§ 155.001 TITLE.

This chapter, which is the 1978 amendment to the County Zoning Ordinance, shall be known, cited and referred to as the “Wright County Zoning Ordinance” and may be referred to herein as “this chapter”.

§ 155.002 INTENT AND PURPOSE.

This chapter is adopted for the purpose of:

(A) Protecting the public health, safety, morals, comfort, convenience and general welfare;

(B) Promoting orderly development of the residential, commercial, industrial, recreational and public areas;

(D) Conserving and developing natural resources;

(E) Providing for the compatibility of different land uses and the most appropriate use of land throughout the community; and

(F) Protect agricultural area.

§ 155.003 RULES AND DEFINITIONS.

(A) Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.

(1) The singular number includes the plural and the plural the singular.

(2) The present tense includes the past and future tenses, and the future the present.

(3) The word “shall” is mandatory, and the word “may” is permissive.

(4) The masculine gender includes the feminine and neuter genders.

(5) Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be constructed as set forth in such definition.

(6) All measured distances expressed in feet shall be to the nearest tenth of a foot.

(7) In the event of conflicting provisions within this chapter, the more restrictive provision shall apply.

(B) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

(1) ACCESSORY USE OR STRUCTURE. A use or structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto. Detached accessory structures and garages on lots less than one acre shall not have a second story, must have no more than six feet of headroom in a rafter storage area, and have a maximum 6/12 roof pitch. ACCESSORY BUILDINGS AND STRUCTURES, individually and combined (not to include attached garages nor decks), on residential parcels smaller than ten acres in size shall not exceed the following maximum size limits.

Parcel Size	Max. Building Area	Max. Sidewall
Less than 20,000 sq. ft.	1,000 square feet	14 feet
20,000 sq. ft. - 0.99 acres	1,600 square feet	14 feet
1 - 2.49 acres	2,400 square feet	14 feet
2.5 - 4.99 acres	3,200 square feet	14 feet
5 - 9.99 acres	4,000 square feet	16 feet
* Parcels classified as public lands are exempt from the maximum size limits stated herein.

(2) ACCESS DRIVE (DRIVEWAY). An improved area of any lot or parcel which is used for vehicular access or parking.

(3) ADDITION, BUILDING. Any construction that expands the footprint, livable space or volume of a building, such as a porch, basement, an additional level or floor, attached garage, carport, new room or roof pitch or wall height change.

(4) ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter.

(5) AGRICULTURAL USE. The use of land for the growing and/or production of field crops, livestock and livestock products for the production of income including, but not limited to, the following:

(a) Field crops, including: barley, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers;

(b) Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including ponies, deer, rabbits and mink; and

(6) AIRPORT or HELIPORT. Any land or structure which is used or intended for use for the landing and take-off of aircraft, and for appurtenant land or structure used or intended for use for port buildings or other port structures of rights-of-way.

(7) ANIMAL UNIT. A unit of measure used to compare differences in the production of animal wastes which has as a standard the amount of waste produced on a regular basis by a slaughter steer or heifer. For purposes of this chapter, the definition and units of measure contained in Minn. Rules part 7020.0300, subpart 5, shall apply.

(8) APARTMENT. A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family, or group of individuals living together as a single family unit. This includes any units in buildings with more than two dwelling units.

(9) AUTO OR MOTOR VEHICLE REDUCTION YARD. A lot or yard where one 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.)

(10) BASEMENT. A portion of a building located partly underground, but having one-half or more of its floor-to-ceiling height below the average grade of the adjoining ground. For floodplain regulatory purposes, BASEMENT shall include any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

(11) BED AND BREAKFAST. A single-family dwelling with furnished bedrooms provided to guests, at which meals may be served to guests by the permanent residents, which is kept, used or advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay to guests for transient occupancy as defined in M.S. §327.70, subd. 5, as it may be amended from time to time, but in no case shall continuous occupancy exceed 30 days. There shall be offered for guests no more than four bedroom units per single family dwelling, accommodating not more than two adult persons per unit. One guesthouse, as defined in § 155.086 of this chapter, located on the same property, may be used as one of the permitted four units for an approved BED AND BREAKFAST; provided that, the residence on the property does include at least one unit.

