For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY APARTMENT. A small apartment that meets the standards of § 1201.03, Subd. 22 of this code, and is located within and is subordinate to an owner-occupied, single-family dwelling. An ACCESSORY APARTMENT shall not be considered to be a dwelling unit, even if it allows fully independent living.
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure, or use, whether attached or detached, that is located upon the same lot on which the principal main building or use is situated and which is reasonably necessary, appropriate, and incidental to the conduct of the primary use of the principal building or main use. Accessory buildings typically include, but are not limited to, garages, sheds, storage or workshop areas, treehouses, docks, gazebos, and the like. Accessory structures typically include, but are not limited to, lights/light poles, fences, mailboxes, and the like.
AGRICULTURAL LAND. Continuous acreage of ten acres or more, primarily used for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture or animal or poultry husbandry.
ANTENNA SUPPORT STRUCTURE. A building, water tower or other structure, except a tower, which can be used for location of telecommunications facilities.
APARTMENT. A room or suite of rooms, located in a building containing three or more similar units, which is designed for, intended for or occupied as a residence by a single family or an individual and is equipped with cooking and sanitation facilities. (See DWELLING - MULTIPLE-FAMILY.)
AQUIFER RECHARGE AREAS. All land surface areas which by nature of their surface and/or subsurface characteristics are determined to contribute to the replenishment of subsurface water supplies.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; painting; vehicle steam cleaning.
AUTOMOBILE REPAIR - MINOR. Minor repairs, upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under AUTOMOBILE REPAIR - MAJOR.
AUTOMOBILE WRECKING or JUNK YARD. Any place where two or more vehicles not in running condition or not licensed, or parts of vehicles, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles or merchandise.
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.
BALCONY. (See DECK)
BASEMENT. A portion of a building located partially underground, but having less than the one-half its floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.
BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights-of-way or unsubdivided acreage.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff):
a. Part or all of the feature is located in a shoreland area;
b. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
c. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
d. The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family thereon, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons.
BOULEVARD. The portion of a street right-of-way not occupied by pavement.
BUILDABLE AREA. The portion of a lot, excluding wetlands, remaining after required yards have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the lowest land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.
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.
BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions.
BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation.
CELLAR. A portion of a building having more than one-half of the floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests.
COMMERCIAL RECREATION. A facility having various activities for amusement, recreation
or entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses.
COMMERCIAL TRAILER. A trailer that transports property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial trailer does not negate its designation as commercial.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.
COMMERCIAL VEHICLE. A self-propelled vehicle that travels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its designation as commercial.
CONDITIONAL USE. A use that, because of special control problems the use presents, requires effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Land Use Plan.
CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually-owned dwelling units and jointly- owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.19, as may be amended.
CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food or drink in or on disposable containers in individual servings for consumption on and off the premises or may include a drive-thru service window.
COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home. DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services.
DECK. A flat-floored roofless platform adjoining a dwelling, used primarily for recreation.
DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.
DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed or maintained in or over a waterbody, whether permanent or temporary, including all "Ls", "Ts" or posts which may be a part thereof.
DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered for sale but not including veterinary clinic.
DRAINING. The removal of surface water or ground water from land.
DREDGING. To enlarge or clean out a water body, watercourse or wetland.
DRIVE-IN FACILITY. A facility that accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.
DWELLING - MULTIPLE-FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. (See APARTMENT)
DWELLING - SINGLE-FAMILY. A dwelling designed exclusively for occupancy by one family.
a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall.
b. DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
a. DOUBLE BUNGALOW. A two-family dwelling with two units side by side.
b. DUPLEX. A two-family dwelling with one unit above the other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles.
EARTH SHELTERED DWELLING UNIT. A structure which complies with applicable building standards and which is constructed so that:
a. Eighty percent (80%) or more of the roof area is covered with a minimum depth of 12 inches of earth; and
b. Fifty percent (50%) or more of the wall area is covered with a minimum depth of 12 inches of earth.
EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.
ELDERLY HOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62 years of age or older, or which qualifies as housing for older persons under the Federal Fair Housing Act.
ENGINEER. A registered professional engineer licensed by the State of Minnesota.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.
FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children, together with not more than one person not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of three or fewer persons living in the housekeeping unit shall be considered a separate family for the purpose of this code.
FARM. (See AGRICULTURAL LAND)
FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.
FENCE - BOUNDARY LINE. All fences located within eight feet of a property line.
FENCE - INTERIOR YARD. All fences located eight feet beyond a property line.
FILLING. The act of artificially depositing any rock, soil, gravel, sand or other material.
