(A) For purposes of this chapter, words used in the singular number includes the plural, and the plural the singular; the present tense includes the past and future tenses and the future the present; the word “shall” is mandatory, the word “may” is permissive; all measured distances shall be to the nearest integral foot; whenever a word or term defined hereinafter appears in the text of this chapter its meaning shall be construed as set forth in the definition thereof.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS DRIVE or DRIVEWAY. Ingress/egress for the purpose of access from a public street or county road to private property.
ACCESSORY BUILDING. A subordinate building or structure on the same lot or part of the main building, occupies by or devoted exclusively to an accessory use.
ACCESSORY USE. A use naturally and normally incidental to, subordinate to and auxiliary to the principal permitted use of the premises.
ALLEY. A public right-of-way usually 20 feet or less in width which normally affords a secondary means of vehicular access to abutting property.
ANTENNA. A device used to transmit or receive electronic signals through the air to or from other land based or space based devices directly or indirectly related to wireless communications, cellular communications, internet communications, radio communications, voice communications, video communications, data communications, and other similar signals.
ANTENNA TOWER AND ACCESSORY STRUCTURES. Accessory structures used to enclose transmission, power, or other equipment which are used in connection with antennas and towers, which are located on the ground near the antennas or towers, and which comply with all standards applicable to antennas and towers.
AUTOMOBILE WRECKING or JUNKYARD.
(a) A place maintained for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually; buying or selling at retail or wholesale any old, used or second- hand material of any kind, including used motor vehicles, machinery and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk.
(b) This shall include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in residential districts or two unlicensed motor vehicles not including farm implements within a farm in the agricultural district.
BASEMENT. The portion of a floor of a building which is wholly or partially, up to 50%, underground or below grade.
BOARDING OR ROOMING HOUSE. Any dwelling occupied in any manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit are leased or rented to persons outside of the family, without any attempt to provide therein cooking or kitchen accommodations, providing that accommodations are not provided for more than ten persons.
BUILDABLE AREA. The part of the lot remaining after required yards have been provided.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the sheltered or enclosure of any person, animal or chattel or property of any kind, when any portion thereof is completely separated from every other part thereof by division walls from the ground up and without openings, each portion of the BUILDING shall be deemed as a separate BUILDING.
BUILDING HEIGHT. The vertical distance measured from the average ground level adjoining the building to the highest point of the roof surface if a flat roof, to the deck line of mansard roofs and to the main height level between eaves and ridge of gable, hip and gambrel roofs.
BUILDING, PRINCIPAL. A building or structure in which is conducted the main or principal use of the lot on which the building or structure is situated.
BUILDING SETBACK LINE. The front line of the building or the legally established line which determines the location of the building with respect to the right-of-way line.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
CARPORT. A structure permanently attached to a dwelling having one or more sides open.
CLEAR CUTTING. The removal of an entire stand of trees.
CLINIC. A public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a group of doctors acting in concert and in the same building for the purposes aforesaid.
COMMUNITY WATER AND SEWER SYSTEMS. Utilities systems serving a group of buildings, lots or any area of the community, with the design and construction of the utility systems as approved by the community and the state.
COMPREHENSIVE PLAN or POLICIES PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the city and its environs, as defined in the planning and zoning book, and includes any unit or part of the plan separately adopted and any amendment to the plan or parts thereof.
CONDITIONAL USE. A use which, because of unique characteristics, cannot be classified as a permitted use in any particular district.
DISTRICT ZONING. Any section of the unincorporated area of the city within certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DOG KENNEL. Any premise where more than two dogs over six month of age are kept.
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 a service offered regardless of whether service is also provided within a building.
DUPLEX. A detached residential building containing two dwelling units.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a single family, but not including hotels, motels, boarding or rooming houses or tourist homes.
(a) ATTACHED DWELLING. A dwelling which is joined to another dwelling at one or more sides by a party wall or wails.
(b) MULTIPLE DWELLING. A building used or intended to be used as a dwelling by three or more families, where each dwelling unit is divided by a parts wall extending the full height of the ceiling. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties and utilities and service facilities are independently serviceable.
(c) SINGLE-FAMILY DWELLING. A dwelling occupied by only one family, and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only.
(d) TWO-FAMILY DWELLING. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families.
EASEMENT. A grant by the owner of land to a person or persons or to the general public for a specific use of the land.
ESSENTIAL SERVICES. Those overhead or underground electric, gas, communication, hydrocarbon, steam, water or waste water transmission or distribution systems and structures necessary to service those systems; roads as defined elsewhere in this section; other utilities necessary to maintain the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith, but not including public buildings.
