For the purpose of this title, 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, the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure," the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased" or "intended to be used," the word "may" is permissive and the word "shall" is mandatory and not discretionary.
ACCESSORY USE OF STRUCTURE. A use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same parcel serving a purpose customarily incidental to the use of the principal building or land use. Accessory uses in residential districts shall not involve the conduct of any business, trade or industry, except as defined under HOME OCCUPATION, or any private way or walk giving access to such activity and shall not include the boarding of animals or the keeping of fowl or farm animals. Accessory uses or structures to residential principal uses may include:
(1) Garages, carports, other parking spaces, swimming pools, tennis courts, and tool sheds for the exclusive use of residents of the premises and their guests; and
(2) Gardening and the keeping of a limited number of household pets exclusively for the personal enjoyment of residents of the premises and not for commercial purposes.
ADMINISTRATOR. The enforcement officer and development administrator of this title.
ADULT ORIENTED BUSINESS. A business that is engaged in any of the following activities or which utilizes any of the following business procedures or practices:
(1) A business that is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by operation of law or by the owners of such business; or
(2) Any business that has at least 30% or 3,000 square feet, whichever is less, of its floor area (not including storerooms, stock areas, bathrooms, basements, attics or any portion of the business not open to the public), or at least 30% of its merchandise on display to the public, devoted to items, merchandise or other material that is distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined by § 112.02 of the business regulations.
BASEMENT. A story partly underground, having at least one-half-of its height below the ground.
BEGINNING OF CONSTRUCTION. The incorporation of labor and material into the foundations or walls of the building or buildings.
BOARD. The Board of Zoning Appeals of the city.
BOARDING HOUSE. A dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, excluding transients.
BREWPUB. A brewer who is licensed for on-sale intoxicating liquor or 3.2% malt liquor license by a municipality for a restaurant operated in the place of manufacture under M.S. § 340A.24.
BUILDING. Anything, temporary or permanent, which is built or constructed for the shelter, support or enclosure of persons, animals, or property of any kind.
BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINE. An imaginary line separating BUILDABLE LOT AREA and required YARDS.
BUILDABLE LOT AREA. That part of the lot not included within the open areas required by this title.
CERTIFICATE OF APPROPRIATENESS. A permit for restoration or change of a landmark, landmark site or historic preservation district site which shall accompany a building or demolition permit band which is issued by the Heritage Officer upon direction of the Commission.
CHAIRMAN. The Chairman of the Commission or the Chairman of the Board.
CITY. The incorporated City of Worthington, Nobles County, State of Minnesota.
COMMERCIAL COMMUNICATION TOWER. Any pole, monopole, lattice, guyed tower, spires or structure intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade for commercial purposes subject to the requirements contained within § 155.072.
COMMISSION. The City Planning Commission of the City of Worthington, Minnesota.
COMPREHENSIVE GUIDE PLAN. The long-range plan (Master Plan) for the desirable use of land in the city as officially adopted and as amended from time to time by the City Council; the purpose of such plan being, among other things to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes. This plan establishes the goals, objectives, and policies of the community.
CONDITIONAL USE PERMIT. A document signed by the Zoning Administrator specifying the requirements under which a conditional use may be permitted within a zoning unit. A conditional use is a use permitted within a district other than a principally permitted use or accessory use.
CONVALESCENT (REST) HOME. Home designed and licensed to provide care for aged or infirm persons requiring or receiving personal care or custodial care complying with the standards established by the State Board of Health.
COUNCIL. The City Council of the City of Worthington, Minnesota.
DAY (CHILD) CARE CENTER. Facilities organized to provide all day care for six or more children under state license and operated in accord with state and federal standards.
DENSITY. A unit of measurement: The number of dwelling units per acre of land. As used in this ordinance, the acreage involved includes only the land devoted to residential uses (NET DENSITY). GROSS DENSITY is the number of units per acre of the total land to be developed.
DEVELOPMENT. Except where the context otherwise requires, and in the absence of a more limiting provision in this title, DEVELOPMENT means the performance of any building or mining operation, the making of any material change in the use or appearance of any structure or land, the division of land into two or more parcels, and the creation or termination of rights or access or riparian rights.
