregional road containing one or two lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs or other urban centers. Efficient movement is the primary function of a minor arterial road.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access to be used by pedestrians and others.
PRINCIPAL ARTERIAL. A limited access interregional arterial route containing two or more lanes in each direction. They are designated exclusively for unrestricted movement, have no private access and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement.
PRIVATE STREET. A street serving as vehicular access to two or more parcels of land which is not dedicated to the public and which is owned, maintained and repaired by one or more private parties.
TRAIL. A path with a surface used for travel.
STREET (ELEMENTS) -
SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STREET, RIGHT-OF-WAY. An area owned and maintained by government jurisdiction, for public street use.
STREET FURNITURE. Manmade objects, other than buildings, which are part of the streetscape. Examples include, but are not limited to, benches, litter containers, planting containers, sculptures, and bus shelters.
STREET PAVEMENT. The wearing or exposed asphaltic or cementitious surface materials and underlying aggregate base materials of the roadway used by vehicular traffic.
STREET WIDTH. The shortest distance between the edges of the traveled roadway if there is no curb, or between the faces of the curb with a minimum of 24 feet, subject to the City Engineer's discretion.
STREETSCAPE. The aesthetic appearance and nature of a street in a neighborhood created by elements such as architecture, graphics, and landscaping.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. See 'Building or Structure'.
SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than ten acres in area, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel or land. The term includes resubdivision and, where appropriate to the context, relates either to the process of subdividing or to the land subdivided.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its previous condition before becoming damaged 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, however, include either:
(1) 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; or
(2) Any alteration of a "historic structure," provided that the alteration will 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 CFR Part 59.1.
SUBSTATIONS. Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 KV for interconnection with high voltage transmission lines shall be located outside of the road right of way.
SURFACE WATER. All streams, lakes ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems, waterways, watercourses, and irrigation systems whether nature or artificial, public or private.
SURFACED. A road, driveway, approach or parking lot which consists of bituminous material, concrete or other similar material.
SWIMMING POOL. Any basin or tank, above ground level or below ground level, containing an artificial body of water sufficiently deep for swimming.
TERRACE. A level plane or surfaced patio, directly adjacent to the principal building on the surface of the land or on the roof of a building.
TOXIC AND HAZARDOUS WASTE. Waste materials including, but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.
TRAFFIC SIGHT DISTANCE. A triangular area on a corner lot of intersecting streets which limits the placement of vegetation and other material which can obstruct the view to oncoming traffic. The vertical area to be protected is from two and one-half feet above the grade of the street to seven feet above the grade of the street.
TRAILER, WEIGHTED. A trailer required by the State of Minnesota to be registered at over 3,000 pounds gross vehicle weight, that is are not a recreational trailer or towed as a tractor/semi-trailer combination.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty building for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 90 consecutive days. The location of transient merchants shall be regulated by the zoning regulations.
TRANSIT STATION. A building or structure used by persons changing transportation modes to or from transit; includes facilities where several transit routes converge, designed to accommodate several transit vehicles at once to permit transfer between transit routes. A TRANSIT STATION shall not include a transit stop.
TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
TRELLIS. A framework over which vines and plants may grow that is not a pergola. A freestanding trellis or a trellis attached to and supported by a
building extending out from the building more than five feet shall be considered a fence.
USABLE OPEN SPACE. A required area on a lot which is graded, developed, landscaped and equipped, intended and maintained for active and/or passive recreation, available and accessible to and usable by all persons. Such area and improvements include: ground areas, terraces, balconies, decks, rooftops, outdoor swimming pools, outdoor seating areas, patio area, game area, landscaped and grassy areas, gardens, sculpture gardens, recreational facilities, pedestrian paths and trails or similar outdoor fixtures or features, and water. Public parks or plazas within 300 feet of the site may be used to meet this requirement.
USE. The purpose or activity for which the land or building thereon is intended, designated or arranged or for which it is occupied, utilized or maintained.
USE, ACCESSORY. A use subordinate to the principal use on a lot and used for purposes customarily incidental to those of the principle use.
USE, CONDITIONAL. A use that may be allowed in a particular zoning district and compatible with the district's character only if controlled through additional standards and discretionary review that ensures the appropriateness of a particular use at a particular location in the district.