(12) BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of a BLUFF):

(a) Part or all of the feature is located in a shoreland area;

(b) The slope rises at least 25 feet above the ordinary high water level of the water body;

(c) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

(d) The slope drains toward the water body.

(13) BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

(14) BLUFFLINE. A line along the top of a slope connecting the points at which the slope becomes less than 13%. This applies to those slopes within the land use district(s) which are beyond the setback provisions from the ordinary high water mark.

(15) BOARDINGHOUSE (ROOMING OR LODGING HOUSE). A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed 20 persons.

(16) BOATHOUSE. A one-story structure not to exceed ten feet in height, exclusive of safety railing, designed and used solely for the storage of boats or boating equipment, the top of which may be used as an open deck with safety railings. A BOATHOUSE shall not be allowed to serve as living quarters and shall not contain sanitary facilities.

(17) BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate BUILDING.

(18) BUILDING CODE. Minnesota State Building Code as adopted by the county.

(19) BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

(20) BUILDING SETBACK. The minimum horizontal distance between the building and a lot line.

(21) BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited, stored, sold or where services are offered for compensation.

(21a) CANNABIS. As defined in M.S. § 342.01, as it may be amended from time to time.

(22) CARPORT. An automobile shelter having one or more sides open.

(23) CHURCH. A building and uses, where persons regularly assemble for religious worship and which building, and uses, is maintained and controlled by a religious body organized to sustain public worship.

(24) CLEAR-CUTTING. “Intensive vegetative clearing” including the complete removal of trees or shrubs in a contiguous patch, strip, row or block.

(25) COMMERCIAL AGRICULTURAL TOURISM. A rural commercial operation that is connected to a primary agricultural use and may include orchards, wineries, the promotion of agriculture or the natural environment, or the use of the rural outdoor environment for events such as weddings and gatherings. COMMERCIAL AGRICULTURAL TOURISM may allow for the construction of accessory structures to be used for events and special gatherings of people to be held within such structures. Food catering and limited food preparation, along with limited retail that is directly associated with the COMMERCIAL AGRICULTURAL TOURISM use may be allowed.

(26) COMMISSIONER. Commissioner of Department of Natural Resources.

(27) COMMUNITY WATER AND SEWER SYSTEMS. Utilities systems serving a group of buildings, lot or any area of the community, with the design and construction of such utility systems as approved by the community and the state.

(28) 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 county and its environs, as defined in the state’s County Planning Act, M.S. Ch. 364, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

(29) CONDITIONAL USE. A land use or development that would not be appropriate generally, but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.

(30) CONTRACTORS YARD, NON-COMMERCIAL. Buildings and structures, including limited outdoor storage, located on the homestead of a contractor in the building trades or other similar business, for the purpose of storing machinery and equipment related to the business which is primarily conducted off-site. All storage and screening requirements in §§ 155.076 through 155.079 of this chapter must be met, all building size requirements must be met and the use must be clearly incidental to the primary use of the property as a homestead. (Pre-existing yards will not be required to obtain an interim use permit; provided, all ordinance requirements are met.)

(31) COUNTY BOARD. Wright County Board of Commissioners

(32) CURB LEVEL. The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a CURB LEVEL or its equivalent for the purpose of this chapter.

(33) DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.

(34) 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.

(35) DUPLEX. A detached residential building containing two dwelling units.

(36) DWELLING ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

(37) DWELLING DETACHED. A dwelling which is entirely surrounded by open space on the same lot.

(38) 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.

(39) EASEMENT. A grant by a property owner for the use of a strip of land by the public or for any person for any specific purpose or purposes but not for purposes of ingress and egress to residential areas.

(40) ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, switches, civil defense sirens, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment, appurtenances, facilities, and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Antennas and support structures as defined in § 155.106 of this chapter shall not be considered an ESSENTIAL SERVICE.

