RULES AND DEFINITIONS
ABUTTING: | Making contact with another property. |
ACCESSORY STRUCTURE OR USE: | A building or use which, at a minimum, meets the following: (1) is subordinate to and serves an existing principal building or principal use; (2) is subordinate in area, extent, or purpose to the principal structure or use; and (3) is located on the same legal lot, parcel, or property as the principal use. Examples of accessory uses are private garages, carports, storage sheds, playhouses, and swimming pools. |
ADDITION: | A physical enlargement of an existing structure. |
AGRICULTURE: | The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. |
ALLEY: | A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principle frontage is on the street. |
ANIMAL SHELTER: | Any lot or premises, not a kennel, in which strayed or abandoned animals are cared for on a temporary basis until claimed, adopted, or euthanized. |
ANTENNA: | Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and omnidirectional antennas, such as whip antennas. |
APARTMENT: | A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single-family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. |
APPLICANT: | The owner, their agent, or person having legal control, ownership, and/or interest in land for whom the provisions of this title are being considered or reviewed. |
ASSISTED LIVING FACILITY: | A facility which offers a service or package of services pursuant to Minnesota Statutes, chapter 144G that meets the minimum requirements set forth within Minnesota Statutes, section 144G.03. These services may include assistance with self-administration of medication, assistance with daily living activities (bathing, grooming, dressing, eating, transferring, continence care, or toileting), twenty-four (24) hour access to health professionals, and other specific requirements established under law. |
BASEMENT: | Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. |
BED AND BREAKFAST: | A single-family dwelling in which four (4) or fewer transient guest rooms are rented on a nightly basis for periods of time less than a week and where at least one (1) meal is offered in connection with the provision of sleeping accommodations only. |
BOARD OF ADJUSTMENT: | The Frazee Board of Adjustment. |
BOUNDARY LINE: | Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the Official Zoning Map. |
BUFFER: | The use of land, topography, difference in elevation, space, fences, or landscape plantings to screen or partially screen a use or property from the vision of another use or property. |
BUILDING: | Any structure built for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind, and includes any structure. |
BUILDING CODE: | The Minnesota State Building Code. |
BUILDING HEIGHT: | A distance to be measured from the mean ground level to the uppermost point on all roof types. |
BUILDING OFFICIAL: | Representative of the City who has been appointed by the City Council and/or assigned the responsibility of enforcing provisions of the Minnesota State Building Code. |
BUILDING SETBACK: | The minimum horizontal distance between the building and the lot line. |
BUSINESS: | Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation. |
CAMPGROUND: | An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. |
CANNABIS BUSINESS: | A business licensed under Minnesota Statutes. chapter 342, including a cannabis microbusiness. cannabis mezzobusiness. cannabis cultivator. cannabis manufacturer. cannabis retailer, cannabis wholesaler. cannabis transporter, cannabis testing facility. cannabis event organizer. cannabis delivery service. medical cannabis cultivator, medical cannabis processor, medical cannabis retailer, and medical cannabis combination business. |
CARPORT: | A canopy supported by posts, either ornamental or solid, and completely open on one (1) or more sides. |
CEMETERY: | A site or property set apart for the burial or interment of the dead. |
CHURCH: | A place that people regularly attend to participate in or hold religious services, meetings, and other related activities. |
CITY: | City of Frazee. |
CITY CODE: | The City of Frazee's code of ordinances. |
CITY COUNCIL: | The Frazee City Council. |
CLINIC: | Any establishment where human patients are examined and treated by doctors or dentists, but not hospitalized overnight. |
CLUB OR LODGE: | A nonprofit association of persons who are bona fide members paying annual dues, with the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining space and kitchen facilities are available. |
COMMERCIAL RECREATION: | Bowling alley, cart track, jump center, golf course, billiard (pool) hall, vehicle racing or amusement, dance hall, firearms range, campgrounds, park, and similar uses. |
COMMON OPEN SPACE: | Any open space, including private parks, nature areas, playgrounds, trails, and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit. |
COMPREHENSIVE PLAN: | A general plan for land use, housing, transportation, and community facilities prepared and maintained by the Planning Commission and City Council for the municipality. |
CONDITIONAL USE: | A use, other than those permitted, which must meet certain conditions to ensure compatibility with the land uses in a zoning district before such a use may be approved and permitted by the City Council. |
CONDITIONAL USE PERMIT: | A permit issued by the City Council in accordance with procedures specified in this title, as a flexibility device to enable the City 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. |
COVENANT: | A contract entered into between an owner and the holder of a mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners. |
DAY CARE: | A residence or facility licensed by the Department of Human Services under Minnesota Administrative Rules, chapter 9502 and Minnesota Statutes, chapter 245A in which children/adults receive care, maintenance, and supervision for less than twenty-four (24) hours per day. Minnesota Rules, chapter 9502 is inclusive of family day care (subp. 11) and group family day care (subp. 13), and Minnesota Statutes, chapter 245A is inclusive of adult day care or family adult care services (subd. 2A). |
DWELLING: | A building or portion thereof, designated exclusively for residential occupancy, including single-family, two-family, twin home, townhome, and multiple-family dwellings, but not including hotels, motels, or boarding houses. A. DWELLING, SINGLE-FAMILY: A dwelling designed for or occupied by one (1) family only. B. DWELLING, TWO-FAMILY: A dwelling designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. This would include single-family homes with an apartment. A two-family dwelling with a rooming unit(s) shall be considered and classified as a multiple-family dwelling. |