(1) The following activities or uses shall be taken to involve
DEVELOPMENT unless expressly excluded by this title:
(a) A change in type or use of a structure or land, a change from one class of use to a use in another class or designated in this title.
(b) A reconstruction, alteration of the size, or material change in the external appearance, or a structure or land.
(c) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
(d) Commencement of mining or excavation or a parcel of land.
(e) Demolition or moving of a structure or removal of trees.
(f) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(g) In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material.
(h) Commencement or change in the location of an advertising structure or use of land, and the commencement or change in location of advertising on the external part of a structure.
(i) Alteration of a shore, bank or flood plain of a waterfront, river, stream, lake, pond, or artificial body of water.
(j) Reestablishment of a use which has been abandoned for one year.
(k) Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of this title granting the development permission under which the development was commenced or is continued.
(l) Curb cuts along a public right-of-way.
(m) Work for the maintenance, renewal, improvement or alteration of any structure if: the work affects the interior or the color of the structure, or affects the decoration of the exterior of the structure; and, the work has a cost or value of $5,000 or more.
(n) Installation, alteration, or extension of any private well or private sewage disposal facility.
(2) The following operations or uses do not constitute
DEVELOPMENT for the purposes of this ordinance:
(a) The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way.
(b) Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal or construction on established right-of-way of any sewer, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like.
(c) Work for the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or decoration of the exterior of the structure (but does not otherwise materially affect the external appearance of the structure, and has a cost or value of less than $5,000).
(d) The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling.
(e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products other agricultural purposes except the growing or storage of livestock.
(f) A change in use of land or structure from a use within a class specified in this ordinance to another use in the same class.
(g) A transfer of title to land not involving the division of land into parcels.
(h) The creation of time units in existing parcels of land.
(i) The creation or termination of easements, covenants concerning development of land, or other rights in land not otherwise involving development.
(3) Development as designated in the ordinance or development permit includes all other development customarily associated with it unless otherwise specified. Activities which may result in development as defined herein include erection, construction, redevelopment, alteration, or repair when appropriate to the result of development. Reference to any specific operation as not involving development is not intended to mean that the operation or activity when part of other operations or activities is not development. Reference to particular operations is not intended to limit the generality of this definition.
DEVELOPMENT CONTRACT. A written agreement made prior to the issuance of a development permit between the city and a developer, detailing the responsibilities of the city and the developer regarding a development, formulated by the Planning Commission and executed by the developer and the City Council.
DEVELOPMENT PERMIT. A document issued by the Administrator authorizing development consistent with the terms of this title and for the purpose of carrying out or enforcing its provisions.
DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, excluding a tent, cabin, mobile home, trailer, or other temporary or portable housing.
DWELLING, MULTI-FAMILY. A building or portion thereof, designed for or used by three or more families living independently of each other.
DWELLING, SINGLE FAMILY. A building designed for and exclusively used for residence purposes by one family.
DWELLING, TOWNHOUSE. A dwelling joined to other dwellings by party wall or party 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 family for living and sleeping purposes and having cooking, toilet, and bathing facilities.
EQUAL DEGREE OF ENCROACHMENT (FLOOD). 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.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as 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, marriage, or are legally cared for, no such family shall contain over five persons.
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 equalled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway.
FLOOD PLAIN. The areas adjoining a watercourse which have been or hereafter may be covered with the regional flood.
FLOOD PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.
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.
FLOOR AREA. For the purpose of determining the floor area ratio the FLOOR AREA of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The FLOOR AREA of a building shall include basement floor area (but not cellar floor area), elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except when located on the roof, penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to parking and loading shall not be included in FLOOR AREA. The FLOOR AREA for enclosed space having a floor to ceiling height in excess of 20 feet shall be computed on the basis that each 15 feet of height shall be equal to one floor for purposes of computation. Space intended for recreational use in apartment buildings may be excluded from these calculations if the Zoning Administrator finds that said recreational uses are suitable for the size and use of the proposed structure.
