The following words and terms, wherever they occur in this chapter, shall be interpreted as herein defined:
ACCESSORY BUILDING OR USEA subordinate building or use that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.
AGRICULTUREThe use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agriculture activities. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals.
[Amended 2-7-2002 by Ord. No. 440]
ALLEYA public right-of-way less than 30 feet in width which affords secondary access to abutting property.
APARTMENTA room or suite of rooms which is designed for, intended for or occupied as a residence by a single family or an individual, and is equipped with cooking facilities; includes dwelling unit and efficiency unit.
AQUIFER RECHARGE AREASAll land surface areas which by nature of their surface and/or subsurface characteristics are determined to contribute to the replenishment of subsurface water supplies.
AUTOMOBILE REPAIR, MAJORGeneral repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE REPAIR, MINORMinor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under "automobile repair, major."
AUTOMOBILE WRECKINGAny place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any commercial salvaging and scavenging of any other goods, articles or merchandise.
BASEMENTA portion of a building located partially underground, but having less than 1/2 its floor-to-ceiling height below the average land grade.
BLOCKThat property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights-of-way or unsubdivided acreage.
BOARDINGHOUSEA building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than 10 persons.
BUILDABLE AREAThe portion of a lot remaining after required yards and setbacks have been provided.
BUILDINGAny structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHTA distance to be measured from the mean ground level of the building area to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deckline of a mansard roof, to the uppermost point on all other roof types.
BUSINESSAny establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
CARPORTA canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on three sides.
CELLARThat portion of a building having more than 1/2 of the floor-to-ceiling height below the average land grade of the buildable area.
CHANNELA natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CHURCHA building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLUB or LODGEA nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, provided that such serving is secondary and incidental to the operation of the dining room for the purpose of serving foods and meals; and provided, further, that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.
COMMERCIAL RECREATIONBowling alley, cart track, jump center, golf, pool hall, vehicle racing for amusement, dance hall, skating, trampoline, tavern, theater, firearms range, boat rental, amusement rides, campgrounds, deer park and similar uses.
CONDITIONAL USEA use that, because of special control problems the use presents, requires imposition of reasonable but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the municipal land use plan.
CONDITIONAL USE PERMITA permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUMA multiple dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S.A. § 515.01 et seq., as may be amended.
CONVENIENCE FOOD ESTABLISHMENTSAn establishment which serves food in or on disposable or edible containers in individual servings for consumption on and off the premises.
COOPERATIVE (HOUSING)A multiple family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
[Amended 2-7-2002 by Ord. No. 440]
COURTAny unoccupied open space other than a yard which is bounded on two sides by the walls of the buildings.
DAY CARE, FAMILYA program providing day care for no more than five children at one time, including the family day-care provider's own children under school age.
DAY CARE, GROUP FAMILYA service provided to the public, in which children of school or preschool age are cared for during established business hours, including Montessori School.
DAY CAREThe care of children outside of their own homes for a part of the twenty-four-hour day by persons unrelated to them by blood or marriage. Day care includes family day care, group family day care and care in group day-care centers.
DEPARTMENT STOREA business that is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.
DEPOSITIONAny rock, soil, gravel, sand or other material deposited naturally or by man into a water body, watercourse, floodplain or wetland.
DISTRICTA section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted thereon.
DIVERSIONA channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.
DOG KENNELAny place where three dogs or more over six months of age are boarded, bred and/or offered for sale, except as a veterinary clinic.
DRAININGThe removal of surface water or groundwater from land.
DREDGINGTo enlarge or clean out a water body, watercourse or wetland.
DRIVE-IN ESTABLISHMENTAn establishment that accommodates the patron's automobiles from which the occupants may receive a service or in which the products purchased from the establishment may be consumed.
DWELLINGA building, or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boardinghouses. Minimum requirements in establishing a dwelling, including nonattached housing, as opposed to a mobile home are set forth in §
190-16B(4).
[Amended 8-15-1983 by Ord. No. 384]
DWELLING, MOBILE HOMEA detached residential dwelling unit designed for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer is not to be considered a mobile home.
DWELLING, MULTIPLE (APARTMENT)A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other but sharing hallways and main entrances and exits.
DWELLING, SINGLE-FAMILYA dwelling unit designed exclusively for occupancy by one family.
A. ATTACHEDA dwelling which is joined to another at one or more sides by a party wall.
B. DETACHEDA dwelling unit not attached to another dwelling or structure.
DWELLING, TWO-FAMILYA dwelling designed exclusively for occupancy by two families living independently of each other.
B. DUPLEXA two-family dwelling with one unit above the other.
DWELLING UNITA residential building or portion thereof intended for occupancy by a family but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.
