For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure, or portion of a structure, subordinate to and serving the principal use on the same lot.
AGRICULTURAL USES. The growing of produce on farms, including, but not limited to, field crop farming, fruit growing, nurseries without buildings, truck gardening or one roadside stand for the sale of products grown on the premises.
ALLEY. A public or private right-of-way of at least 20 feet in width designed to provide a secondary access to abutting property.
ALTERATIONS. A change, addition or modification in:
(1) Construction or type of occupancy; or
(2) Structural members of a building, such as walls or partitions, columns, beams or girders.
APARTMENT. A room, or multi-room living area with a kitchen; the term includes a unit in buildings with two or more dwelling units.
BASEMENT, CELLAR. The portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
BLUFF.
(1) A topographic feature such as a hill, cliff or embankment, having the following characteristics:
(a) Part or all of the feature is located in a shoreland area;
(b) The slope rises at least 25 feet above the normal high water mark of the waterbody;
(c) The grade of the slope from the toe of the bluff to a point 25 feet or more above the normal high water mark averages 30% or greater; and
(d) The slope must drain toward the water body.
(2) An area with an average slope of less than 18% over a distance of 50 feet or more is not considered part of the BLUFF.
BUILDING. A structure having a roof built for the shelter or enclosure of persons, animals or materials.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the HEIGHT may be measured from the average ground level of the grade at the building wall.
BUSINESS. An establishment, occupation, employment or enterprise in which merchandise is manufactured, exhibited, stored, sold or where services are offered for sale.
CHURCH. A building, together with the accessory buildings and uses, where persons regularly assemble for religious worship and that is maintained and controlled by a religious body organized to conduct public worship.
CLUB or LODGE. A non-profit association of persons who are bona fide members paying dues.
COMPREHENSIVE PLAN. The municipal comprehensive plan consisting of a compilation of goals, statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environment, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE. A use classified as conditional generally may be appropriate or desirable in a specified zone, but requiring special approval because if not carefully located or designed, it may cause special problems such as excessive height or bulk or traffic congestion.
CORNER LOT. A lot within a plat that is bounded on two sides by intersecting streets.
DWELLING, DWELLING UNIT. A residential building or portion thereof, not including hotels, motels, boarding or rooming houses, nursing homes, tourist homes, recreational vehicles or tents.
EASEMENT. A grant by a property owner for a specific use by persons or agencies other than the owner.
EFFECTIVE DATE OF THIS CHAPTER. October 24, 2002.
ESSENTIAL SERVICES. Overhead or underground systems and structures used by public utilities or governmental departments or commissions for the purposes of providing electric, gas, steam, water, sanitary sewer, telephone, cable television and Internet services or other services required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, vaults, laterals, cables (including fiber optic cables), fire alarm boxes, police call boxes, stations, substations, switching and relay facilities, water and sewage pumps, lift stations and accessories in connection therewith, but not including buildings or structures that are specifically described in this definition. ESSENTIAL SERVICES do not include antennas or towers that are regulated by Chapter 159 of this code of ordinances.
EXTERIOR STORAGE. (Including open storage.) The storage of goods, material, equipment, except common household gardening and ground care.
FAMILY. One person or two or more persons living together as a single housekeeping unit.
FARM. A tract of land, which is principally used for agricultural purposes such as the production of crops, livestock or poultry farming; the term includes agricultural, dwelling and accessory buildings and structures necessary to the operation of the FARM.
FINAL PLAT. The map or plan of record of a subdivision, and any accompanying material required by the City Council.
FLOOR AREA.
(1) For the purpose of calculating the number of off-street parking spaces required, FLOOR AREA means the sum of the gross horizontal area of the floors of a building measured to the centers of all partitions, except areas used for storage, building maintenance, toilets, window show cases, dressing rooms, employees’ cafés, conference rooms or utilities.
(2) For all other purposes, FLOOR AREA means the sum of the gross horizontal area of the floors of a building measured to the centers of partitions. The FLOOR AREA of a residence does not include the area of attached garages, enclosed breezeways, porches, basements or cellars, or any area used for retailing activities, the production or processing of goods or offices.
FRONTAGE. The boundary of a lot that abuts an existing or dedicated public street.
GARAGE, PRIVATE. An accessory building or accessory portion of the principal building that is used to store automotive vehicles or recreational equipment by a resident of the property.
GARAGE, REPAIR. A building for the repair or maintenance of motor vehicles; the term does not include factory assembly of such vehicles, auto wrecking yards or junk yards.
GRADE. The slope of a road, street or other public way, specified in percent of the feet of vertical change in elevation for each 100 feet horizontally.
HOME OCCUPATION.
(1) A use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof.
(a) HOME OCCUPATION, TYPE 1. A home occupation, the commercial nature of which involves providing a service to a limited number of people who are predominantly acquaintances. Generates less than ten auto trips per week. No employees beyond owner. No signage or other advertising done either on- or off-premise. Would include businesses that are similar in nature to tutoring or music lessons performed on an individual basis. (Allowed in all Residential, Historic Downtown, and Highway Mixed-Use Districts.)