FLOOR AREA RATIO. The floor area of the building or buildings on a lot divided by the area of such lot. The FLOOR AREA RATIO requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory building) in direct ratio to the gross area of the lot.
FRONTAGE. All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.
HERITAGE FEATURE. The characteristics of a LANDMARK or LANDMARK SITE which are to be preserved under this title. They include, but are not limited to:
(1) The architectural style.
(2) The general design and general arrangement of the exterior of a structure including height; gross volume, street elevation; proportion between width and height of facades; proportions and relationships between doors and windows; the rhythm of solids and voids created by openings in the facade; and the kind, texture, colors, and patterns of building materials.
(3) The exterior type, design and style of doors, windows, chimneys, light fixtures, walls, fences, ornamentation and other details.
(4) The directional expressions of the street facades should blend with other buildings. That is, dominant horizontal or vertical elements should be carried over and reflected in adjacent buildings.
(5) The existing rhythm created by building setbacks, masses, and spaces between them.
(6) The rhythm, proportion, materials and arrangement of exterior spaces, lawns, gardens, patios, walks, drives, and natural features such as shrubbery and trees.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises as an accessory use, provided no exterior storage of equipment or materials is used in connection with the home occupation; the use occupies no more than one-quarter of the area of one floor; that no structural alterations or construction involving features not customarily
found in dwellings are required, and the entrance to the space devoted to such use shall be from within the dwelling. There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, traffic congestion, or any other annoyance resulting from the home occupation.
JUNK YARD. An open area where waste or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, used lumber and bottles. A junk yard includes automobile wrecking yards, and includes any area of more than 200 square feet for storage, seven or more inoperable vehicles on an auto repair lot, keeping or abandonment of junk but excludes uses established entirely within enclosed buildings in nonresidential districts. It also excludes establishments for the sale or purchase of used operable automobile, and the processing of used, discarded or salvage materials as part of those manufacturing operations which conform to this title.
LANDMARK. Any identified improvement, which has a special character or special historic interest or cultural value as part of the heritage of the city, and which has been designated as a landmark pursuant to this title.
LANDMARK SITE. Any parcel of historic significance having value in tracing the history of aboriginal man or upon which a historical event has occurred, and which has been designated as a landmark site pursuant to this title. A LANDMARK SITE includes the parcel upon which a landmark has been built.
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open space as required by this title, and having frontage on a street.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
LOT COVERAGE. The area of a lot occupied by buildings, accessory buildings, and structures measured as a percentage of the total area of the lot.
LOT DEPTH. The mean horizontal distance between the front and the rear lot lines.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. The line separating the lot from a street.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The mean width of the lot measured at right angles to its depth.
MAJOR STREET. An officially designated federal or state numbered highway or county or other road or street designated on the official Thoroughfare (or Major Streets) Plan of the city.
MINIMUM FLOOR AREA. For the purpose of determining MINIMUM FLOOR AREA, the floor area shall be determined by multiplying the length times the width outside dimensions of the structure, excluding the dimensions of accessory structures and attached garages.
MOBILE HOME. A manufactured relocatable unit designated for long-term human occupancy which is 30 feet or more in overall
length.
MOBILE HOME PARK. Any tract of land under single ownership which has been planned, improved and approved by the city for the placement of two or more mobile homes for nontransient use.
NONCONFORMING LOT. A lot which does not comply with the minimum lot area or width requirements of the district in which it is located.
NONCONFORMING STRUCTURE. A structure which does not comply with the bulk, yard, setback or height regulations of the district in which it is located, and does not comply with all other applicable regulations of this title.
NONCONFORMING USE OF LAND. Any use of a lot which does not conform to the applicable use regulations of the district in which it is located.
NONCONFORMING USE OF STRUCTURES. A use of a structure which does not conform to the applicable use regulations of the district in which it is located.
OBJECTIONABLE ELEMENT. Any use operated in the manner described under the performance standards of this title.
OBSTRUCTION (FLOOD). 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.
OUTDOOR SEATING AREA. An outdoor seating/serving area compact and contiguous to a bar, tavern, restaurant, café, coffee shop, brewery, brewpub, or distillery subject to § 155.085(G).