USE, CONFORMING. Designates a use which satisfies all applicable requirements of this chapter as amended.
USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
USE, NON-CONFORMING. See 'Non-Conforming-- Use'.
USE, PERMITTED. A use which of itself conforms with the requirements, regulations and performance standards of the particular zoning district
in which it is located, in addition to other regulations of this chapter.
USE, PRINCIPAL. The main use of land or structures, as distinguished from a subordinate or accessory use.
USE, SEXUALLY ORIENTED. See 'Adult Use'.
USE CATEGORY. A class of similar uses grouped together for purposes of delineating the uses permitted in a zone.
UTILITIES, MUNICIPAL. City facilities such as electrical, sanitary sewer, water and storm sewer designed and constructed to City and State Board of Health standards owned and operated by the city for the public use.
VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, etc.
VARIANCE. A modification or variation from the literal provisions of the chapter where it is determined that their strict enforcement would cause practical difficulties to a specific piece of property. A variance shall not be granted allowing a use prohibited in the district in which the structure, use and lot are located.
VBWD. Valley Branch Watershed District.
WALL, RETAINING. A wall not laterally supported at the top, which resists lateral soil load and other imposed loads.
WATER BASIN. An enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters.
WATER BODY. All surface waters, water basins, watercourse, and wetlands as defined in this Code.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks.
WATERCOURSE. Any natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale, or wash in which waters flow continuously or intermittently in a definite direction.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WELLHEAD PROTECTION PLAN. A document that provides for the protection of a public water supply, submitted to the Minnesota Department of Health, is implemented by the public water supplier, and complies with: A) the wellhead protection elements specified in the 1986 amendments to the Federal Safe Drinking Water Act, United States Code, Title 42, Chapter 6A, Subchapter XII, Part C, Section 300h-7 (1986 and as subsequently amended); and B) Minnesota Rules parts 4720.5200 to 4720.5290.
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 soil conditions, commonly known as hydrophytic vegetation. Any wetland as defined in M.S. § 103G.005, Subd. 19.
WETLAND CONSERVATION ACT (WCA). The Minnesota Wetland Conservation Act of 1991, as amended.
WHOLESALE ESTABLISHMENT. A business establishment engaged primarily in selling to retailers for resale.
WIND ENERGY-
BLADE. The extensions from the hub of a wind energy conversion system which are designed to catch the wind and turn the motor to generate electricity.
HEIGHT, TOTAL SYSTEM. The height above grade of the small wind energy system, including the generating unit and the highest vertical extension of any blades or rotors.
ROTOR. The wind energy conversion system blades and the hub to which they are attached.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
SHADOW/FLICKER. The shadows cast from wind energy conversion system which generally occurs in close proximity to the wind energy conversion system, although this will vary depending on the time of year, latitude, and turbine height. Flicker effects can occur when the sun shines through the rotor blades at certain times of day and results in the temporary blocking of the sun's rays with each pass of a rotor blade.
SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS. A small wind energy system that has blades which rotate through a horizontal plane.
SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS. A small wind energy system that has blades which rotate through a vertical plane.
SMALL WIND ENERGY SYSTEM, BUILDING-MOUNTED. A small wind energy system which requires support by a building, and does not connect directly to the ground. A building mounted system is not a minor projection, as defined in Section 29.402.
SMALL WIND ENERGY SYSTEM, COLLOCATED. A small wind energy system that is mounted on a tower or pole structure which serves another primary purpose, such as a parking lot light or flagpole.
VEHICLE-
VEHICLE, COMMERCIAL. Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and similar vehicles not ordinarily used for personal transportation having a gross weight of more than 10,000 pounds and/or exceeding 18 feet in length.
VEHICLE, COMMERCIAL TYPE I. A commercial vehicle less than eight feet, six inches in height as measured to the top of any attachments or 22 feet in length as measured to include any attachments to the vehicle.
VEHICLE, COMMERCIAL TYPE II. A commercial vehicle greater than dimensions of Type I and less than 15,000 gross vehicle weight rating.
VEHICLE, LARGE RECREATIONAL. A recreational vehicle over 36 feet in length or a boat or unoccupied trailer over 25 feet in length.