(41) EXTERIOR STORAGE (INCLUDES OPEN STORAGE). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

(42) EXTRACTION AREA. Any non-agricultural artificial excavation of earth exceeding fifty square feet of surface area or two feet in depth, excavated or made by the removal from the natural surface of the earth, or sod, soil, sand, gravel, stone or other natural matter, or made by turning, or breaking or undermining of the earth.

(43) FAMILY. An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.

(44) FARM. A tract of land, ten acres or more in size, which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such FARM may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.

(45) FARM ACCESSORY MOBILE HOME OR STRUCTURE. A mobile home or structure with livable area placed on a farm which already has a primary residence on the same parcel or nearby land under the same homestead, said mobile home or structure to be used as a temporary residence by a family member or farm employee. Farm employment must be the primary occupation of the resident of the mobile home or structure, and the applicant for such a mobile home or structure must demonstrate the need for such occupant to be located on the farm site in addition to the primary farm residence. No such mobile home or structure shall be allowed as the primary or only residence on any parcel. Any structure with livable area must share access with the primary farm residence or the farm operation and shall be within 750 feet of the primary farm residence or the farm operation.

(46) FEED LOTS, LIVESTOCK. The place of confined feeding of livestock or other animals for food, fur, pleasure or resale purposes in yards, lots, pens, buildings or other areas not normally used for pasture or crops in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals.

(47) FENCE. A fence is defined for the purpose of this chapter as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or along the required yard.

(48) FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

(49) FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the FLOOR AREA shall not include: basement floor area other than area devoted to retailing activities; the production of processing of goods; or to business or professional offices.

(50) 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 such building or buildings are located.

(51) 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.

(52) FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand, not to include normal clearing for permitted, interim or conditional uses.

(53) FORESTRY. The use and management including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings and fences.

(54) FRONTAGE. The boundary of a lot which abuts an existing or dedicated public street.

(55) GARAGE, PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.

(56) GOVERNING BODY. The Wright County Board.

(57) HARDSHIP. The same as that term is defined in M.S. Ch. 394 (for counties), as it may be amended from time to time.

(58) HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of any roof.

(59) HIGHWAY. Any public thoroughfare or vehicular right-of-way with a federal or state numerical route designation; any public thoroughfare or vehicular right-of-way with a county numerical route designation.

(60) HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or exhibit any exterior evidence of such secondary use. Such OCCUPATION shall be conducted or carried on only by the person residing on the premises.

(61) HORTICULTURE. Horticultural uses and structures designed for the storage of products and machinery pertaining and necessary thereto.

(62) HOTEL. A building which provides a common entrance, lobby, halls and stairway and in which 20 or more people are, for compensation, lodged with or without meals.

(63) IMPERVIOUS SURFACE. Any surface that is incapable of being penetrated by water and thereby restricts percolation of water into the ground or does not maintain a vegetative cover. IMPERVIOUS SURFACES include, but are not limited to, the footprint of all structures or buildings, decks, stairways, lifts and landings, patios, sidewalks and all driving and parking areas. Any overhangs or cantilevers that extend more than 24 inches from the foundation shall be included in this calculation.

(64) INTERIM USE. A temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

(65) INTERIM USE PERMIT. A permit that allows a use that is for a limited period of time, subject to conditions set forth in this chapter or as established by the Planning Commission.

(66) IRRIGATION SYSTEM. Any structure or equipment, mechanical or otherwise, used to supply water to cultivated fields or supplement normal rainfall including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds and reservoirs.

(67) JUNK YARD. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A JUNK YARD includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.

(68) KENNEL. Any structure or premises on which four or more dogs over four months of age are kept for pets, sale, breeding, profit and the like.

(69) LANDSCAPING. Planting such as trees, grass and shrubs.

(70) LIVESTOCK WASTE LAGOON. A diked enclosure for disposal of livestock wastes by natural process.

(71) LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM.

(72) LOT. A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof.

(73) LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines. Only land above the ordinary high water level can be used to meet LOT AREA standards.

(74) LOT, CORNER. A lot situated at the junction of, and abutting on two 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.

