Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage, and so as to give this chapter its most reasonable application.
ACCESSARY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT. Any area of a structure, including crawlspaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes, and upon a finding that the following apply.
(1) Certain conditions as detailed in the zoning ordinance exist.
(2) The structure and/or land use conform to the comprehensive land use plan (if one exists) and are compatible with the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream, or in the stage of a wetland or lake that results in the inundation of normally dry 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 floodplain outside of the floodway. Flood fringe is synonymous with the term Floodway Fringe, used in the Flood Insurance Study for the city.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional 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 floodplain which are reasonably required to carry or store the regional flood discharge.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain 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.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessary uses or structures.
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.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term Base Flood used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in § 153.102(A) and other similar items.
VARIANCE. A modification or variation of the provisions of this code, as applied to a specific piece of property. A VARIANCE from the literal provisions of this code may be granted only in instances where the strict enforcement of these provisions would cause undue hardship because of circumstances unique to the individual property under consideration. VARIANCES shall be granted only when it is demonstrated that the granting of the variance will be in keeping with the spirit and intent of this code. UNDUE HARDSHIP as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, 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 shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. VARIANCES shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subdivision 2, as it may be amended from time to time, when in harmony with the ordinance. A use that is not permitted under the code for property in the zone where the affected person’s land is located shall not be permitted by the granting of a variance. The temporary use of a one-family dwelling as a two-family dwelling may be permitted by a variance. Conditions may be imposed in the granting of variances to insure compliance and to protect adjacent properties.
(Ord. 197, passed 2-26-1990)