(A) Rules of interpretation. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; the word "lot" shall include the word "plat"; and the word "shall" is mandatory and not discretionary.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except for those words and phrases defined below, the words and phrases used in this chapter shall be interpreted to be given the meaning in common usage, so as to give this chapter its most reasonable application.
(1) General definitions.
ALLEY. A public right-of-way which affords secondary access to abutting property.
APPLICANT. The owner, the owner's agent, or any other person having legal control, ownership, and/or interest in the land proposed to be subdivided.
BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad right-of-way or unsubdivided acreage.
BOULEVARD. The portion of a street right-of-way not occupied by pavement.
BOXES. All mailboxes, newspaper boxes, and advertising boxes wherein either mail is distributed, newspapers and magazines are distributed, or advertising is placed for the use of residents of the city.
BUILDING. A structure having a roof supported by columns or walls. When separated by division walls without openings, each portion of the building shall be deemed a separate building.
CERTIFICATE OF SURVEY. A document prepared by a registered engineer or registered land surveyor which precisely describes the area, dimensions, and location of a parcel or parcels of land.
CITY. The City of St. Michael.
CITY ATTORNEY. The attorney employed or retained by the city, unless otherwise stated.
CITY COUNCIL. The governing body of the City of St. Michael.
CITY ENGINEER. The engineer employed or retained by the city, unless otherwise stated.
CITY PLANNER. The planner employed or retained by the city, unless otherwise stated.
COMPREHENSIVE PLAN. A Comprehensive Plan prepared and approved by the city including a compilation of policy statements, goals, standards, fiscal guidelines, and maps indicating various functional classes of land use, places, and structures, and for the general development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
COUNTY. Wright County, Minnesota.
CROSSWALK. A right-of-way owned by the city or another governmental entity which furnishes access for pedestrians across a street to adjacent streets or properties.
DESIGN STANDARDS. The specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things the optimum, minimum, or maximum dimensions of such items as rights-of-way, blocks, easements, and lots.
DEVELOPMENT AGREEMENT. A written contract between city and applicant, drafted by the City Attorney in conjunction with the approval by city of a subdivision.
DEVELOPMENT RIGHTS. The number of individual dwelling units that can be located on a parcel of land as established through the City Zoning Ordinance and Comprehensive Plan.
EASEMENT. A grant by a property owner for the use of a strip of land and for the purpose of constructing and maintaining drives, utilities, and the like, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewers or storm drainageways, gas lines, sidewalks and trails.
FINAL PLAT. A drawing or map of a subdivision meeting all of the requirements of the city and in such form as required by Wright County for the purpose of recording.
FRONTAGE ROAD. (See Street; Marginal Access Street)
IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, trail, pedestrian way, landscaping, lighting, off-street parking area, grading, utility, lot improvement, or other similar facility.
PRIVATE IMPROVEMENT. Any improvement for which the city does not assume ownership or the responsibility for maintenance and operation, but which instead is owned, maintained and operated by a private property owner or group of private property owners.
PUBLIC IMPROVEMENT. Any improvement for which the city may ultimately assume the ownership and responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other sewage treatment device.
INSPECTOR. An authorized representative of the City Council assigned to make any or all necessary inspections of the work performed and materials furnished by a developer.
JOINT POWERS WATER BOARD. The governing water utility of the City of St. Michael.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
BASE LOT. A lot meeting all the specifications within its zoning district prior to being divided into a two-family or quadraminium subdivision.
CORNER LOT. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135°.
DOUBLE FRONTAGE LOT. An interior lot having frontage on two streets.
LOT DEPTH. The shortest horizontal distance between the front and rear lines measured from a 90° angle from the street right-of-way within the lot boundaries.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated, constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
LOT OF RECORD. Any lot which is part of a subdivision the plat of which has been recorded in the County Recorder's office, or a lot described by metes and bounds the deed to which has been recorded in the County Recorder's office, at the time this chapter becomes effective.
LOT WIDTH. The shortest horizontal distance between the side property lines measured at right angles to the lot depth measured at the required minimum building setback line.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of the section, lot, or area by described lines or portions thereof.
NATURAL WATERWAY. A natural passageway on the surface of the earth so situated and having such a topographical natural nature that surface water flows through.
OUTLOT. A lot remnant or parcel of land left over after platting which is intended as open space or other use and for which no building permit shall be issued.
OWNER. An individual, association, syndicate, partnership, corporation, trust, or any other legal entity holding an equitable or legal ownership interest in the land sought to be subdivided.
PARCEL. An individual lot or tract of land.
PARKS. Public land and open spaces in the city dedicated or reserved for recreation purposes. (See also Playgrounds)
PEDESTRIAN WAY. A public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.
PERSON. Any individual or legal entity.
