For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Making contact with or separated only by public thoroughfare, railroad, public utility right-of-way, or navigable waters.
ACCESSORY BUILDING OR USE. A subordinate building or use, attached or detached, which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of that building or main use. A building or use subordinate to and serving the principal building or use on the same lot, attached or detached, and clearly and customarily incidental thereto.
ADDITION. A physical enlargement of an existing structure.
ADDRESS SIGN. A sign communicating street address only, whether in script or in numerical form.
ADMINISTRATOR. The officer, duly authorized deputy, or other person charged with the administration and enforcement of this chapter.
ADVERTISING SIGN. A billboard, poster panel, painted bulletin board, or other communicative device which is used to advertise products, goods, or services which are not exclusively related to the premises on which the sign is located. For purposes of this chapter, a sign posted no more than 120 hours in any eight-day period shall not be considered an ADVERTISING SIGN.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property, not to exceed 30 feet in width at its intersection with a street.
ALTERATION. Any change in the size, shape, character, or use of a building or structure; or any change made to a sign; but shall not include routine maintenance, painting, or change of copy of an existing sign.
ANTENNAE. Equipment located on the exterior of or outside of a building or structure used for transmitting or receiving radio, television, or telecommunication signals.
APARTMENT. See DWELLING UNIT.
APARTMENT BUILDING. See DWELLING, MULTIPLE-FAMILY.
AREA IDENTIFICATION SIGN. A sign which identifies the name of a shopping center consisting of three or more separate business concerns, a singular freestanding commercial or institutional building 50,000 square feet or larger, an industrial building in excess of 100,000 square feet, an industrial area, an office or institutional complex consisting of three or more buildings, or any combination of the above. An AREA IDENTIFICATION SIGN shall contain no advertisement, except on a reader board.
AUTO REDUCTION YARD. A lot or yard where three or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment.
AUTOMOBILE DETAILING. Any facility that provides extensive vehicle cleaning in exchange for a fee or as part of a service to customers, including but not limited to the use of vacuums, shampoos and other cleaning products, steam cleaners, and manual detailed cleaning inside and outside the vehicle.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; including body work, frame work, and major painting service.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under the definition of automobile repair, major.
AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries, or minor accessories, minor automobile repairs, and greasing or washing of individual automobiles. When sales, services, and repairs as detailed here are offered to the public, the premises will be classified as a public garage. AUTOMOBILE SERVICE STATIONS shall not include the sale or storage of vehicles; shall not include premises offering major automobile repairs, automobile wrecking, or detached car washes.
AUTOMOBILE WASHING (CAR WASH). Any facility that provides an area for washing and cleaning of motor vehicles using water, whether it be automated or self-serve, in exchange for a fee or as part of a service to customers and may include vacuums.
AUTOMOBILE WRECKING. See JUNK YARD.
AWNING. A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a supporting building.
BANNERS. Temporary signs or other attention-getting devices used to announce open houses, grand openings, special announcements, sales, or other matters.
BASEMENT. The portion of a building having more than one-half of the clear floor-to-ceiling height below the average level of the adjoining finished grade. A BASEMENT shall be counted as a story when the ceiling of the BASEMENT extends more than five feet above the highest level of the adjoining finished grade; otherwise it shall not be counted as a story.
BENCH SIGNS. A sign which is affixed to a bench, such as at a bus stop.
BILLBOARD. See ADVERTISING SIGN.
BLOCK. A tract of land bounded by streets, highways, expressways, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of the corporate limits of the city.
BOARD. The Zoning Board of Appeals.
BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.
BROADCASTING ANTENNA, RADIO AND TELEVISION. Commercial or public broadcasting towers over 200 feet in height, or more than one tower in each installation of any height, or accessory use non-commercial towers of any height if not located on the same lot or parcel as the principal use.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum setbacks and open space requirements of this chapter are met.
BUILDING. The portion of a structure that consists of a roof and is enclosed so as to afford persons or property protection from the elements, which structure is used or intended for supporting or sheltering any use or occupancy; and when the structure is divided by party walls without openings, each portion of the BUILDING so separated shall be deemed a separate BUILDING.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.