(75) LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.

(76) 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.

(77) LOT LINE FRONT. 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.

(78) LOT LINE REAR. 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.

(79) LOT LINE SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

(80) LOT OF RECORD. Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of any 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 8-2-1978; provided that said parcel or parcels were legally created in accord with ordinances in effect at the time the deed or contract was recorded.

(81) 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.

(82) LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a THROUGH LOT, both street lines shall be front lot lines for applying this chapter.

(83) LOT WIDTH. The minimum 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.

(84) LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of 44 C.F.R. § 60.3.

(85) MAINTENANCE. The normal upkeep of a structure including the replacement of windows, siding, external roof surfaces or exterior finish, such as paint or stain.

(86) MANUFACTURED HOME. A structure manufactured in accord with the Manufactured Home Building Code as defined in M.S. Ch. 327B, as it may be amended from time to time, and meeting the definition in M.S. Ch. 327B, as it may be amended from time to time. For the purpose of this chapter, MANUFACTURED HOMES which comply with the standards listed in § 155.102 of this chapter shall be considered to be single-family dwellings. MANUFACTURED HOME does not include RECREATIONAL VEHICLE.

(87) METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.

(88) MINING. The extraction of sand, gravel, rock, soil or other material from the land in the amount of one thousand cubic yards or more and the removing thereof from the site shall be MINING. The only exclusion from this definition shall be removal of minerals associated with construction of a building provided such removal is an approved item in the building permit.

(89) MOBILE HOME. For the purposes of this chapter, any manufactured home, as defined above, which does not meet the standards in § 155.102 of this chapter. 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.

(90) MOBILE HOME PARK. Any site, lot, field or tract of land under single ownership designed, maintained or intended for the placement of two or more occupied mobile homes. MOBILE HOME PARK shall include any buildings, structure, vehicle or enclosure intended for use as part of the equipment of such mobile home park.

(91) MOBILE HOME STAND. The part of an individual mobile home lot which has been reserved for placement of the mobile home, appurtenant structures or additions.

(92) MOTEL (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 to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

(93) MULTIPLE RESIDENCE (APARTMENT BUILDING). Three or more dwelling units in one structure.

(94) NEW CONSTRUCTION. Any structural alteration to a building that exceeds 50% of the value of the structure or 50% of the footprint, whichever is more restrictive, shall be considered NEW CONSTRUCTION. The value is to be determined by calculating the square footage value based on the construction value worksheet used by the county at the time.

(95) 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.

(96) NURSING HOME. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder. Said NURSING HOME shall be licensed by the state’s Board of Health as provided for in M.S. § 144.50, as it may be amended from time to time.

(97) OBSTRUCTION (FLOODPLAIN). Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain 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.

(98) OFFICIAL MAP. The map established by the governing body, in accordance with state statutes, showing streets, highways, parks and drainage, both existing and proposed.

(99) 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. Such space shall be of size as to accommodate one vehicle of the type used in the particular business.

(100) OPEN SALES LOT (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.

(101) 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.

(102) ORDINARY HIGH WATER LEVEL. 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 predominantly aquatic to predominantly terrestrial. In areas where the ORDINARY HIGH WATER MARK is not evident, setbacks shall be measured from the top of the stream bank of the following water bodies that have permanent flow or open water: the main channel; adjoining side channels; backwaters; and sloughs.

(103) 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 a standard automobile.

(104) PEDESTRIAN WAY. A public or private right-of-way across or within a block, to be used by pedestrians.

(105) PLANNED UNIT DEVELOPMENT. An urban development having two or more principal uses or structures on a single lot and developed according to any approved plan. Where appropriate, this development control advocates:

(a) A mixture of land uses, one or more of the non-residential 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.

(106) PLANNING COMMISSION. The Planning Commission of the county, except when otherwise designated.

(107) 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.

(108) PROPERTY LINE.