FIRE LANE. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or Lake William and as is designated and numbered on the Official Zoning Map.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland waters; or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN. Any land susceptible to being inundated by water from any source. (See definition of FLOOD)
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use as measured from the inside of the building. For non-residential buildings, floor area shall include accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. However, the floor area for non-residential buildings shall not include: basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices.
FLUSH-MOUNTED SOLAR ENERGY SYSTEM. A roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than ten inches above the roof.
GARAGE - PRIVATE. An accessory building or accessory portion of the principal building which is intended primarily for and used to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on.
GARAGE - PUBLIC. Any garage other than a private garage.
GRADING. Changing the natural or existing topography of land.
GREENHOUSE. An enclosed building, constructed at least 75% of glass or similar other transparent or translucent, rigid material, which is used to maintain suitable conditions under which plants may be grown.
GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking.
HOME OCCUPATION. Any business, occupation, or profession engaged in by the residents of the dwelling when conducted within the dwelling, accessory building, or on the parcel of land containing the dwelling unit.
HOTEL. An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast, furnished apartment house, short-term rental unit not in a residential district, or other building, which is kept, used or advertised as, or held out to the public to be, a place where sleeping and/or housekeeping accommodations are supplied for pay to guests for transient occupancy.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot penetrate. The following shall not be considered impervious surfaces:
a. Cantilevers no greater than two feet from the side of the structure and at least four feet above the adjacent grade.
b. Overhangs no greater than two feet from the side of the structure.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
INTERIM CONDITIONAL USE. A temporary use of property until a particular date, until the occurrence of a particular event or until the use is no longer allowed by zoning regulations.
INTERIM CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in § 1201.04 of this code.
INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.
LIGHTING RELATED.
a. BACKLIGHT. Light trespassing behind the fixture from the light source toward the ground.
b. FOOTCANDLE. The international unit of illumination intensity on a surface.
c. FULL CUT-OFF LUMINAIRE. A luminaire with no direct up-light either directly from the light source or any diffusing element or by any indirect reflection or refraction.
d. GLARE. Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.
e. IDEALLY ORIENTED. A luminaire mounted with the backlight portion of the light output oriented perpendicular and toward the property line.
f. NOT IDEALLY ORIENTED. A luminaire mounted in any way other than with the backlight portion of the light output oriented perpendicular and towards the property line.
g. SHIELDED LUMINAIRE. A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the light source or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire is projected away from adjacent properties or public streets.
h. UPLIGHT. A light placed or designed to throw light upward.
LOADING SPACE or BERTH. A space accessible from a street, in a building or on a lot, for the use of vehicles while loading and unloading merchandise, materials or passengers.
LODGING HOUSE. A building other than a hotel or motel, where for compensation for definite periods lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.
LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with the open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this zoning ordinance for a building site in the district in which the lot is situated and having its principal frontage on a street or a proposed street approved by the Council.
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 the date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and the open spaces as required by this chapter and having its principal frontage on a public street or a private street approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT AREA PER UNIT. The lot area required by this chapter to be provided for each family in a dwelling.
LOT, BASE. A lot meeting all the lot specifications in the zoning district in which it is located prior to being subdivided into a two-family or quadraminium subdivision.
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 single street, the interior angle of which is 135 degrees or less.
LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way (or tangentially on a curved street or cul-de-sac) within the lot boundaries.
LOT - DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT - INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or water body the lot line shall be deemed to be the street right-of-way or the ordinary high water mark.
LOT LINE - FRONT. The front of a lot shall be, for purposes of complying with this chapter, that boundary having the least width abutting a public right-of-way or private street.
LOT LINE - REAR. The rear of a lot shall be, for purposes of complying with this chapter, that boundary opposite the front lot line.
LOT - THROUGH. A lot fronting on two parallel streets.
LOT - UNIT. A lot created from the subdivision of a two-family dwelling or quadraminium, having different minimum lot size requirements than the conventional base lots within the zoning district in which it is located.
LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot depth measured at the required minimum building setback line.
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 therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the
Secretary of the U.S. Department of Housing and Urban Development and complies with the standards established under M.S. Chapter 327.
MARINA. An area of concentrated watercraft mooring or docking, where accessory facilities may be provided for some or all of the services as fueling, sewage pumpout, boat launching, boat repair and boat storage; except that marina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.
MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician or barber who confine his or her treatment to the scalp, face and neck; who for compensation practices and provides massage therapy; who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school.
MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging, kneading, rubbing, pressing, stroking, tapping, pounding, vibrating or stimulating the human skin, muscles and tissues for no other purpose than physical fitness, health care referral, healing relaxation and beautification.
MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.
MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.
MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of motor vehicles, are retailed directly to the public on the premises, and including minor accessories and services for motor vehicles, but not including major repairs and rebuilding. Commonly known as GAS STATION.