BUILDING, DETACHED. A building surrounded by open space on the same lot as the principal building.
BUILDING FACADE. The area of any exterior elevation of a building extending from grade to the top of the exterior wall and the entire width of the building elevation, including parapets, awnings, canopies, mansards, or other appendages or architectural treatments to the wall. The FACADE does not include flat roof sections of multi-level buildings nor the shingled faces of hip roofs or gable roofs.
BUILDING HEIGHT. The vertical distance measured from curb level or its equivalent, to the highest point of the roof surface on a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip, and gambol roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building, provided its setback from the street line is not less than the height of the finished grade above the established curb level.
BUILDING LINE. An imaginary line separating buildable area and required yards.
BUILDING, NON-CONFORMING. Any building or structure which does not comply with all the regulations of this chapter or any amendment thereto governing the zoning district in which the building or structure is located.
BUILDING OFFICIAL. A city official appointed by the City Council to provide for the enforcement of the Building Code.
BUILDING, PRINCIPAL. A non-accessory building in which the primary use of the lot on which it is located is conducted.
BUSINESS. Any establishment, occupation, employment, or enterprise wherein merchandise is manufactured, exhibited, or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.
BUSINESS SIGN. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located.
CAMPAIGN SIGN. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.
CANOPY. A projection or extension of a building or structure erected in a manner so as to provide a shelter or cover over the approach to any entrance to a store, building, or place of assembly.
CANOPY SIGN. Any message or identification affixed to a canopy.
CANOPY, VEHICULAR SERVICE. A permanent roof-like structure either attached or detached from a permitted building, designed to provide cover for off-street vehicle service areas, such as gasoline station pump islands, drive-in establishments, truck loading berths, and the like.
CHURCH. A building, together with its accessory buildings, for public worship as the principal use and where the buildings and uses are maintained and controlled by an organized group for public worship.
CITY. The City of Osseo, unless otherwise provided by the context.
CLINIC, MEDICAL. A building in which a group of physicians, dentists, or combination thereof, and professional assistants, are associated for carrying on their profession. The CLINIC may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.
COMMERCE, RETAIL SERVICE. An enterprise that involves the offering of a service or entertainment to the general public for compensation.
COMMERCE, RETAIL TRADE. An enterprise that involves the offering of a product to the general public for compensation.
CONDITIONAL USE. A use which, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within a zone because of hazards in the use itself or special problems which its proposed location may present.
CONDOMINIUM. A form of individual ownership within a multiple-family structure which entails joint responsibility for maintenance and repairs; each dwelling unit is owned outright, and each occupant owns a share of the land and other property.
CONSTRUCTION SIGN. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.
COUNCIL. The City Council.
CURB LEVEL. The level of the established curb in front of the building measured at the center of the front. Where no curb elevation has been established, the City Engineer shall establish a curb elevation. When a building has frontage on more than one street, the lowest CURB LEVEL as determined above will apply.
DIRECTION SIGN. A sign erected on public or private property which bears the address and/or name of a business, institution, church, or other use or activity, plus directional arrows or information regarding location.
DIRECTORY SIGN. An exterior informational wall sign which identifies the names of businesses served by a common public entrance.
DISTRICT. Refers to a specific zoning district as defined by this chapter.
DISTRICT, ZONING. A portion of the corporate area of this city within which certain uniform regulations and requirements or various combinations thereof apply under the conditions of this chapter.
DUPLEX. A residential structure containing two dwelling units only, completely surrounded by open space.
DWELLING. A building or portion thereof designed or used exclusively for residential occupancy including one-family, two-family, and multiple-family dwelling units; but not including hotels, motels, boarding or rooming houses, recreational vehicles, tents, or cabins.
DWELLING, DETACHED. One which is completely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A single structure specifically constructed and designed for and containing three or more dwelling units, with more than one unit connecting to a common corridor or entrance way or with the dwelling units having two or more contiguous party walls. For example, four-plexes and apartment buildings; but not including hotels, motels, or boarding houses.