(a) The more restrictive of either the legal boundaries of a parcel of property, or a right-of-way line of a road, cartway and the like, including a zoning district boundary line. For zoning purposes, PROPERTY LINE is unaffected by change in property ownership, including the common ownership of adjacent parcels of property, lots, lot lines or lots of record.

(b) Non-conforming lots of record in the same zoning district that are owned by the same entity may be combined for residential purposes by order of the Zoning Administrator.

(109) 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.

(110) PUBLIC LAND. Land owned or operated by municipal, school district, county, state or other governmental units.

(111) PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as they may be amended from time to time.

(112) RECLAMATION LAND. The improvement of land by deposition movement of material to elevate the grade. Any parcel upon which 500 cubic yards or more of fill are deposited (50 cubic yards in shoreland areas) shall be considered as RECLAIMED LAND.

(113) RECREATION, COMMERCIAL. Includes all uses such as bowling alleys, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

(114) RECREATION, COMMERCIAL OUTDOOR. 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.

(115) 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.

(116) RECREATION, PUBLIC. 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.

(117) RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for the purposes of this chapter. For the purposes of this chapter, the RECREATIONAL VEHICLE is synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.

(118) REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract of tracts of a registered land survey number. See M.S. § 508.47, as it may be amended from time to time.

(119) REMODEL. An alteration of the interior or exterior portion of the existing structure to include work performed on the interior of a structure (provided, the work performed does not increase the number of bedrooms or increase water usage), maintenance and adding windows and doors. Under no circumstances shall REMODELING constitute the replacement of the main structural frame, walls or changes in the exterior dimensions of the structure.

(120) RETREAT CENTER. A semipublic use oriented to using the natural features and outdoor character of the area for short-term stays and featuring educational, contemplative and human development workshop and related training activities, which may include the following: religious worship and workshops; passive recreation (non-motorized) oriented to appreciating the outdoor and natural character of the area; a nature center, conservatory, interpretive center, exhibit, museum or library space; residential buildings (cabins) for short-term occupancy by a single family or unrelated individuals attending an educational or similar event or workshop at the retreat (but not designed or intended for use as a residence); and/or having limited communal facilities for dining, sanitation, meeting, educational or worship purposes.

(121) RIDING ACADEMIES. Includes stables and riding facilities, both outdoor and indoor, operated as a commercial recreation use with the intention of earning a profit by providing entertainment for the public.

(122) ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue boulevard, lane, place or however other designated. Ingress and egress easements shall not be considered ROADS.

(123) SCHOOL. As defined within M.S. § 120.05, as it may be amended from time to time, and M.S. § 123B.41, subd. 9 and 10, as they may be amended from time to time.

(124) SEASONAL STORAGE. The use of an accessory building for the purposes of renting or leasing indoor storage space for the storing and removal of personal property, where the facility is open to the public in the spring and fall on a limited seasonal basis. An interim use permit for seasonal storage shall be required for such use. The accessory structure must meet all requirements of the Minnesota State Building Code. Outdoor storage shall be prohibited.

(125) SELECTIVE CUTTING. The removal of single scattered trees.

(126) SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

(127) SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.

(128) SETBACK. The minimum required horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other regulated facility.

(129) SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in § 155.090 of this chapter.

(130) SEWAGE TREATMENT SYSTEM, PUBLIC. A system owned and operated by a city, township, county or other governmental entity recognized by state statute, including the sewage treatment plant, and all pipelines or conduits, pumping stations, force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to the treatment plant. This definition does not include cluster systems, nor any ITS as defined by MPCA regulations, nor any privately owned and operated sewage treatment systems.

(131) SEWER SYSTEM. Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of treatment.

(132) SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

(133) SHORELAND.

(a) Land located within the following distances from public waters.

1. One thousand feet from the normal high water mark of a lake, pond, flowage; and

2. Three hundred feet from a river or stream or the landward extend of a floodplain designated by ordinance on such river or stream, whichever is greater.

(b) The practical limits of SHORELANDS may be less whenever the waters involved are bounded by natural topographic divides which extend landward from the water for less distances and when approved by the Commissioner.