NATURAL DRAINAGE SYSTEM. All land surface areas which, by nature of their contour configuration, collect, store and channel surface water runoff.
NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the structure were to be erected under the guidance of this chapter. Also any structure located on a nonconforming lot.
NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the use were to be established under the guidance of this chapter.
NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrian.
NURSING CARE. Health evaluation and treatment of patients and residents who are not in need of an acute care facility, but who require nursing supervision on an inpatient basis.
NURSING HOME (REST HOME). A building having accommodations where nursing care is provided for five or more invalids, infirmed, aged, convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums or similar institutions
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting merchandise and for the storing of same prior to sale.
ORDINARY HIGH WATER LEVEL (O.H.W.L.). The boundary of public waters and wetlands which is described as 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. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or above grade.
PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in size to store one automobile, which has adequate access to a public street and permitting satisfactory ingress and egress of an automobile.
PARKING STALL. (See PARKING SPACE)
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (of any) of the districts.
PERSON. An individual, firm, partnership, association, corporation or organization of any kind.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to a building, and leading to an entrance of the building.
PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the requirements of this code, where a property owner proposes to use the subject property in a reasonable manner not permitted by the code in which the plight of the property owner giving rise to the variance request is due to circumstances unique to the property not created by the property owner or a previous property owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the essential character of the locality. PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.
PUBLIC WATER. A body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of this chapter, any body of water which has the potential to support any type of recreational pursuit or water supply purpose. However, no lake, pond or flowage of less than 25 acres in size and no river or stream having a total drainage area less than two square miles need be regulated for the purposes of this chapter except those areas protected by the Shorewood Wetland Ordinance (Chapter 1102 of this City Code), as may be amended. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Minnesota Commissioner of Natural Resources shall be exempt from the shoreland provisions of this chapter.
a. The official determination of the size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, the official determination of size and physical limits shall be made by the Minnesota Commissioner of Natural Resources.
b. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Minnesota Commissioner of Natural Resources.
PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by industrial, commercial or high density residential development as determined
by the Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900).
PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally characterized by low density, single-family residential development as determined by Minn. Rules parts 6120.2500 to 6120.3900.
PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally characterized by medium density residential development with or without limited service-oriented commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900.
QUADRAMINIUM. A single structure which contains four dwelling units, designed for separate ownership, all of which have individual entrances and in which each unit shares common walls with two other units.
RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium or gymnasium is a RECREATION AREA OR BUILDING for the purpose of this chapter.
RECREATIONAL VEHICLE. A self-propelled vehicle or camping or travel trailer which is used primarily for recreational purposes.
RELIGIOUS INSTITUTION. A building that is principally used as a place where people of faith or religion regularly assemble for worship. The definition includes churches, mosques, temples, synagogues, and the like, but does not include seminaries, camps with live-in quarters, coffee houses open to the public, publishing establishments, ritual abattoir, radio/television transmission facilities, or similar uses.
RENEWABLE ENERGY SYSTEM. A solar energy system, wind energy system, or ground source heat pump.
RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day care, food, lodging, training, education, supervision, habitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children.
RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.
RIGHT-OF-WAY - PUBLIC. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether developed or undeveloped, paved or unpaved.
ROOF LINE. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof.
SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure on any property visually inconspicuous.
SELF-STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing an individual storage space within the facility for the purpose of storage only. The facilities are different from public warehouses in that the public has access to their storage space owned for the purpose of storing and removing personal property and the owner does not issue a warehouse receipt, bill of lading or other document of title for the personal property stored in the storage space.
SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service available to the public.
SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water mark. Distances are to be measured from the most outwardly extended portion of the structure at ground level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line 15 feet from the edge of the traveled surface.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Commissioner of Natural Resources.
SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residential planned unit development district.
SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public.
SIGN - ADDRESS. A sign communicating street address only, whether script or in numerical form. In R Districts an address sign may include the name of the resident.
SIGN - ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device which is used to advertise products, goods or services which are not exclusively related to the premises on which the sign is located.
SIGN AREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign.
SIGN - AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing development, an office or business structure containing two or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. The sign is limited only to the identification of an area or complex and does not contain the name of individual owners or tenants nor does it contain advertising.
SIGN - BENCH. A sign which is affixed to a bench such as at a bus stop.
SIGN - BUSINESS. 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.
SIGN - CANOPY. Any message or identification which is affixed to a projection or extension of a building or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.
SIGN - COMMERCIAL SPEECH. A sign advertising a business, profession, commodity, service, or entertainment.
SIGN - CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.
SIGN - DIRECTIONAL. A sign erected on public or private property which bears the address or name or both of a business, institution, religious institution or other use or activity plus directional arrows or information on location.
SIGN - DIRECTORY. An exterior informational wall sign which identifies the names of businesses served by a common public entrance in a shopping center.
SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.
SIGN - FREESTANDING. Any stationary or portable, self-supported sign not affixed to any other structure.
SIGN - HOLIDAY. Decorations or messages which recognize an official national, state or local holiday.
SIGN - ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source.
SIGN - INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification.
SIGN - INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located.
SIGN - INTEGRAL. 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.
SIGN - MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign.
SIGN - MENU BOARD. Any sign that has a message related to the site's food service and the copy is manually or electronically changed and the lettering of which is two inches or less in height so as to not be readable from the adjoining street right-of-way or adjoining property.
SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign.
SIGN - MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure.
SIGN - NONCONFORMING.
a. LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments thereto, but which does not conform with the regulations of this chapter.
b. ILLEGAL. A sign which was constructed after the passage of this chapter or amendments thereto and does not conform with the regulations of this chapter.
SIGN - NONCOMMERCIAL SPEECH. A sign that includes message that does not promote commercial products or services.
SIGN - PORTABLE. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground or structure.
SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.
SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including, but not limited to street signs, traffic-control signs and parking-control signs.
SIGN - REAL ESTATE. A business sign placed upon a property advertising that particular property for sale, for rent or for lease.
SIGN - ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building.
SIGN - ROTATING. A sign which revolves or rotates on its axis.
SIGN - STRUCTURE. The supports, uprights, bracing and framework for a sign, including the sign area.
SIGN - TEMPORARY. Any sign which is erected or displayed for a specific period of time.
SIGN - WALL. 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.
SIGN - WALL GRAPHIC. A sign which is painted directly on an exterior wall surface.
SIGN - WINDOW. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display.
SLIP. A water dockage area accommodating one boat.
SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or ratio.
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.
STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding environment; examples of stealth facilities include architecturally screened roof- mounted antennas, antennas integrated into architectural elements and telecommunications towers designed to appear other than as a tower such as light poles, power poles and trees.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused underfloor space shall be considered as a story.
STORY - HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at least two opposite exterior walls, are not more than two feet above the floor of the story, and basements where less than one-half of the floor to ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building.
STREET. A public right-of-way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used or can be used for travel.
STREET FRONTAGE. A lot line abutting a street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.
SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL DEVELOPMENT)
SURFACE WATERS - NATURAL ENVIRONMENT (NE). (See PUBLIC WATERS - NATURAL ENVIRONMENT)
SURFACE WATERS - RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS - RECREATIONAL DEVELOPMENT)
TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include:
a. A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning district;
b. A satellite earth station antenna one meter in diameter or less, wherever located.
TELECOMMUNICATIONS TOWER (or TOWER). A self-supporting lattice, guyed or monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission.
TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities.
TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling apartment structures.
TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than 30 consecutive calendar days.
UPLAND. All lands at an elevation above the normal high water mark.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space.
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, and shall include the performance of the activity as defined by the performance standards of this chapter.
VARIANCE. A relaxation of the requirements of this code where a property owner proposes to use the subject property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general purposes and intent of the code, consistent with the Comprehensive Plan, and will not alter the essential character of the locality and where, owing to physical conditions unique to the individual property under consideration and not the result of the actions of the property owner or previous property owner, compliance with the code would result in practical difficulties as defined herein.
VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics.
VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable.
WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land.
WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-round or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 Edition) or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this code).
YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.
YARD DEPTH - REAR. The mean horizontal distance between the rear line of the building and the rear lot line.
YARD - FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building. (See LOT LINE - FRONT)
YARD - REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (See LOT LINE - REAR)
YARD - SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the required front yard to the required rear yard.
ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are eliminated so that buildings are allowed to abut property lines.
(1987 Code, § 1201.02) (Ord. 180, passed 5-19-1986; Am. Ord. 242, passed 8-26-1991; Am. Ord. 243, passed 9-9-1991; Am. Ord. 261, passed 11-30-1992; Am. Ord. 321, passed 5-12-1997; Am. Ord. 345, passed 10-26-1998; Am. Ord. 373-a, passed 7-23-2001; Am. Ord. 389, passed 8-12-2002; Am. Ord. 419, passed 1-23-2006; Am. Ord. 431, passed 11-27-2006; Am. Ord. 459, passed 6-22-2009; Am. Ord. 485, passed 11-14-2011; Am. Ord. 487, passed 11-28-2011; Am. Ord. 492, passed 3-12-2012; Am. Ord. 499, passed 9-10-2012; Am. Ord. 531, passed 7-11-2016; Am. Ord. 535, passed 11-28-2016; Am. Ord. 542, passed 7-24-2017; Am. Ord. 544, passed - -2017; Am. Ord. 575, passed 12-14-2020; Am. Ord. 588, passed 5-9-2022)