EXTERIOR STORAGE or OPEN STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
FAMILY. Any number of persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage, adoption or any unrelated person who resides therein as though a member of the family including the domestic employees thereof. Any group of persons not so related by inhabiting a single house shall, for the purpose of this chapter, be considered to constitute one FAMILY for each five persons, exclusive or domestic employees, contained in each group.
FARM, GENERAL.
(a) A farm on which crops and/or livestock are grown or fed for the purpose of preparing livestock or products thereof, for sale, crops are sold or fed to livestock.
(b) A
GENERAL FARM shall be engaged in two or more aspects of the growing and/or raising of crops and/or livestock and shall not be considered to be an intensive livestock farm, and shall be ten acres in size.
FARM, INTENSIVE.
(a) A farm on which the major source of revenue of the farm comes from the raising and selling of livestock or livestock products subject to the conditions stated herein. Any of the following items may be considered as sufficient reason for classification as an intensive livestock farm by the City Council:
1. Near complete concentration in one aspect of livestock raising, with any other use accessory to the principal use;
2. The use of force feeding or confinement raising of livestock; and
3. Feed to operation.
(b) For the purpose of this chapter, intensive livestock farming operations of the industrial type mentioned above, shall include the raising of the following types of livestock subject to the conditions stated above, cattle, swine, poultry or any other type of livestock.
FARMSTEAD. Property on which structures and a farm dwelling are located for management, storage and general farm operation.
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or along the required yard.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonable required to carry or store the regional flood discharge.
FLOOR AREA, GROUND. The area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including garages or accessory rooms having three or more exterior sides.
FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which the building or buildings are located.
FLOOR PLAN. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.
FRONTAGE. The boundary of a lot which abuts an existing or dedicated public street.
GARAGE.
(a) PRIVATE GARAGE. A garage with a capacity of not more than four power-driven vehicles for storage only, and which is erected as an accessory to a dwelling. Space to store up to two passenger vehicles may be rented to nonresidents.
(b) PUBLIC GARAGE. Any premises, except those described as a private garage, used for the storage or care of power driven vehicles or where any vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GASOLINE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of the commodities on or in the vehicles, but not including special facilities for the painting, major repair or similar servicing thereof.
HOME OCCUPATION. Any occupation of a service character not involving over the counter sales which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of the secondary use, other than permitted signs. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale upon the premises. HOME OCCUPATION shall not involve the need for more than three parking spaces for the occupant and visitors.
LANDSCAPING. Plantings including trees, shrubs and grass.
LICENSED ENGINEER. An engineer who is licensed by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design.
LOT. A parcel or plot of land intended for building development or as a unit for transfer of ownership or reserved area as an outlot.
(a) CORNER LOT. A lot situated at the intersection of two streets, the interior angle of the intersection not exceeding 135°.
(b) THROUGH LOT. A lot which has a pair of opposite lot lines abutting two substantially paralleled streets, and which is not a corner lot. On a THROUGH LOT, both street lines shall be front lot lines for applying this chapter.
LOT AREA. The area of a horizontal plane bounded by the lot lines.
LOT COVERAGE. The part of percentage of the lot occupied by buildings or structures, including accessory building structures.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.
LOT LINE. The property line bounding a lot except that where any portion of a lot extends into the public right-of-way shall be the lot line for applying this chapter.
(a) FRONT LOT LINE. The 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. If the dimensions of a corner lot are equal, the FRONT LOT LINE shall be designated by the owner and filed with the County Recorder.
(b) REAR LOT LINE. The boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(c) SIDE LOT LINE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor’s subdivision or a registered land survey that has been recorded in the Office of
the County Recorder prior to the effective date of this chapter.
LOT OF RECORD shall also include parcels of land for which a deed or contract for deed has been recorded in the office of the County Recorder prior to August 2, 1978, provided that the parcel or parcels were legally created in accord with ordinances in effect at the time the deed or contract was recorded.
LOT SUBSTANDARD. A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth. The LOT WIDTH shall determine the required road frontage and shoreline frontage for lots.
MANUFACTURED HOME. A structure manufactured in accord with the Manufactured Home Building Code, as defined in M.S. § 327.31(6), as it may be amended from time to time. For the purpose of this chapter, MANUFACTURED HOMES which comply with the standards listed in § 153.042 shall be considered to be single-family dwellings.
MOBILE HOME. Any manufactured home, as defined above, which does not meet the standards in § 153.042. MOBILE HOMES to be used for residential purposes must have a minimum floor area of 800 square feet on the main floor. Structures which do not meet these minimum standards shall not be permitted for residential purposes, except when located within legally established mobile home parks.
MOBILE HOME PARK. Any site, lot, field or tract of land upon which any occupied mobile home is harbored, either free of charge or revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the MOBILE HOME PARK. However, this shall not preclude the placement of mobile homes outside an authorized MOBILE HOME PARK if specifically allowed in this chapter.
