For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number shall include the plural, and words in the plural shall include the singular.
ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated and is reasonably necessary and incidental to the conduct of the primary or principle use of such building or main use.
AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for sale in season; and livestock raising and feeding, but not including fur farms, commercial animal feed lots and kennels.
ALLEY. A public right-of-way which affords secondary access to abutting property.
APARTMENT. A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family. Includes buildings with 2 or more dwelling units and efficiency units.
AUTOMOBILE CAMP. Land or premises used or intended for occupancy by campers traveling by automobile or otherwise or for occupancy by trailers or movable buildings, tents, rooms or sleeping quarters of any kind.
AUTO OR MOTOR VEHICLE REDUCTION YARD. A lot or yard where 1 or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. (See also JUNK YARD.)
BANNERS AND PENNANTS. Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency.
BASEMENT. A portion of a building located partly underground and having ½ or less of its floor to ceiling height below the average grade of the adjoining ground.
BOARDINGHOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for 3 or more unrelated persons, but not to exceed 10 persons.
BOATHOUSE. A structure used solely for the storage of boats or boating equipment.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
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 multi-family 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.
CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
COOPERATIVE (HOUSING). A multi-family dwelling owned and maintained by the residents. 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 - HOME. A family dwelling in which foster care, supervision and training for children of school or preschool age out of their own home is provided.
DAY CARE - GROUP NURSERY. A service provided to the public, in which children of school or preschool age are cared for during established business hours.
DEPARTMENT STORE. A business which is conducted under a single owner's name 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.
DOG KENNEL. Any place where 3 dogs or more over 6 months of age are boarded, bred and/or offered for sale, except a veterinary clinic.
DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is the principal service offered.
DWELLING UNIT. A building or 1 or more portions thereof occupied or intended to be occupied exclusively for human habitation, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, or trailer coaches. A dwelling shall not be interpreted to include lodging rooms.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling at 1 or more sides by a party wall or walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MOBILE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer is not to be considered as a mobile home.
DWELLING, MULTI-FAMILY. A shared structure having more than 2 dwelling units contiguous to each other only by the sharing of one or more common walls or ceiling/floor (without an interior connection) with each unit having a separate entrance/exit designed exclusively for occupancy by more than 2 families living independently of each other.
DWELLING, SINGLE-FAMILY. A structure having 1 dwelling unit designed exclusively for occupancy by 1 family.
DWELLING, TWO-FAMILY. A shared structure having 2 dwelling units contiguous to each other only by the sharing of 1 or more common walls or ceiling/floor (without an interior connection) with each unit having a separate entrance/exit designed exclusively for occupancy by 2 families living independently of each other.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution systems; 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 and accessories in conjunction therewith; but not including buildings.
FAMILY. An individual, or 2 or more persons each related by blood, marriage, or adoption living together as a single housekeeping unit, or a group of not more than 4 persons not so related, maintaining a common household.
FARM. A tract of land which is principally used for commercial agriculture, all of which is owned and operated by a single family, farm corporation, individual or corporation.
FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
FLOOD PLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOOR AREA. The net usable floor area of the various floors.
GARAGE, PRIVATE. An accessory building or accessory portion of the principle building which is intended 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; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises.
GARAGE, PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for renumeration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.
GARAGE, REPAIR. A building or space for the repair or maintenance of motor vehicles but not including factory assembly of such vehicles, auto wrecking establishments or junk yards.
HOME OCCUPATION. A gainful occupation carried on in the home when engaged in by the person or persons residing in the dwelling.
HOTEL. A building having provision for 6 or more guests in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
INDUSTRIAL USE. A permitted, accessory or conditional use allowed in the “I” District.
JUNK YARD. An area where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, dissembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Such use shall not include organic waste or material.
LOT. A parcel, piece, or portion of land designated by metes and bounds, registered land survey, plat, or other means and separated from other parcels or portions by said description which is recorded or to be recorded in the office of the County Register of Deeds.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.
LOT, INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.
LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street except that a corner lot in a non-residential area shall be deemed to have frontage on both streets.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, THROUGH. Any lot other than a corner lot which abuts more than one street.
LOT OF RECORD. A platted lot or metes and bounds parcel which has been recorded in the Office of the Register of Deeds prior to the adoption of this chapter.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured parallel to the front lines of the lot at the setback line.
MANUFACTURED HOME. A manufactured, transportable, single-family dwelling subject to tax or registration and suitable for year-round occupancy and containing water supply, waste disposal, and electric conveniences designed for attachments to outside systems. Its design allows manufactured homes to be mounted on wheels and used as a conveyance on highways and streets.
MANUFACTURED HOME PARK. An approved manufactured home park which has underground utility service to each site and also rest room and washing facilities as specified by the state.
MANUFACTURING, HEAVY. All manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.
MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided such use will not generate offensive odors,
glare, smoke, dust, noise, vibrations, or other objectionable influences that extend beyond the lot on which the use is located.
MASSAGE THERAPY. The scientific manipulation of the soft tissues of the body for the purpose of normalizing those tissues and consists of manual techniques that include applying fixed or movable pressure, holding, and/or causing movement of or to the body to enhance health and well-being.
MAY. Permissive.
MOBILE HOME. See MANUFACTURED HOME.
MODULAR HOME. A manufactured, single-family dwelling, suitable for year-round occupancy and containing water supply, water disposal and electrical conveniences designed for attachment to outside systems, all constructed in conformance with building, fire and plumbing codes.
MOTOR COURTS, MOTOR HOTEL or MOTEL. A building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.
MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repair.
MUNICIPAL BUILDING. A building or structure owned by the city.
NONCONFORMING STRUCTURE OR USE. Any structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
NURSING HOME. A private home for the care of children or the aged or infirmed or place of rent for those suffering bodily disorder. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care for care for mental illnesses or infirmities.
OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate 1 truck of the type typically used in the particular business.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, or trade where such goods are not enclosed within a building.
OPEN SPACE RECREATIONAL USE. Recreational use particularly oriented to and utilizing the character of an area; including biking and riding trails, primitive campsites, campgrounds, waysides, parks and recreational areas.
OPEN STORAGE. Storage of any material outside of a building.
PARKING SPACE. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store 1 automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.
PARTY WALL. A common wall which divides 2 independent structures.
PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERSON. An individual, to include both male and female, and shall also extend and be applied to bodies political and corporate and to partnership and other unincorporated associations.
PET GROOMING. The grooming of domestic animals, as defined in § 92.01 of this code. The keeping of animals at a pet groomer shall be short-term, shall be incidental to the grooming, and shall not include overnight boarding
PLANNED UNIT DEVELOPMENT. A zoning designation regulated under § 153.055 allowing a tract of land to be planned and developed as a unit rather than an aggregate of houses or other structures on individual lots.
PLANNING COMMISSION. The Planning Commission of Stacy.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state, or other governmental units.
PUBLIC WATER. Any waters of the state which serve a beneficial public purpose, as defined by Minnesota Statutes. However, no lake, pond or floodage of less than 10 acres in size and no river or stream having a total drainage area less than 2 square miles. Such public water shall be determined by the Minnesota Department of Natural Resources. Any body of water created by a private user where there was no previous shoreland for a designated private use as approved by the Commission of the Minnesota Department of Natural Resources is not included as a public water.
RECREATIONAL FIELD 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 theatre, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this chapter.
RECREATIONAL VEHICLE. Any self-propelled motor vehicle licensed for on-street use, non-motorized vehicle, or those vehicles towed by a motor vehicle, and shall include but not be limited to: travel trailers, including those with telescope or fold down; chassis-mounted campers; motor homes; tent trailers; sleeping campers; converted buses that provide temporary human living quarters; jet skis; waverunners; snow mobiles; boats; ATVs; motocross bikes; and the like. Any recreational vehicle stored and/or parked on a trailer is considered 1 recreational vehicle. A CLASS I RECREATIONAL VEHICLE measures less than 8 feet in height overall and 22 feet in length overall. A CLASS II RECREATIONAL VEHICLE measures 8 feet or greater in height overall and/or 22 feet or greater in length overall, but shall not be any longer than 40 feet overall.