DWELLING, ONE-FAMILY. A residential structure containing one dwelling unit only.
DWELLING UNIT. One or more rooms which are arranged, designed, or used exclusively as living quarters for one family or one individual only. Complete single kitchen facilities and individual bathrooms, permanently installed, shall always be included with each DWELLING UNIT.
EAVES. The edge of a roof, usually projecting beyond the walls, the height of which edge is measured from the lowest point thereof to grade.
EFFICIENCY UNIT. A dwelling unit with one primary room which doubles as a living room, dining room, and bedroom.
EROSION. The wearing away of the land surface by the action of natural elements.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water transmission or distribution system; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment or accessory equipment in conjunction therewith, not including buildings.
FAMILY. One or more persons related by blood, marriage, or adoption, including foster children, all of the members of which have common use and access to all living and eating areas, bathrooms, and food preparation and serving areas and which is based on an intentionally structured relationship providing organization and stability, maintaining a common household in a dwelling unit.
FEEDLOT. An enclosure for the purpose of feeding, breeding, raising, or holding poultry or livestock, not an accessory use incidental to an agricultural operation.
FENCE. A structure, including walls, hedges, or similar barriers, providing enclosure, but not necessarily protection, against the elements, or which provides a visual barrier between adjacent property and the area enclosed.
FLASHING SIGN. A sign which contains rotating, flashing, or intermittent lights, or animation, or exhibits noticeable changes in color, intensity, texture, shape, pattern, or light intensity.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings on a zoning lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, FLOOR AREA will include:
(1) Basement space (as basement is defined herein);
(2) Attic floor space where the structural headroom exceeds seven and one-half feet;
(3) Interior balconies and mezzanines;
(4) Enclosed porches, but not terraces and breezeways;
(5) Stairwells at each level; and
(6) Accessory structures.
FLOOR AREA, LIVABLE. The same area as defined in the definition of floor area herein, excluding all areas occupied by basements, garages, porches, attics, stairways, and storage, utility, and heating rooms, and other accessory uses.
FLOOR AREA RATIO or F.A.R. The floor area of the building or buildings on a zoning lot divided by the area of the zoning lot, or in the case of planned development, by the net site area. The F.A.R. requirements, as set forth in each zoning district, shall determine the maximum floor area allowable (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
FREESTANDING SIGN. Any stationary, self-supporting sign not affixed to any other structure and supported by a pole(s). A reader board may be attached to the FREESTANDING SIGN structure, but the reader board shall not exceed 20% of the area containing the sign copy. The reader board shall be included in calculating the allowable sign square foot area as required in the individual district.
FRONT BUILDING FACADE. The side or sides of the building containing the public entrance.
GARAGE, PRIVATE. An attached or detached building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles and recreational vehicles.
GARAGE, PUBLIC. A place where any or all of the services as set forth in the definition of automobile service station herein are offered to the public, and the services or sales are made directly into or on the motor vehicle.
GOVERNMENTAL SIGN. A sign which is erected by a governmental unit for the purpose of identification and directing or guiding of traffic.
GRADE.
(1) For buildings and structures, the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
(2) For signs, the elevation of the ground immediately adjacent to the sign base.
GREENHOUSE. A structure used for the cultivation or protection of flowers, vegetables, and nursery stock.
HOME OCCUPATION. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services.
HOME OCCUPATION SIGN. A sign directing attention to a home occupation.
HOSPITAL. An institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and where ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
IDENTIFICATION SIGN or NAMEPLATE. Any sign which states the name and/or address of the business or occupant of the lot or building where the sign is placed or may be a directory listing the names, addresses, and/or businesses of occupants. IDENTIFICATION SIGNS shall contain no advertisement.
ILLUMINATED SIGN. Any sign which is designed to be or is lighted by an artificial light source either directed upon it or illuminated from an interior source. All ILLUMINATED SIGNS shall have light sources shielded to confine direct illumination to the face area of the sign.
