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 include the future, the singular number includes the plural and the plural the singular, the masculine includes the feminine and the feminine the masculine. Where terms are not defined in this section and are defined in the State Building Code (as adopted by the city under Chapter 150), such terms shall have the meanings ascribed to them in the Building Code. Where terms are not defined under the provisions of this chapter or under the provisions of the Building Code, such terms shall have ascribed to them their ordinarily accepted meanings considering the context in which used in this chapter. Whenever the words “dwelling,” “dwelling unit,” “rooming units,” “premises” and “structures” are used in this chapter, such words shall be construed as though followed by the words “or any part thereof.” If a term is defined in this chapter and in some other section of the code, the definition which is most favorable to enforcement of this chapter shall apply.
ACCESSORY BUILDING or STRUCTURE. A building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.
APPROPRIATE AUTHORITY. The person within the governmental structure of the corporate unit who is charged with the administration of the appropriate code or that agency which is specifically designated to deal with situations related to a specific issue pertaining to this chapter.
APPROVED. As applied to a material, device or method of construction, shall mean approved by the enforcement officer under the provisions of this chapter or approved by other authority designated by law to give approval in the matter in question.
BASEMENT. The portion of a building partly below grade but so located that the vertical distance from grade to floor is not greater than the vertical distance from the grade to the ceiling.
BOARDING CARE HOME. This type of use is licensed and regulated by other city and state laws. A BOARDING CARE HOME shall be defined the same as contained in the regulations of the Minnesota State Board of Health or by such other state agency that licenses and regulates boarding care homes.
BUILDING. Any temporary or permanent structure which is constructed for the shelter, support or enclosure of persons, animals or property of any kind.
BUILDING CODE. The Minnesota State Building Code as adopted under Chapter 150.
BULK CONTAINER. Any metal garbage, rubbish and/or refuse container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
CELLAR. A room or group of rooms totally below the ground level and usually under a building.
CENTRAL HEATING SYSTEM. A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.
CHIMNEY. A vertical masonry shaft of reinforced concrete or other approved non-combustible, heat-resisting material enclosing one or more flues for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
DILAPIDATED. No longer adequate for the purpose or use for which it was originally intended.
DWELLING. Any enclosed space wholly or partially used or intended to be used for living, sleeping, cooking and eating, provided that “temporary housing,” as hereinafter defined, shall not be classified as a dwelling. Industrialized housing and modular construction which conform to nationally accepted industry standards and are used or intended for use for living, sleeping, cooking and eating purposes shall be classified as DWELLINGS. Mobile homes are included in this definition.
DWELLING, MULTI-FAMILY. Any building or portion thereof designed for or used by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building for and exclusively used for residence purposes by one family only.
DWELLING, TOWNHOUSE. A dwelling joined to other dwellings by a party wall or walls.
DWELLING, TWO-FAMILY. A building designed for and exclusively used for residence purposes by two families living independently of each other.
DWELLING UNIT. One room or suite of private or interconnecting rooms, designed for occupancy by one or more persons for living and sleeping purposes and having cooking, toilet and bathing facilities or any structure or portion of a structure or other shelter designed as short or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motels, hotels and resort rooms and cabins.
EGRESS. An arrangement of exit facilities to assure a safe means of exit from buildings.
EGRESS WINDOW. A window meeting the specifications in I.R.C. § 310.
ENFORCEMENT OFFICER. The Neighborhood Services Officer as appointed in accordance with the provisions of Title IX or such other or additional agent(s) or employee(s) of the city as may be appointed by authorization of the City Council.
EXTERIOR PROPERTY AREAS. Open space on the premises, on adjoining property and all sidewalks, walkways and exterior stairs under the control of the owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating or trapping or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
FAMILY. For the purpose of a rental unit, shall mean a person living alone or two or more persons living together as a single housekeeping unit, in a dwelling unit, distinguished from a group occupying a boarding house, motel or hotel, fraternity or sorority house, provided that unless all members are related by blood, adoption or marriage no such family shall contain over five persons. A person for whom foster care is being given by another member of the family in accordance with the provisions of an officially recognized care program shall be considered related to the family member or members providing such care.
FLUSH WATER CLOSET. A toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water-sealed trap above the floor level.
GARBAGE. Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
GLAZED AREA. The area composed of glass or other suitable materials required under the provisions of the Minnesota State Building Code as adopted pursuant to Chapter 98.
GRADE. The elevation established for the purpose of regulating the number of stories and the height of buildings. GRADE shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings.
GROSS FLOOR AREA. The total area of all habitable space.
GUEST. An individual who shares a dwelling unit in a nonpermanent status for not more than 30 days.
GUEST ROOM. A room or a group of rooms in a licensed bed and breakfast facility forming a single habitable unit which is located within the walls of a residential structure and which is used or intended to be used for sleeping and living but not for cooking or eating purposes and which is let individually as a unit.
HABITABLE ROOM. A room occupied by one or more persons used or intended for living, cooking, eating or sleeping purposes but does not include bathrooms, closets, water closet compartments, laundries, serving and storage pantries, corridors, cellars and spaces that are not used frequently or during extended periods.
HABITABLE SPACE. The square feet of floor space in a dwelling unit multiplied by the number of stories, excluding the basement, unless the basement is specifically designed for occupancy with egress facilities.
HEALTH OFFICER. The County Sanitation Officer or an authorized representative who is the legally designated health authority of Nobles County.
HOUSING CODE. The Uniform Housing Code, volume 111, most recent edition, published by the International Conference of Building Officials as adopted by § 150.02.