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.
RESTAURANT. An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.
SETBACK. The minimum horizontal distance between a building and street right-of-way or property line. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground level.
SEWAGE DISPOSAL SYSTEM. Any system for the collection, treatment, and dispersion of sewage, including but not limited to septic tanks, soil absorption systems, and drain fields.
SHALL. Mandatory.
SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
SPECIAL USE PERMIT. A permit specially and individually granted by the Board, after a public hearing thereon by the Planning Commission, for any use listed as a special use in any district.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a STORY.
STREET. A public right-of-way which affords a primary means of access to abutting property and shall also include avenue, highway or road.
STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground; or attached to something having a location on the ground. This shall include signs.
STRUCTURE, NONCONFORMING. Any structure which is legally existing upon the effective date of this chapter, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
SUBDIVISION. The division of any parcel of land into 2 or more lots, blocks, and/or sites, with or without streets or highways and includes resubdivision.
TATTOO SHOP. A place of business where tattoos are applied, a tattoo is a form of body modification where a design is made by inserting ink, dyes and pigments, either indelible or temporary, into the dermis layer of the skin to change the pigment.
TOWNHOUSE. At least 2 1- or 2-story single-family dwellings having 1 or more walls in common, oriented and designed so each dwelling has separate, individual front and rear entrances from the outside.
TRAILER. Any vehicle or device licensed for on-street use, designed for carrying property on its own structure and for being drawn by a motor vehicle. A CLASS I TRAILER measures less than 8 feet in overall height and less than 22 feet in overall length, measured from the hitch to the rear tail lights. A CLASS II TRAILER measures 8 feet or greater in height overall and/or 22 feet or greater in length overall, but shall not be any longer than 40 feet overall. Any recreational vehicle stored and/or parked on a trailer is considered 1 recreational vehicle.
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 such activity as defined by the performance standards of this chapter.
USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, NONCONFORMING. Use of land, buildings or structures legally existing at the time of the 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 such use is located.
USE, OPEN. The use of a lot without a building or including a building incidental to the open use.
USE, PERMITTED. A public or private use which of itself conforms with the purposes and objectives of a particular district which conforms with all requirements, regulations and performance standards of such a district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
USE, SPECIAL. The occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares condition, modification or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the village and therefore may be permitted in such use district only by a special use permit.
USEABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both; available and accessible to and useable by all persons occupying a dwelling unit or rooming unit on the lot and their guest. Such areas shall be grassed and landscaped or covered only for a recreation purpose. Roofs, driveways and parking areas shall not constitute useable open space.
VARIANCE. The waiving action of the literal provisions of the zoning ordinance to instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
WAREHOUSING. The storage materials or equipment within an enclosed building as a principal use.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WATERSHED MANAGEMENT OR FLOOD CONTROL STRUCTURE. A dam, floodwall, wing-dam, dike, diversion channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term watershed management or flood control structure does not include pilings, retaining walls, gablon baskets, rock riprap, or other facilities intended primarily to prevent erosion and which must be authorized by period from the Commissioner of the Minnesota Department of Natural Resources.
WHOLESALING. The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
YARD. An open space on a lot, which is occupied, and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building.
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.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
ZONING DISTRICT. An area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing use are uniform.
(Prior Code, § 901.04) (Am. Ord. 2001-8-1, passed - -2001; Am. Ord. 2013-5-1, passed 6-11-2013; Am. Ord. 2015-3-2, passed 3-16-2015; Am. Ord. 2018-9-4, passed 9-11-2018; Am. Ord. 2019-8-3, passed 8-13-2019; Am. Ord. 2020-11-3, passed 11-10-2020)