(134) SIDEWALL HEIGHT. The vertical distance between the lowest exposed floor and the point where the wall meets the roof truss. “Tuck-under” garages may be allowed provided only one wall is more than 25% exposed and the exposed wall is no more than twice the allowable SIDEWALL HEIGHT.

(135) SIGN. Any structure or device that has a visual display that is visible from a public right-of-way and is designed to identify, announce, direct, or inform.

(136) SIGN, DYNAMIC. Any sign with a characteristic that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign face or its components. This definition includes a display that incorporates a technology or method allowing the sign face to change the image without having to replace the sign face or its components physically or mechanically. This definition also includes any rotating, revolving, moving, flashing, blinking, or animated graphic or illumination, and any graphic that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.

(137) SIGN, FLASHING. Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.

(138) SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.

(139) SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.

(140) SIGN, SURFACE AREA OF. The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits such sign and not forming an integral part of the display. Only one side of a double-faced or V-type sign structure shall be used in computing total SURFACE AREA.

(141) SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state’s Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state’s archaeologist or the director of the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.

(142) SINGLE-FAMILY DWELLING. A detached permanent structure, designed for use by one family only, which contains at least one story with a floor area of at least 800 square feet and is constructed in accord with all applicable codes and ordinances in the county. Mobile homes are not considered as permitted SINGLE DWELLINGS, except as expressly permitted elsewhere in this chapter.

(143) SOLAR ENERGY FARMS. A solar array composed of multiple solar panels on ground-mounted rack or poles which are the primary land use for the parcel on which it is located and is greater than 200 kilowatts alternating current (AC) rated capacity.

(144) SOLAR ENERGY SYSTEMS. A solar panel or array mounted on a building, pole or rack that is secondary to the primary use of the parcel on which it is located and is 200 kilowatts alternating current (AC) rated capacity and under.

(145) SPECIAL PROTECTION. A zoned area, the purpose of which is to manage areas unsuitable for development.

(146) STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

(147) STREET. A public right-of-way which afford’s primary means of access to abutting property, and shall also include avenue, highway, road or way.

(148) STREET, COLLECTOR. A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major road.

(149) STREET, LOCAL. A street intended to serve primarily as access to abutting properties.

(150) STREET, MAJOR OR THOROUGHFARE. A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

(151) STREET PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.

(152) STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.

(153) STORY. The portion of a building included between the surface of any floor and the surface of the floor next above. For the purpose of height regulations, a basement shall not be counted as a STORY.

(154) 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.

(155) STRUCTURE. Anything constructed, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. Construction of a building or structure on skids or other non-permanent fixture shall not obviate the requirement for a building permit or compliance with setback standards in this chapter.

(156) SUBDIVISION. The dividing of any parcel of land into two or more parcels. For floodplain regulatory purposes, SUBDIVISION shall mean land that has been divided for the purpose of sale, rent, or lease, including planned unit developments.

(a) PLATTED SUBDIVISION. If any resultant parcel is less than five acres in area and less than 300 feet in width and the subdividing was done for the purpose of transfer of ownership to effectuate building development or if a new street or road is involved, regardless of the size of the parcel and/or its width, subsequent parcels must be platted in accordance with the terms and procedure of Ch. 155 of this code of ordinances.

(b) UNPLATTED SUBDIVISION. A division of any parcel of land into two or more parts where in all parts are at least five acres and at least 300 feet in width and have frontage on an existing public road. Ingress and egress easements of any type shall not be construed as public roads. These do not require platting, but shall be zoned for the appropriate use.

(157) SUBDIVISION MOBILE HOME. A subdivision containing a minimum of ten lots, allowing both conventional homes and mobile homes. Existing subdivisions containing a minimum of 30% mobile homes, shall be defined as MOBILE HOME SUBDIVISIONS. The creation of new mobile home subdivisions is prohibited.

(158) SURFACE WATER-ORIENTED COMMERCIAL USE. As defined by Minn. Rules part 6120.2500, subpart 18a.

(159) TOE OF THE BLUFF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the TOE OF THE BLUFF shall be the lower end of a 50-foot segment with an average slope exceeding 18%.