PARCEL. A parcel of land means any contiguous quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit. Parcel includes an easement supporting or related to a primary parcel, and a condominium unit.
PARKING SPACE. A permanently surfaced area of not less than 200 square feet, either within a structure or in the open, exclusive of driveways or access drives for the parking of a motor vehicle.
PERFORMANCE STANDARD. A standard established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable and dangerous elements, which are generated by and inherent in or incidental to land use.
PETROLEUM BULK STORAGE. The storage of chemicals, petroleum products, or hazardous materials in above ground tanks designed for subsequent sale for wholesale distribution or mass consumption off-premises.
PLANNED UNIT DEVELOPMENT DISTRICT. A district which is established by special Council action in order to encourage more efficient use of land and public services, and to encourage greater amenity by allowing - under certain circumstances - a more flexible means of land development and redevelopment than is otherwise permissible under the lot by lot restrictions of each use district. A Planned Unit Development District may be located in any existing zone district or districts.
PUBLIC WATERS. Any waters of the state which serve a beneficial public purpose, as defined in M.S. § 105.37(6). However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purposes of these regulations. 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 Commissioner of Natural Resources shall be exempt from the provisions of these regulations.
REACH (FLOOD). A hydraulic engineering term to describe longitudinal segments of a stream or river influenced by a natural or man- made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.
REGULATORY FLOOD PROTECTION ELEVATION. The elevation of the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this ordinance are required to be elevated or flood proofed.
SHOPPING CENTER. A preplanned group of retail stores with common use areas for access, pedestrian, auto and service circulation, common parking and landscaping.
SHORELAND. Land located within the following distances from public waters:
(1) 1,000 feet from the ordinary high water mark of a lake, pond, or flowage; and
(2) 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such a river or stream, whichever is greater.
The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the municipality.
SIGN, AREA OF. The total area enclosed by a single continuous perimeter enclosing the extreme limits of the sign structure computed in square feet for
(1) A sign having but one exposed exterior surface and
(2) One-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface intended for display.
SLOPE. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (That is a 3:1 slope is a three feet horizontal and one foot vertical.)
STREET. A public or private right-of-way more than 30 feet in width, approved or accepted by public authority or user, which provides a primary means of public access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
STRUCTURE. Any building; or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
TAPROOM. A brewer who is licensed for on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer under M.S. § 340A.26, Subd. 1.
TEMPORARY OCCUPANCY. The living in or use of property or in building thereon for a limited time only without intent to use property as a year-round residence. (Ord. 590, eff. 6-26-78)
TOWNHOUSE. Any one of two or more attached dwellings in a continuous row, each such dwelling designed and erected as a townhouse unit on a separate lot and separated from one another by an approved wall or walls.
TRAILER. Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation or used for storage or conveyance for merchandise, tools, equipment, machinery, or other personal property, and so designed that it is or may be mounted on wheels and used as a. conveyance on highways and streets. Any trailer less than 30 feet in overall length is defined as a travel trailer and any relocateable unit over 30 feet in overall length is defined as a MOBILE HOME.
USE. The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
YARD. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this title.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot. Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the Official Map of the City of Worthington differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on said Thoroughfare Plan or Official Map.
YARD, REAR. A yard extending across the full width of the lot, 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 thereto on the lot.
YARD, SIDE, LEAST WIDTH, HOW MEASURED. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the "Official Map of the City of Worthington" differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as designated on the Thoroughfare Plan or Official Map.
('69 Code, § 7-6.02) (Am. Ord. 812, passed 7-10-95; Am. Ord. 829, passed 2-24-97; Am. Ord. 846, passed 9-8-97; Am. Ord. 1065, passed 12-10-12; Am. Ord. 1112, passed 1-8-18; Am. Ord. 1116, passed 7-9-18; Am. Ord. 1157, passed 3-9-20; Am. Ord. 1159, passed 3-23-20; Am. Ord. 1166, passed 11-23-20; Am. Ord. 1168, passed 3-22-21)