INFESTATION. The presence, within or contiguous to a structure or premises, of insects, rodents, vermin or other pests.
INSPECTION. Unless the content of the provision in which the term is used requires a different meaning for the provision to be effective, the term shall apply to a review process which concerns only the exterior of a building and the premises on which the building is located.
LEAD-BASED PAINT. Any paint containing more lead than the level established by the U.S. Consumer Safety Commission as being the safe level of lead in residential paint and paint products.
LET. To lease or to grant the use and possession of real property, whether or not for compensation.
LITTER. All rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, offal composed of animal matter or vegetable or both or any noxious or offensive matter whatever, including but not limited to, any dead animals, dead fish and any of the following which are discarded or improperly stored: chemicals, chemical compounds, petroleum products or compounds, automobile parts or accessories, tires, wheels, furniture, appliances, junk, paper, cardboard, lids, bottles, caps, cartons, wrappers, boxes, wooden objects, plastic objects, rubber objects, leather objects, hides, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, building materials, brick, cinder block, paint, concrete, sand, gravel, stone, glass, asphalt, ashes, cigarettes, cigars, food or food products, solvents, dyes, beverages and liquids, except water. LITTER shall not include the composting of yard wastes at any authorized facility or composting in composting-holding units which meet the following specifications:
(1) Does not exceed 125 cubic feet in volume;
(2) Shall be constructed of wood, wire, metal or plastic excluding plastic bags;
(3) May be a stationary or rotating unit;
(4) Shall be maintained to minimize odors; and
(5) Shall be insect-proof and animal-proof, both domestic and wild.
NON-RECYCLING MATERIALS. Solid waste, refuse, construction debris and materials for which there is no appropriate existing recycling market.
OCCUPANT. Any individual, living, sleeping, cooking or eating in or having possession of a dwelling unit for more than five days in any one-month period, except that in dwelling units a guest shall not be considered an occupant.
OPERATOR. Any person who has charge, care or control of a residential structure, rooming house or building in which dwelling units, rooming units or business spaces are let or offered for occupancy.
OWNER. Any person who, alone or jointly or severally with others:
(1) Has legal title to any premises, building, structure, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any premises, building, structure, dwelling or dwelling unit, as owner or agent of the owner or an executor, administrator, trustee or guardian of the estate of the owner.
OPENABLE or OPENABLE AREA. The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
PERSON. An individual, firm, corporation, association or partnership.
PLUMBING or PLUMBING FIXTURE. Water heating facilities, water pipes, gas pipes, garbage and disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents or other similarly supplied fixtures, together with all connection to water, gas, sewer or vent lines.
PREMISES. A platted lot or part thereof or unplatted lot or parcel of land, either occupied or unoccupied by any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon.
PROFESSIONAL STATE OF MAINTENANCE AND REPAIR. Maintenance and repair was done, is being done or will be done in a reasonable and skillful manner.
PROPERLY CONNECTED. Connected in accordance with all applicable codes and ordinances of the city, as from time to time enforced; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.
RAT, VERMIN AND INSECT HARBORAGE. Any conditions or place where rats, vermin and insects can live or seek shelter.
RAT AND VERMIN PROOFING. A form of construction which will prevent the ingress or egress of rats and vermin to or from a given space or building or from gaining access to food, water or harborage. It consists of the closing and keeping of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats and vermin by climbing, burrowing or other methods, by the use of materials impervious to rat and vermin gnawing and other methods approved by the Building Inspector.
RECYCLING MATERIALS. Aluminum cans, tin food cans, glass bottle jars, plastic bottles and jugs, newspaper and corrugated boxes/cardboard.
REFUSE. Putrescible and non-putrescible solid waste, except body waste and includes garbage, rubbish, ash, incinerator residue, street cleanings and solid industrial and market wastes.
REFUSE CONTAINER. See “solid waste container.”
RESIDENTIAL STRUCTURE. A residential structure, except when classified as an institution under the Building Code, shall mean a building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided.
RUBBISH. Non-putrescible solid wastes (excluding ashes) consisting of, by way of example and not limitation:
(1) Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or
(2) Noncombustible wastes such as tin cans, glass and crockery.
SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease.
SOLID WASTE. Garbage, rubbish and non-recyclable paper but not concrete, rock, dirt, construction materials, trees, cement pieces, yard waste or items of extreme bulk or weight beyond the capacity of one person to lift. Specifically excluded are recyclable materials.
SOLID WASTE CONTAINER. The container(s) furnished by the city's solid waste contractor assigned to each residential customer within the city or bulk storage containers supplied to commercial customers dependent upon the requirements of a particular commercial customer. If no such containers are being supplied, the term shall mean a refuse container which is a watertight container constructed of metal or other durable material impervious to rodents that is capable of being serviced without creating unsanitary conditions or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight-fitting.
STATE BUILDING CODE. The Building Code adopted by the State of Minnesota.
STRUCTURE. That which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUPPLIED. Installed, paid for, furnished by, provided by or under the control of the owner, operator or agent.
TOXIC SUBSTANCE. Any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels.
VARIANCE. A difference between that which is required or specified and that which is permitted.
YARD. All ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a structure.
YARD, FRONT. Any yard extending across the full width of the subject property, the area between the front property line and the nearest exterior wall of the principal structure located on the subject property.
YARD, REAR. A yard extending across the full width of the subject property, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
YARD, SIDE. A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel on the lot.
ZONING CODE. Chapters 155 and 156.
(Ord. 962, passed 4-12-04)