(160) TOP OF THE BLUFF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the TOP OF THE BLUFF shall be the upper end of a 50-foot segment with an average slope exceeding 18%.

(161) TOWNHOUSE. A single-family building attached to party walls with other single-family buildings, and oriented so that all exits open to the outside.

(162) TRAVEL TRAILER/PARK TRAILER. A trailer mounted on wheels which is designed to provide temporary living quarters during recreation, camping or travel, does not require a special highway moving permit based on its size or weight when towed by a motor vehicle, and is less than 40 feet in length (including hitches) and less than 102 inches in width. A PARK TRAILER is a travel trailer which is 102 inches or more in width, and no larger than 400 square feet when any collapsible components or additions are fully extended. Any trailer larger than these dimensions shall be considered to be a mobile home. (See § 155.091 of this chapter for trailer regulations.)

(163) TREATMENT AND RECOVERY FACILITY. A use in which clients reside 24 hours per day under the care and supervision of a chemical dependency treatment or recovery program overseen by a staff member with a state-issued professional license in mental health or chemical dependency. The operator of the facility must be affiliated with a chemical dependency treatment provider licensed according to M.S. Ch. 245G, or certified according to Minn. Rules, parts 2960.045 to 2960.0490. Treatment and recovery facilities shall not include facilities that are also eligible for licensure or certification by the Minnesota Department of Corrections.

(164) 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.

(165) USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

(166) USE, NON-CONFORMING. Use of land, buildings or structures legally existing at the time of adoption of this chapter which does not comply with the use restrictions governing the zoning district in which such use is located.

(167) USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.

(168) USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted, interim or conditional.

(169) USE, SUBSTANDARD. A legal use or structure existing prior to the enactment of the county’s zoning ordinances which is a permitted, interim or conditional use or structure within the applicable zoning district, but does not meet the minimum lot area, water frontage, structure setbacks or other dimensional standards.

(170) VARIANCE. A modification or variation of the strict terms of this chapter, as applied to a specific piece of property, in order to provide relief for a property owner because of undue hardship or peculiar difficulty imposed upon him or her by this chapter; except that, modification in the allowable uses within a district shall not be considered a VARIANCE. VARIANCES shall normally be limited to height, bulk, density and yard requirements. As defined in M.S. § 394.27, subd. 7, as amended from time to time.

(171) WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground structure or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached ground level platforms or landings.

(172) WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).

(a) An electrical generating facility comprised of one or more wind turbines and accessory facilities, including, but not limited to: power lines; transformers; substations; and meteorological towers that operate by converting the kinetic energy of wind into electrical energy.

(b) The energy may be used on-site or distributed into the electrical grid.

(174) YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky.

(175) YARD, FRONT. The area extending across the front of the lot between the side yard lines and lying between the center line of the road or highway and the nearest line of the building; except, on riparian lots, the FRONT YARD will be taken to be that part of the lot that faces the water.

(176) YARD, REAR. An open unoccupied space, except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot.

(177) YARD, SIDE. An open unoccupied space on a lot between the main building and the side line of the lot, extending from the front of the lot to the rear of the lot.

(Ord. passed 7-28-2015; Ord. passed 12-1-2015; Ord. 16-01, passed 5--2016; Ord. 16-2, passed ---; Ord. 16-8, passed 12-27-2016; Ord. 17-3, passed ---; Ord. 18-2, passed 6-19-2018; Ord. 18-4, passed 6-19-2018; Ord. 19-4, passed 8-27-2019; Ord. 20-1, passed 12-29-2020; Ord. 21-5, passed 1-18-2022; Ord. 21-5A, passed 1-18-2022; Ord. 22-4, passed 11-29-2022; Ord. 23-1, passed 5-2-2023; Ord. 24-4, passed 6-4-2024; Ord. 24-7, passed 12-3-2024)

§ 155.004 APPLICATION.

(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(B) Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

(C) Except as in this chapter specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose, nor in any manner, which is not in conformity with this chapter.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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