IMPERVIOUS SURFACE. Any structure or surface which interferes to any degree with the direct absorption of water into the ground, including but not limited to roofs, sidewalks, paved driveways and parking areas, patios, tennis courts, swimming pools, or any other surface.
INDUSTRY. An enterprise which involves the production, processing, or storage of materials, goods, or products.
INFORMATION SIGN. Any sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification.
INSTITUTIONAL SIGN. A sign and/or reader board which identifies the name and other characteristics of an institutional use located within any zoning district and allowed by this chapter. INSTITUTIONAL SIGNS shall contain no advertisement. Examples: churches, schools, sanitariums, hospitals, government buildings, or nursing homes.
INTEGRAL SIGN. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets, and the like, when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure.
JUNK YARD. An area where used, waste, discarded, or salvaged equipment or materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles, and lumber. A JUNK YARD includes an automobile wrecking or dismantling yard, but does not include uses established in conjunction with a permitted manufacturing process when within an enclosed area or building.
KENNEL. Any structure or premises on which four or more dogs over four months of age are kept for sale, breeding, profit, boarding, and the like.
LANDSCAPE. Any changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.
LOADING SPACE. The portion of a lot designed to serve the purpose of loading and unloading all types of vehicles.
LOT. A zoning lot, except as the context shall indicate a lot of record, in which case a LOT is a lot of record.
LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lot lines, measured within the lot boundaries, but not including any area occupied by the waters of a duly recorded lake or river.
LOT, CORNER. A lot situated at the intersection of two streets.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory structures.
LOT DEPTH. The average horizontal distance between the front and rear lot lines measured within the lot boundaries.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line will be the FRONT LOT LINE.
LOT LINE, REAR. The boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or Register of Titles prior to adoption of this chapter; or a parcel of land, the deed to which was recorded in the office of Register of Deeds or Register of Titles prior to adoption of this chapter.
LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel public streets. On such a lot, both street lines shall be deemed front lot lines.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the building setback line.
LOT, ZONING. A single tract of land which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A ZONING LOT OR LOTS may or may not coincide with a lot of record.
MANUFACTURED HOME. A structure, 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, and which complies with the manufactured home building code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time.
MANUFACTURING. To bring something into being by forming, shaping, combining, or altering materials.
MANUFACTURING, ARTISAN. The production of goods by the use of hand tools, light mechanical equipment, or similar means, occurring solely within an enclosed building. A building containing an artisan manufacturing use must have negligible negative impact on the urban fabric, surrounding properties, water resources, air quality, and/or public health. Such uses include, but are not limited to: production of alcohol including certain breweries and microdistilleries as allowed by city code and state law; woodworking and cabinet shops; ceramic studios; jewelry manufacturing; welding and metal fabricators; upholsterers; food processing; and arts and crafts.
MATERIAL, DURABLE. A hard-surfaced material such as concrete or asphalt, but not including gravel or crushed rock.
MEASURED WALL. The wall or walls comprising the front building facade.
MOBILE HOME. A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without permanent foundation; meaning that the support system is constructed with the intent that the MOBILE HOME placed thereon will be moved from time to time at the convenience of the owner. A manufactured home is not a mobile home.
MODULAR, PRE-FABRICATED. A dwelling unit which is of closed construction and which is made or assembled in manufacturing facilities on or off the building site for assembly and/or installation on the building site. A MANUFACTURED DWELLING UNIT may also mean a building of open construction, made or assembled in manufacturing facilities away from the building site for assembly and/or installation on the building site. This type of structure will be made permanently affixed to the building site, and shall be considered congruous to a one-family dwelling.
MONUMENT SIGN.
(1) A sign which is attached to or supported by a monument structure which bears entirely on the ground, extending horizontally for a minimum of 80% of the entire length of the sign face. The sign base shall be constructed of any one or combination of the following materials: brick, stone, decorative masonry, plastic, aluminum, colored metals, or decay-resistive wood. The base and supporting material shall constitute at least 25% of the total allowable sign square footage. A reader board may be attached to the
MONUMENT SIGN but shall not exceed 20% of the area containing the sign copy. The sign copy, reader board, or message shall have a minimum clearance of three feet above grade. The area containing sign copy, including reader board, and the area of the monument structure itself shall be combined for determining the total square footage and height.