(b) HOME OCCUPATION, TYPE 2. A home occupation, the commercial nature of which involves providing a service to people or organizations that do not receive the service at the property from which is it being provided. Generates less than 25 auto trips per week, including deliveries and employees. No more than two employees, in addition to the owner, working on site. No signage done either on or off-premise. Would include businesses that are similar in nature to telephone sales, consulting, or web design. (Allowed in all Residential, Historic Downtown and Highway Mixed-Use Districts.)
(c) HOME OCCUPATION, TYPE 3. A home occupation, the commercial nature of which involves providing a service or product to people or organizations within the home. Generates less than 60 auto trips per week, including deliveries. No more than two employees, in addition to the owner working on site. May include on-premise signage. May include retail sales of items manufactured on-premise. Would include businesses that are similar in nature to chiropractic service, artist studio or craft shop. (IUP required in all Residential Districts; allowed in Historic Downtown, Highway Mixed Use, and Prospective Interchange Districts.)
(d) HOME OCCUPATION, TYPE 4. A home occupation, the commercial nature of which involves providing a service or product to people or organizations off site. Generates less than 60 auto trips per week, including deliveries. All employees do the majority of their work off-premise. May include on-premise storage or warehousing of work-related materials. Would include businesses that are similar in nature to lawn care services and off-premise sandblasting services. (IUP required in all Residential and Historic Downtown Districts; allowed in Highway Mixed Use and Prospective Interchange Districts.)
(2) Each HOME OCCUPATION in the city shall require a permit. HOME OCCUPATION permits are not transferable to a new owner/renter/occupant, thus the permit will not run with the property, nor be transferable to a different property.
(3) (a) All business activities, including storage, shall be inside buildings or completely screened from adjacent properties.
(b) All activities shall be clearly incidental to the use of the property for residential purposes. Not more than 25% of the gross floor area of the residence or 50% of the gross floor area of a garage or storage building shall be used for commercial purposes.
(c) No HOME OCCUPATION shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building, does not constitute a nuisance to surrounding properties and will not require any on-street parking facilities.
(d) Not more than two non-residents may be employed on the premises by the HOME OCCUPATION.
(e) On the premises, retail sales will be allowed only of products manufactured on those premises, unless specifically authorized by conditional use permit.
(f) No articles for sale shall be displayed so as to be visible from the street.
(g) All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes or litter.
(h) The HOME OCCUPATION shall not generate more than two customer vehicles at one time. Off-street parking shall be provided, but no more than two spaces shall be allowed for customer use.
(i) No mechanical or electrical equipment shall be used if the operation of the equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered. No equipment shall be used in the HOME OCCUPATION which will create electrical interference to surrounding properties.
(j) A person having a HOME OCCUPATION shall provide proof of meeting the above requirements upon request by the city.
(4) Yard sales and garage sales do not require a HOME OCCUPATION permit, so long as they do not exceed seven cumulative days in one calendar year.
(5) One automobile displayed for sale on a property shall not require a HOME OCCUPATION permit so long as not more than two automobiles are sold over 30 cumulative days per calendar year.
HOTEL. A building which provides a common entrance lobby, halls and stairway and in which people can be lodged.
HORTICULTURE. Uses and structures designed for the storage of products and machinery pertaining to horticultural activities.
INSTITUTIONAL RESIDENTIAL FACILITIES. Nursing homes, certified and non-certified boarding care homes, supervised living facilities, group homes, housing with services establishments, board and lodging facilities (with the exception of hotels, rooming houses and private pay senior housing) and adult foster care homes.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
JUNK YARD. An open area where waste and used materials are bought, sold, exchanged, stored, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, wires and bottles. A JUNK YARD includes an auto wrecking yard, but does not include uses that are entirely within enclosed buildings or city approved recycling centers.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOCAL STREET. A street of limited continuity used primarily for access to the abutting properties and higher order streets.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room, which provides sleeping accommodation, will be counted as one LODGING ROOM.
LONG-TERM CARE FACILITIES. Congregate residential facilities that have a housing with services license from the state that provide or coordinate personal services, 24-hour supervision and assistance (scheduled and unscheduled), activities and health-related services.
LOT. Parcel of land intended for transfer of ownership or for building development.
LOT DEPTH. The shortest distance between the front and rear lot lines, measured at the side yard setback line.
LOT LINE. The lines bordering a lot.
LOT LINE, FRONT. The boundary of a lot abutting a public street right-of-way. In the case of a corner lot, the front is the lot side having the shortest dimension on a public street or the owner may select either street lot line as the FRONT LOT LINE.
LOT LINE, REAR. The 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 is a line ten feet in length within the lot, connecting the side lot lines and parallel to the front lot line.
LOT LINE, SIDE. The boundary of a lot that is not a front lot line or a rear lot line.