PLANNING COMMISSION. The St. Michael Planning Commission.
PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes. (See also Parks)
PRELIMINARY PLAT. A detailed drawing or map of a proposed subdivision meeting the requirements herein enumerated, and submitted to the Planning Commission and governing body for their consideration in compliance with the Comprehensive Plan, along with the required supporting data.
PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
QUADRAMINIUM. A single structure which contains four subdivided dwelling units all of which have individually separate entrances from the exterior of the structure.
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, a trail, a railroad, utility lines, an oil or gas pipeline, a water line, a sanitary sewer, a storm sewer, or other similar uses.
ROADWAY. The portion of a street right-of-way improved for vehicular travel.
SETBACK. The minimum horizontal distance between a building and a street, lot line, ordinary high water mark, or bluff line. Distances are to be measured from the most outwardly extended portion of the structure at ground level.
SKETCH PLAN. A drawing showing the proposed subdivision of property. This plan shall be drawn to scale and dimensioned, however, exact accuracy is not a requirement.
STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.
ARTERIAL STREET or THOROUGHFARE. A street carrying larger volumes of traffic and serving as a link between various sub-areas of the community. THOROUGHFARES or ARTERIAL STREETS are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical.
COLLECTOR STREET. A street which carries traffic from local streets to the major system of arterial streets and highways. COLLECTOR STREETS primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access.
CUL-DE-SAC STREET. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
LOCAL STREET. A street which is used primarily for access to abutting properties and for local traffic movement.
MARGINAL ACCESS STREET (FRONTAGE ROAD). A local street which is parallel and adjacent to thoroughfares and highways and which provides access to abutting properties and protection from through traffic.
SUBDIVIDER. Any individual, firm, association, syndicate, copartnership, corporation, trust, or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
SUBDIVISION. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leaseholds. SUBDIVISION shall apply as outlined herein except for these separations:
(1) Where the resulting parcels, tracts, lots, or interests will be 40 acres or larger in size and consistent with quarter-quarter section boundaries;
(2) Creating cemetery lots as part of an approved cemetery;
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of city utilities or the creation of any public improvements.
MINOR SUBDIVISION. Any subdivision containing no more than three lots fronting on an existing street which does not require any new street, the extension of city utilities, or the creation of any public improvements, and does not adversely affect the remainder of the parcel or adjoining property, and is not in conflict with any provisions of the Comprehensive Plan, Official Map, Zoning Ordinance, or this chapter. This includes lot line adjustments by the relocation of a common boundary, the combination of recorded lots, and one-in-forty lot splits.
SURVEYOR. A land surveyor registered under state law.
THOROUGHFARE. (See Street; Arterial Street or Thoroughfare)
TWO-FAMILY DWELLING. A dwelling designed exclusively for occupancy by two families living independently of each other.
UNIT LOT. A lot created from the subdivision of a two-family dwelling or a quadraminium having different minimum lot size requirements than the conventional base lot within the zoning district.
VARIANCE. A modification or variation of the provisions of this chapter as applicable to a specific piece of property. Modification of the allowable use within a district shall not be considered a variance.
ZONING ADMINISTRATOR. The person duly appointed by the City Council as the individual charged with the responsibility of administering and enforcing this chapter.
ZONING ORDINANCE. The Zoning Ordinance or resolution controlling the use of land as adopted by the city.
(2) Flood-related definitions.
ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure in the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that the hydraulic capacity of flood plain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to flood plain encroachments.
FEMA. Federal Emergency Management Agency.
FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the city.
FLOOD HAZARD AREAS. The areas included in the Floodway and Flood Fringe as indicated on the official zoning map and the Flood Insurance Study and Flood Insurance Rate Map which have been officially adopted by the city.
FLOOD INSURANCE RATE MAP. The most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the city, and as applicable and allowed by law, the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for all areas within the City of St. Michael.
FLOOD INSURANCE STUDY. The most recent Flood Insurance Study prepared for the city by the Federal Emergency Management Agency and, as applicable and allowed by law, the Flood Insurance Study prepared by the Federal Emergency Management Agency for all areas within the City of St. Michael.
FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area in accordance with the Minnesota State Building Code.
FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood determined by the use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study, or in any other officially adopted city flood study.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
100-YEAR FLOOD. A flood which is representative of large regional 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 as determined by the use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study, or in any other officially adopted city flood study.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by the natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would be typical of a REACH.
REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the water surface profile associated with the 100-year flood as determined by the use of the 100-year flood profile and supporting technical data in the Flood Insurance Study plus any increase in flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.
(Ord. 111, passed 12-23-97; Am. Ord. 115, passed 3-24-98; Am. Ord. 0903, passed 10-27-09; Am. Ord. 1603, passed 3-8-16)