(2) A sign attached to a retaining wall shall be considered to be a
MONUMENT SIGN provided the message or copy does not exceed the allowable sign area as specified for the applicable zoning district, and all other provisions for a MONUMENT SIGN are met.
MOTEL, MOTOR COURT, or MOTOR HOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for use by transient automobile tourists and furnishing customary hotel services.
MOTION SIGN. Any sign which revolves, rotates, has any moving parts, or gives the illusion of motion.
MOTOR VEHICLE. Any passenger vehicle, truck, truck-trailer, motorcycle, or recreational vehicle propelled or drawn by mechanical power.
NON-CONFORMING SIGN. A sign which was lawful at the time it was erected but which does not now conform with the regulations of this chapter; also known as a LEGAL NON-CONFORMING SIGN.
NON-PROFIT ORGANIZATION. A corporation formed under M.S. Ch. 317A, as it may be amended from time to time, or similar statute of another state or governing entity, and which is formed for a purpose not involving pecuniary gain to its shareholders or members and paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members; or a community or civic group such as the Lions Club, League of Women Voters, or the like.
NOXIOUS MATTER OR MATERIAL. Material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals.
NURSING, CONVALESCENT, AND RETIREMENT HOMES. A home for aged, chronically ill, or convalescent persons in which two or more persons not of the immediate family are received, kept, or provided with food, shelter, and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
ODOROUS MATTER. Any material or matter that yields an odor which is offensive in any way.
OPEN SPACE. Any open area not covered by structures owned by a person or persons including but not limited to the following uses: required or established yard areas, parking areas, sidewalks, school walks, trails, recreation areas, groundwater recharge areas, flood plain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitations for development.
PARAPET. The part of any wall or wall-like structure entirely above the roof line.
PARKING SPACE, AUTOMOBILE. A suitably surfaced and permanently maintained area off the public street right-of-way, either within or outside of a building, of sufficient size to store one standard automobile, but in no event less than 180 square feet, exclusive of passageways, driveways, or other means of circulation.
PARTICULATE MATTER. Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.
PARTY WALL. A wall which divides a structure into two independent buildings.
PENNANT. Attention-getting devices, such as streamers, constructed of paper, cloth, plastic, or other materials; excluding banners and flags.
PERFORMANCE STANDARDS. Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, or heat, generated by or inherent in uses of land and buildings.
PERMANENT SIGN. Any sign which is not a temporary sign.
PERSON. Any individual, firm, partnership, corporation, company, association, joint stock association, or political body; and includes any trustee, receiver, assignee, or other similar representative.
PLANNING COMMISSION. The Planning Commission of the city.
PORTABLE SIGN. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure.
PRODUCT IDENTIFICATION SIGNS. A sign that is not necessary to identify a business and identifies a product or service either sold on or off the premises on which the sign is located.
PROJECTING SIGN. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.
PROPERTY LINES. The lines bounding a zoning lot as defined herein.
PUBLIC ENTRANCE. A passage or opening in a building, which passage or opening is designed primarily to facilitate the ingress or egress of members of the general public who are seeking the goods or services offered therein.
(1) The term members of the general public shall not include supportive service- and maintenance-related personnel.
(2) Factors to be used in determining that a passage or opening is a
PUBLIC ENTRANCE and which will be considered as affirming an entrance to be PUBLIC shall include such things as the location and design of the entrance, its role in the city’s determination of the building’s street address, and its use by the Postal Service as a delivery point of mail addressed to the building or the use therein.
PUBLIC UTILITY. A person, firm, or corporation, municipal department, board, or commission duly authorized to furnish and furnishing to the public, under federal, state, or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.
READER BOARD SIGN. The portion of the sign used for removable or changeable letters and numbers to convey messages.
REAL ESTATE SIGN. A business sign placed upon a property advertising that particular property for sale, for rent, or for lease.