MOTEL or TOURIST COURT. A building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located, and which is designed, used or intended to be used primarily for accommodation of automobile transients.
MULTIPLE RESIDENCE or APARTMENT BUILDING. Three or more dwelling units in one structure.
NONCONFORMING BUILDING, STRUCTURE OR USE. A building, structure or use which does not conform with the district regulation in which it is situated.
NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants, and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
NURSING HOME. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder. The NURSING HOME shall be licensed by the State Board of Health, as provided for in M.S. § 144.50 as it may be amended from time to time.
OFFICIAL MAP. The map established by the City Council, in accordance with state statutes, showing streets, highways, parks and drainage, both existing and proposed.
OFF-STREET LOADING SPACE. A space accessible from a street, alley or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. The space shall be of size as to accommodate one vehicle of the type used in the particular business.
OPEN SALES LOT or EXTERIOR STORAGE. Any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
OPEN SPACE USE. A use oriented to and utilizing the outdoor, unimproved, natural character of an area, including trails, primitive campsites, waysides, parks and general recreation uses.
ORDINARY 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 ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominately aquatic to predominantly terrestrial. In areas where the ORDINARY HIGH WATER MARK is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs.
PARKING SPACE.
(a) PRIVATE PARKING SPACE. A suitably surfaced and permanently maintained area on privately-owned property either within or outside of a building of sufficient size to store one standard automobile.
(b) PUBLIC PARKING SPACE. An area sufficient in size to store one standard automobile, which has adequate access to a public street or alley.
PEDESTRIAN WAY. A public or private right-of-way across or within a block, to be used by pedestrians.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and performance standards (if any) of the district.
PERSON. Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other
representative appointed by law. Whenever the word
PERSON is used in any section prescribing a penalty or fine, it shall include the partners or members of any corporation, who are responsible for the violation.
PLANNED UNIT DEVELOPMENT. An urban development having two or more principal uses or structures on a single lot and developed according to an approved plan. Where appropriate, this development control advocates:
(a) A mixture of land uses, one or more of the nonresidential land uses being regional in nature;
(b) The clustering of residential land uses providing common and public open space, the former to be maintained either by the residents of the development or the local community; and
(c) Increased administrative discretion to a local professional planning staff and the setting aside of present land use regulations and rigid plat approval processes.
PLANNING COMMISSION. The Planning Commission of the city.
PRINCIPAL STRUCTURE OR USE. One which determines the predominant use as contrasted to accessory use or structure. Only one principal structure or use shall be permitted per lot, except as expressly permitted elsewhere in this chapter.
PROPER LINE. The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway and the like.
PROTECTIVE COVENANT. A contract in readable form entered into between private parties which constitutes a restriction of the use of a particular parcel of property.
PUBLIC LAND. Land owned or operated by municipal, school district, county, state or other governmental units.
RECREATION.
(a) COMMERCIAL OUTDOOR RECREATION. Commercial recreation which requires large land areas or location in a rural setting such as golf courses, driving ranges, flea markets, shooting ranges and the like, but not to include campgrounds nor recreational vehicle camps.
(b) COMMERCIAL RECREATION. Includes all uses such as bowling alleys, driving ranges, and movies theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
(c) PUBLIC RECREATION. Includes all uses such as tennis courts, ball fields, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
RECREATION EQUIPMENT. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 20 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures but not including tree houses, swimming pools or sheds utilized for storage of equipment.
SET BACK. The minimum horizontal distance between a building and street or right-of-way line.
SHORELAND. The land located within the following distances from public waters 1,000 feet from the normal highwater mark of a lake, pond or flowage. The practical limits of SHORELANDS may be less than the statutory limits wherever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances.
SIGN.
(a) ADVERTISING SIGN or BILLBOARD. A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where the sign is located.
(b) BUSINESS SIGN. A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between the floor and the ceiling next above it. A basement shall be considered a STORY if its ceiling is over five feet above the average established grade.
STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner.
TOWER. Any pole, spire, or lattice structure, or combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting materials.
TOWNHOUSE. Single-family attached units in structures housing three or more dwelling units contiguous to each other, only by the share of one common wall and each dwelling unit shall have separate and individual front and rear entrances.
USE. The purpose for which land or building thereon are designed, arranged or intended to be occupied or used, or for which they are occupied or maintained.
VARIANCE. The waiving of specific literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration.
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.
(a) FRONT YARD. 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.
(b) REAR YARD. A yard extending across the full width of the lot and lying between the nearest line of the building.
(c) SIDE YARD. 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.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00; Am. Ord. 02-01, passed 2-12-02)