LOT SPLIT. A subdivision of a platted parcel or parcels of land into two lots along an existing public street not involving the opening, widening or extension of a public street.
LOT WIDTH. The shortest distance between the side lot lines, measured within the first 30 feet of the lot depth, commencing at the front yard setback line.
MANUFACTURED OR MOBILE HOME PARK. A site, lot, field or tract of land under single ownership, designated, maintained or intended for the placement of two or more occupied homes. The term includes buildings, structures, vehicles or enclosures intended for use as part of the equipment of the mobile or manufactured home park.
MOTEL (TOURIST COURT). A building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, designed, used or intended to be used primarily for the accommodation of persons with automobiles.
NON-CONFORMING USE. A building, structure or land lawfully occupied by an actual and active use established on the effective date of this chapter that does not conform with the use regulations for the zoning district in which it is located.
NORMAL HIGH WATER MARK. A mark delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the NORMAL HIGH WATER MARK is not evident, setbacks will be measured from the stream bank.
NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within or outside a building for the purpose of landscape construction.
NURSING HOME. A state licensed facility used to provide care for aged or infirm persons who require nursing care and related services as defined by M.S. § 144A.01, as it may be amended from time to time.
OPEN SALES LOT (EXTERIOR STORAGE). A land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately-owned property either within or outside of a building of sufficient size to store one standard automobile.
PLANNED UNIT DEVELOPMENT (PUD). An area of land, controlled by a single entity, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any zoning district.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Chapter 505, as it may be amended from time to time, and containing all elements and requirements set forth in the city’s subdivision regulations.
PRINCIPAL STRUCTURE OR USE. One which determines the predominant use as contrasted to accessory use or structure.
PROPERTY OWNER; OWNER. The fee owner of land, or the beneficial owner of land whose interest is previously one of possession and enjoyment; the term includes, but is not limited to, vendees under contract for deed and mortgagors.
RECREATIONAL, PUBLIC. Includes all uses such as tennis courts, ball fields, picnic areas and the like; areas commonly provided for the public at parks, playgrounds, community centers and other sites owned and operated by a unit of government for the purpose of providing recreation.
RECREATIONAL VEHICLE. Any watercraft, pull or pop up camper/tent trailer, all-terrain vehicle, motor home, five-foot wheel camper trailer, travel camper trailer, RV or other similar vehicle. A RECREATIONAL VEHICLE does not include enclosed or open utility trailers; provided that, they are not carrying RECREATIONAL VEHICLES.
SERVICE STATION. A place where gasoline, kerosene or other motor fuel lubricating oil or grease for operating motor vehicles is offered for sale to the public, and deliveries are made directly into motor vehicles. The term includes greasing, oiling or the sale of automobile accessories, on the premises, minor repairs, incidental body and fender work, painting and upholstering, the replacement of parts and motor services to passenger automobiles, trucks not exceeding one and one-half tons’ capacity. The term includes major repair, rebuilding or reconditioning of engines, motor vehicles or trailers, body or frame repair or spray painting.
SETBACK. The minimum distance between a structure or sanitary facility and a road, highway or property line.
STREET. A public or private right-of-way that permits access by vehicles to abutting properties.
STREET, MAJOR or THOROUGHFARE. A street that serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and other heavy traffic generating areas or both.
STREET WIDTH. The distance between the lines delineating the right-of-way of a street, including boulevards.
STRUCTURE. Any thing constructed, the uses of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels by a plat, lot split or registered land survey. The term includes re-subdivision and, when appropriate to the context, will relate to the process of subdividing or to the land subdivided.
TOWNHOUSE. A single-family building attached by common walls with other single-family buildings, and oriented so that exits open to the outside.
THOROUGHFARE. An arterial street.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
WAREHOUSING. The storage of materials or equipment within an enclosed building.
YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this chapter. The YARD extends along the lot line at right angles to the lot line to a depth or width specified in the setback regulations for the zoning district in which the lot is located. For earth-sheltered buildings and buildings covered with earth berms, the line of the building is measured from the exterior surface of the building regardless of whether it is above or below grade.
YARD, FRONT. The yard extending between side lot lines across the front of a lot from the principal structure to the street right-of-way.
YARD, REAR. A yard extending between the side yard lines across the rear of the lot from the principal structure to the rear lot line.
YARD, SIDE. A yard extending between the principal structure and the side of lot lines and the front and rear yards.
ZONING ADMINISTRATOR. The person charged with enforcement of this chapter.
ZONING DISTRICT. An area within which the regulations and requirements governing use are uniform.
(Prior Code, § 515.01) (Ord. 02-03, passed 10-16-2002; Ord. 2010-01, passed 2-17-2010; Ord. 2011-04, passed 4-20-2011; Ord. 2013-03, passed 10-16-2013; Ord. 2015-04, passed 8-19-2015; Ord. 20210120, passed 1-20-2021)