RECREATIONAL VEHICLE. Any type of vehicle, either self-powered or drawn by another vehicle, that is used primarily for purposes of recreation or transportation of recreational vehicles, equipment, and the like, including but not limited to campers, motor homes, travel trailers, snowmobiles, camper trailers, motorcycle trailers, snowmobile trailers, horse trailers, and the like.
ROOF. The outside top covering of a building designed to serve as the principal means of enclosing the building interior from descending outside elements such as, but not limited to, rain, snow, and sunlight.
ROOF LINE. The top of the coping or, where the building has a pitched roof, the intersection of the outside wall with the roof.
ROOF SIGN. Any sign which is erected, constructed, or attached wholly or in part upon or over the roof of a building.
ROTATING SIGN. A sign which revolves or rotates on its axis by mechanical means.
RUMMAGE SALE or GARAGE SALE. An infrequent temporary display and sale by an occupant on his or her premises of personal property, including general household rummage, used clothing, and appliances. The persons conducting the sale shall be residents of the property on which the sale is conducted.
SATELLITE ANTENNA. A structure and all supporting apparatus which is used for receiving satellite signals. If the structure is roof-mounted and exceeds ten feet in height above the highest point of the roof, it is considered a roof-mounted antenna. If the structure is ground-mounted it is considered an accessory structure.
SETBACK.
(1) For signs, the minimum horizontal distance from the closest part of a sign to the property line, or public street easement or right-of-way.
(2) For structures, the minimum horizontal distance between the front, rear, or side line of the building or structure (excluding steps, unroofed porches, and overhangs) and the front, rear, or side lot line, unless specifically designated otherwise.
SHOPPING CENTER. An integrated grouping of commercial stores, under single ownership or control.
SIGN. Any object, device, display, structure, or part thereof, situated outdoors or indoors, which is displayed to attract the attention of the public while on public streets, highways, or walkways to the object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. SIGNS do not include flags of any nation, state, city, religion, or fraternal or civic organization, merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, scoreboards on athletic fields, sound trucks or other moving
advertising media while operated on a public right-of-way, official traffic signs or symbols, banners announcing civic celebrations or events of special interest, mounted house numbers under 12 inches in height, mounted nameplates or building address numbers under six square feet in area identifying the occupants or address of a building, or address or public information signs displayed for the convenience of the traveling public, when established by a public agency.
SIGNS also do not include murals, color schemes, or facade patterns which by themselves would not convey a message about business or product without other sign elements present.
SIGN, ADVERTISING. A sign which directs attention to a business, service, event, or location not related to the premises where the sign is located.
SIGN AREA. The area measured within the perimeter lines of the sign which bears the advertisement, or in the case of messages, figures, or symbols, including those attached directly to any part of a building. The area which is included in the smallest rectangle which can be made to circumscribe the message, figure, or symbol displayed for the purpose of advertisement. The specified maximum SIGN AREA for a freestanding or monument sign refers to a single facing and not to the aggregate area of both faces. The SIGN AREA for a monument sign shall include the sign structure.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered, on the premises where the sign is located.
SIGN, MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of the sign.
SIGN, MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign.
SIGN STRUCTURE. The supports, uprights, bracing, and framework for a sign, including the sign area.
SITE AREA. The area of a parcel or parcels of land to be developed under the R-2 and R-3 district regulations and to be developed as part of a single development action or a single stage of a staged development.
STREET, ARTERIAL. A street which provides for traffic movement to and from municipalities and the surrounding areas, to and from freeways or expressways and collector streets, and between major parts of an urban area. Intersections are at grade and direct access to abutting property should be avoided.
STREET, COLLECTOR. A street which collects and distributes the internal traffic within an area of a community such as a residential neighborhood or industrial district, and between arterial and local streets. It provides some access to abutting property.
STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one STREET FRONTAGE and a corner lot has two STREET FRONTAGES.
STREET, LOCAL. A street of little or no continuity, designed to provide access to abutting property and leading into collector streets.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong or increase the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.
STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, retaining walls, or fences.