EFFICIENCY APARTMENTA dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.
EQUAL DEGREE OF ENCROACHMENTA method of determining the location of encroachment lines so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.
FAMILYOne or more persons each related to the other by blood, marriage, adoption or foster care or a group of not more than three persons not so related maintaining a common household and using common cooking and kitchen facilities.
FILLINGThe act of depositing any rock, soil, gravel, sand or other material so as to fill or partly fill a water body, watercourse or wetland.
FLOOR AREAThe 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, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production of 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 or processing of goods or to business or professional offices. The floor area of a residence shall include 50% of the area of attached garages and 25% of enclosed breezeways or porches, but shall not include basement area.
GARAGE, PRIVATEAn accessory building or accessory portion of the principle building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on.
GARAGE, PUBLICA building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.
GRADE (ADJACENT GROUND ELEVATION)The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
GRADINGChanging the natural or existing topography of land.
GROUP CARE FACILITYA facility which provides resident services to seven or more individuals of whom one or more are unrelated. These individuals are handicapped, aged or disabled, are undergoing rehabilitation and are provided services to meet their needs. The category includes but is not limited to uses such as homes for the physically handicapped, mentally retarded, chemically dependent, foster children, maternity shelters and halfway houses.
GUESTROOMA room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.
HOME OCCUPATIONSAny occupation or profession engaged in by the occupants of the dwelling or accessory building when conducted within said dwelling or accessory building or when conducted upon a parcel of land containing the dwelling unit, provided that evidence of the occupation is not visible from the street. The acts of gardening such a parcel shall be included therein, but excepted from the requirement that it not be visible from the street.
IMPERVIOUS SURFACEAn artificial or natural surface through which water, air or roots cannot penetrate.
INTERMITTENTA stream or portion of a stream that flows only in direct response to precipitation.
JUNKYARDLand or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including but not limited to scrap metal, rags, paper, hides, rubber products, glass products, lumber products, junk automobiles and products resulting from the wrecking of automobiles or other vehicles.
LAND RECLAMATIONThe process of the reestablishment of acceptable topography (i.e. slopes), vegetative cover, soil stability and conditions appropriate to the subsequent use of the land.
LOADING SPACEThat portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.
LODGING HOUSEA building, other than a hotel, where, for compensation, lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than 10 persons.
LODGING ROOMA room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
LOTLand occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the Council.
LOT AREAThe area of a horizontal plane within the lot lines.
LOT AREA PER FAMILYThe lot area required by this chapter to be provided for each family in a dwelling.
LOT, CORNERA 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 single street, the interior angle of which is 135º or less.
LOT DEPTHThe shortest horizontal distance between the front lot line and the rear lot line measured from a ninety-degree angle from the street right-of-way within the lot boundaries.
LOT FRONTAGEFor purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width.
LOT, INTERIORA lot other than a corner lot, including through lots.
LOT LINEA property boundary line of any lot held in single or separate ownership, except that, where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.
LOT OF RECORDA parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use, together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage on a street or a proposed street approved by the Council.
LOT WIDTHThe shortest horizontal distance between the side lot lines measured at right angles to the lot depth.
MEDICAL AND DENTAL CLINICA structure intended for providing medical and dental examinations and services to the public. This service is provided without overnight care available.
MOBILE HOME, INDEPENDENTA mobile home for single-family use is constructed to utilize a public water and sewer system, an external source of electric service and an external source for heating and shall be equipped with a stool, shower or tub and laundry facilities.
MOBILE HOME PARK, DEPENDENTA city-approved mobile home park with rest rooms and washing facilities as specified by the State of Minnesota.
MOTEL/MOTOR HOTELA building or group of detached, semidetached or attached buildings containing guestrooms or units, each of which has a separate entrance directly from the outside of the building or corridor, 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 transient guests traveling by automobile.
MOTOR FUEL STATIONA place for storage and retail activities related to automobile services, such as gasoline, kerosene and lubricants, and including minor accessories and services, except for major repairs and rebuilding of engines.
MUNICIPAL WATER AND SEWER SYSTEMUtility systems serving a group of buildings, a lot or an area of the city, with the design and construction of such utility systems as approved by the City Engineering Department and Public Utilities Commission.
NATURAL DRAINAGE SYSTEMAll land surface areas which, by nature of their contour configuration, collect, store and channel surface water runoff.
NATURAL OBSTRUCTIONAny rock, tree, gravel or analogous natural matter that is an obstruction and has been located within a water body, watercourse or wetland by a nonhuman cause.
NONCONFORMING STRUCTURE OR USEAny structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions of this chapter, if the structure or use was to be erected under the guidance of this chapter.