VEHICLE, MOTOR. Any self-propelled vehicle designed and originally manufactured to operate primarily on highways, and not operated exclusively upon railroad tracks. Generally, does not include snow mobiles, manufactured homes or trailers. May include all-terrain vehicles if displaying disability plates per M.S. § 169.345.
VEHICLE, PASSENGER. Any motor vehicle designed and used for carrying not more than 15 individuals, including the driver. Passenger vehicle does not include buses, school buses, or commuter vans.
VEHICLE, RECREATIONAL. A vehicular type portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. Also includes trailers classified as small utility trailers by the Minnesota Department of Vehicle Services, receiving permanent registration with a gross vehicle weight of 3,000 pounds or less, and vehicles bearing a State of Minnesota recreational vehicle license plate required for self-propelled vehicles and trailers equipped as temporary human living quarters.
WAREHOUSING. A facility for the storage, packing, and crating of materials or equipment within an enclosed building or structure awaiting shipment to other premises.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers, which operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL. A wind energy conversion system greater than 40 kW in total name plate generating capacity and designed or operated to provide energy principally to consumers located off the premises and does not meet the requirements established for a non-commercial wind energy conversion system.
WIND ENERGY CONVERSION SYSTEM, FREESTANDING. A wind energy conversion system other than roof-mounted.
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL. A wind energy conversion system consisting of a wind turbine and associated control or conversion electronics used primarily to reduce on-site consumption of utility power. A non-commercial wind energy conversion system shall not exceed a rated capacity of 40 kW in total name plate generating capacity.
WIND ENERGY SYSTEM (WES). An aggregation of parts including the foundation, base,
tower, generator, rotor, blades and supports in such configuration as necessary to convert the power of wind into electrical energy primarily for on-site use (e.g., wind charger, windmill or wind turbine).
WIND ENERGY SYSTEM, INTERCONNECTED. A wind energy system which produces electric power and is capable of connecting with the utility's electric system or is otherwise capable of distributing surplus electricity to the public or other properties outside the control of the wind energy system's owner, even if the system is temporarily or automatically disconnected by a switch or other mechanical device.
WIND ENERGY SYSTEM, NON-ELECTRIC. A wind energy system which converts the power of the wind into a mechanical energy, which is not electrical, and may otherwise be of a decorative, ornamental or historical nature.
WIND TURBINE. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
WIND TURBINE GENERATOR. The component of a WES that transforms mechanical energy from the wind into electrical energy.
YARD. The open space on a lot inclusive of the required setback areas.
YARD, CORNER SIDE. A yard located immediately adjacent to and extending along the corner side lot line between the front yard and the rear lot line.
YARD, FRONT. That portion of the yard extending along the full width of the front lot line.
YARD, INTERIOR SIDE. A yard located immediately adjacent to and extending along another zoning lot or an alley between the front yard and the rear lot line.
YARD, LANDSCAPED. A front, side or rear yard that is required to be landscaped, as specified in this zoning ordinance.
YARD, REAR. That portion of the yard on the same lot with the principal building located between the rear line of the principal building and the rear lot line and extending the full width of the lot. (see FIGURE 10)
YARD, REQUIRED. See 'Setback, Area'.
YARD, SIDE. That portion of the yard extending along the side lot line.
YARD SALE. The sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
ZONING. A map-based system for guiding land-use development by dividing a city into land-use zones. An associated zoning code specifies the types of acceptable land uses, setbacks, lot sizes, and other restrictions for each zoning classifications and affects what an individual may legally do to develop and use parcels therein. It is the method by which jurisdictions control the manner in which areas develop.
ZONING ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter.
ZONING DISTRICT. A mapped area or areas as defined by this chapter within which the regulations and requirements governing the use of property are uniform.
ZONING ORDINANCE. See 'Ordinance'.
ZERO LOT LINE. See 'Lot Line, Zero'.
(Ord. 739, passed 8-18-2015; Am. Ord. 750, passed 3-15-2016; Am. Ord. 753, passed 7-19-2016; Am. Ord. 760, passed 12-20-2016; Am. Ord. 779, passed 2-19-2019; Am. Ord. 783, passed 4-16-2019; Am. Ord. 799, passed 7-20-2021; Am. Ord. 806, passed 7-26-2022)