SWIMMING POOL. Any outdoor structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing used in connection with a residential dwelling and having a depth of more than 24 inches at any point and a surface area exceeding 150 square feet.
TEMPORARY SIGN. Any sign which is erected or displayed with or without a permit for a specified period of time (such as banners, portable signs, searchlights, trucks, trailers, window signs, and the like).
TOWER. A pole, spire, or structure, or any combination thereof, to which an antenna is attached, including supporting lines, wires, and braces.
TOWNHOUSE. A one-family dwelling unit horizontally attached to one or more similar dwelling units in a linear arrangement and structured on individual lots. Features of TOWNHOUSES are their private yards and private entrances. A TOWNHOUSE development normally includes common open space for athletic and recreational purposes. TOWNHOUSES by this definition do not include multiple units in a single structure such as triplexes, four-plexes, or apartment buildings.
TOXIC MATTER OR MATERIAL. Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRAVEL TRAILER. A vehicular portable structure, built on a chassis, designed to be used as a temporary dwelling for travel, recreation, and vacation uses.
TRIANGLE. The triangular area defined as follows: beginning at the point of intersection of the rights-of-way of two intersecting streets or one intersecting street and one alley, thence 20 feet along one right-of-way line, thence diagonally to a point on the other right-of-way line 20 feet from the point of beginning, thence to the point of beginning.
UNLAWFUL SIGN. A sign which exists prior to or after the passage of this chapter or amendments thereto, which does not conform with the regulations of this chapter and is not an existing legal sign and is not a sign erected with a sign permit.
USABLE OPEN SPACE. The required portion of a lot at ground level, unoccupied by buildings, and available to all the occupants of the building. This space of minimum prescribed dimensions shall not be devoted to service driveways or off-street parking space or loading berths but shall be usable for greenery, recreational space, and other leisure activities normally carried on outdoors.
USE. The purpose or activity for which the land or buildings thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of that activity with respect to the performance standards of this chapter.
USE, ACCESSORY. A use subordinate to the principal use or building on the same lot and customarily incidental thereto as well as attached or detached therefrom.
USE, CONDITIONAL. A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case of the impact of that use upon neighboring land, and the public need for the particular use at the particular location, the CONDITIONAL USE may or may not be granted.
USE, INCOMPATIBLE. A use which is contradictory, incongruent, or discordant with certain other uses.
USE, NON-CONFORMING. Any use of land, buildings, or structures lawfully existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the use is located.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of the district or districts.
USE, PRINCIPAL. The main use of land or buildings, as distinguished from a subordinate or accessory use.
UTILITY ENTRANCE. A passage or opening in a building which is not a public entrance as defined herein.
VARIANCE. A modification or variation of the provisions of this chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a VARIANCE.
WALL. The building facade area that defines the front of the building. The front is the continuous line of a building that connects side wall to side wall and faces one public right-of-way. For a multi-tenant building on a corner lot, the front is the continuous line of a building which faces either a public right-of-way or a private road in a planned unit development.
WALL GRAPHICS. A sign which is painted directly on an exterior wall surface.
WALL SIGN. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A WALL SIGN does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall.
WAREHOUSING. The commercial storage of merchandise and personal property.
WHOLESALING. A business engaged in selling to retailers or jobbers rather than consumers.
WINDOW SIGN. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display.
YARD. An open space on the same zoning lot with a building or structure, which YARD is unoccupied and unobstructed. A YARD extends along a lot line and to a depth or width measured from the lot line specified in the YARD requirements for the zoning district in which the zoning lot is located.
YARD, FRONT. A yard extending along the full width of the front lot line between the side lot lines.
YARD, REAR. A yard extending along the full width of the rear lot line between the side lot lines.
YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.
ZONING MAP. The map setting forth the boundaries of the zoning districts of the city, which map is a part of this chapter.
ZONING OFFICER. The Zoning Officer of the city as duly appointed by the City Council.
(1997 Code, § 25.06) (Ord. passed 11-14-1994; Am. Ord. 2005-3, passed 4-11-2005; Am. Ord. 2017-3, passed 9-11-2017)