NORMAL HIGH-WATER MARKA continuous mark of reference at an elevation where land and water meet for some period of record. It is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
NURSING HOME (REST HOME)A building having accommodations where care is provided for two or more invalids, infirm, aged, convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums or similar institutions.
OFF-STREET LOADING SPACEA space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.
OPEN SALES LOTAny open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of same prior to sale.
OUTPATIENT CAREMedical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.
OVERBURDENThe earth, rock and other materials that lie above a natural deposit of mineral.
PARKING RAMPAn accessory structure designed and used for the storage of motor vehicles at, below and/or above grade.
PARKING SPACEAn area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.
PERMITTED USEA use which may be lawfully established in a particular district or districts, provided that it conforms with all requirements, regulations and performance standards (if any) of such districts.
PERSONAn individual, firm, partnership, association, corporation or organization of any kind.
PRINCIPAL USEThe main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.
PUBLIC USESUses owned or operated by school districts, municipal, county, state or other governmental units.
PUBLIC WATERS, GENERAL DEVELOPMENTThose waters whose shores are generally characterized by industrial, commercial or high-density (one dwelling unit/half acre) residential development.
PUBLIC WATERS, RECREATIONAL DEVELOPMENTThose waters whose shores are generally characterized by medium-density (one dwelling unit/acre) residential development with or without limited service-oriented commercial development.
PUBLIC WATERSAny waters of the state which serve a beneficial public purpose, not including, however, a lake, pond or flowage of less than 10 acres in size or a river or stream having a total drainage area less than two square miles. Bodies of water created by private users, where there was no previous shoreland (for a designated private use authorized by the Commissioner of Natural Resources) shall not be considered public waters and are thus exempt from the provisions of Article
XVIII of this chapter. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin 25, or its successor publication, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, official determination of size and physical limits shall be made by the Commission in cooperation with the City of Breckenridge.
[Amended 2-7-2002 by Ord. No. 440]
QUADRAMINIUMA single structure which contains four separately owned dwelling units, all of which have individually separate entrances.
RECREATION FIELD OR BUILDINGAn area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this chapter.
RESTAURANTAn establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.
ROOFLINEThe top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof.
SETBACKThe minimum horizontal distance between a building and street or lot line. Distances are to be measured from the most outwardly extended portion of the structure at ground level.
SHOPPING CENTERAn integrated grouping of commercial stores, under single ownership or control.
SLOPEThe degree of deviation of a surface from the horizontal usually expressed in percent or degrees.
STORYThat portion of a building included beneath the upper surface of a floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered a story.
STORY, HALFThat portion of a building under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story, and basements where less than 1/2 of the floor-to-ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building.
STREETA public thoroughfare 30 feet or more in right-of-way width.
STREET FRONTAGEThe proximity of a parcel of land to one or more streets. An interior lot has one street frontage, and a corner lot has two frontages.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls, column, beams or girders.
STRUCTUREAnything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.
TOWNHOUSESStructures housing three or more dwelling units of not more than two stories each and contiguous to each other only by sharing of one common wall, such structures to be of the townhouse or row-house type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight dwelling units, and each dwelling unit shall have separate and individual front and rear entrances.
UPLANDAll lands at an elevation above the normal high-water mark.
USABLE OPEN SPACEA required ground area or terrace area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation, or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space.
USEThe purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.
USED AUTO PARTSSecondhand or used automobile or other vehicle parts, provided that they are stored entirely within enclosed buildings.
[Amended 2-7-2002 by Ord. No. 440]
USED AUTO PARTS STORAGEThe processing, storage and sale of secondhand or used automobile or other vehicle parts, provided that storage is entirely within enclosed buildings.
[Added 2-7-2002 by Ord. No. 440]
VARIANCEThe waiving by the Board of Adjustments and Appeals action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
VEGETATIONThe sum total of plant life in some area; or a plant community with distinguishable characteristics.
WATER BODYA body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
WATERCOURSEA channel or depression through which water flows, such as rivers, streams or creeks, and may flow year round or intermittently.
WATERSHEDThe area drained by the natural or artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WETLANDSAs defined by the Minnesota Wetlands Act, M.S.A. § 103G.005.
[Amended 2-7-2002 by Ord. No. 440]
YARDAn open space on the lot which is occupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONTA yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building.
YARD, REARA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, REAR DEPTHThe mean horizontal distance between the rear line of the building and the center line of an alley, where an alley exists; otherwise, a rear lot line.
YARD, SIDEA yard between the side line of the lot and the nearest line of the building and extending from the lot line of the lot to the rear yard.