C. DWELLING, TWIN HOME: A single-family dwelling unit constructed in a group of two (2) in which each unit extends from the foundation to the roof and having open space on three (3) sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. D. DWELLING, TOWNHOME: A dwelling consisting of three (3) or more dwelling units of not more than two (2) stories each and contiguous to each other only by the sharing of one (1) common wall; such structures to be of the town or row houses type, as contrasted to multiple dwelling apartments. No single dwelling shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and individual front and rear entrances. E. DWELLING, MULTIPLE-FAMILY: A dwelling designed for or occupied by three (3) or more families living independently of each other, with separate housekeeping and cooking facilities for each dwelling unit. | |
DWELLING UNIT: | A residential building or portion thereof intended for occupancy by one (1) or more persons with facilities for living, sleeping, cooking, and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes, or trailers. |
EASEMENT: | A grant by an owner of land for a specific use by persons other than the owner. |
EROSION: | The wearing away of land surface by the action of natural elements. |
ESSENTIAL SERVICE: | The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead communication, gas, electrical, steam or water transmission, or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the health, safety, and/or general welfare of the public. |
ESSENTIAL SERVICE STRUCTURES: | Structures and buildings necessary for the operation of essential services, including, but not limited to, telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, and lift stations. |
EXTERIOR STORAGE: | The storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building. |
FAMILY: | An individual or two (2) or more persons related by blood, marriage, adoption, or a group of not more than four (4) persons who need not be related by blood or marriage living together in a dwelling unit. |
FARM: | An unplatted tract of land having one (1) quarter-quarter section containing ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of approximately ten (10) acres, measured from the centerline of abutting roads, for purposes of residential density usually with a house and barn and other buildings, on which crops and often livestock are raised for a source of livelihood. |
FARM; HOBBY: | An unplatted tract of land generally consisting of ten (10) or less acres in size with a house and accessory structures, on which crops and often livestock are raised, but not as a principal source of income. A hobby farm shall not qualify for exemptions provided in this title for farms. |
FARMING: | Process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and keeping of common domestic farm animals. |
FENCE: | A fence is defined for the purpose of this title as any partition, structure, wall, or gate erected as a dividing mark, barrier, or enclosure. |
FLOOR AREA, GROSS: | The sum of the gross horizontal area of all the floors of a building utilized for principal and accessory uses. |
GARAGE, PRIVATE: | An accessory structure situated on the same lot as the principal structure, and designed for the private storage of motor vehicles owned by the occupant of the principal structure. No facilities for mechanical service or repair of a commercial or public nature are provided in the private garage. Such garage may be attached to the principal structure or detached from the principal structure. When a private garage is attached to a principal structure, it shall be considered part of the principal structure for setback and yard purposes. |
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 (5) feet from the building, between the building and the line five (5) feet from the building. |
HOME OCCUPATION: | Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. |
HOTEL: | Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guest rooms, used, designated, or intended to be used, let, or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly. |
IMPERVIOUS SURFACE: | An artificial or natural surface through which water, air, or roots cannot penetrate. |
INTERIM USE: | A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit. |
KENNEL: | An establishment licensed to operate a facility housing dogs, cats, or other household pets, and where grooming, breeding, boarding, training, or selling of animals is conducted as a business or commercial use. |
KENNEL, PRIVATE: | Any accessory use arranged for the care and sheltering of household pets belonging to the owner of the property on which the kennel is located. |
LOADING SPACE: | A 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 parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area; and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street. |
LOT AREA: | The total horizontal area within the lot lines, exclusive of any portion of the right-of-way of any public roadway. |
LOT COVERAGE: | The area of the lot covered by impervious surface. |
LOT DEPTH: | The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries. |
LOT LINE: | The property line bounding a lot, except where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line. A. FRONT LOT LINE: That boundary of a lot which abuts an existing or dedicated public street. 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 line shall be designated by the owner and filed with the Zoning Administrator. B. LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line of ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line. C. LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or rear lot line. |
LOT WIDTH: | The distance between the side lot lines, measured along the setback line as established by this title, or if no setback line is established, the distance between the side lot lines along the measured street line. |
MANUFACTURED HOME: | Applies to either: A. A factory-built single-family structure built and transported in sections to a permanent site and not intended for additional transportation once it has been placed on a permanent site. B. A transportable, factory-built home, designed to be used as a year around residential dwelling. Such structure has wheels or axles permanently attached to its frame. Such structures built prior to June 15, 1976 (Federal Manufactured Home Construction and Safety Standards), are referred to as mobile homes. |
MANUFACTURED HOME LOT: | A section of ground in a manufactured home park designated as the location of one (1) housing unit, and all other necessary improvements required by this title. |
MANUFACTURED HOME PARK: | Any park, court, lot, parcel, or tract of land, designed, improved, maintained, or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the manufactured home park or not. Also referred to as mobile home park or trailer park. |
MOBILE HOME: | A transportable, factory built home built prior to June 15, 1976 (Federal Manufactured Home Construction and Safety Standards), and designed to be used as a year around residential dwelling. Such structure has wheels or axles permanently attached to its frame. |
MOTEL/MOTOR HOTEL: | A building or group of detached, semi-detached, or attached buildings containing guest rooms 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 next to each unit, and used or intended to be used primarily for the accommodation of transient guests traveling by automobile. |
NONCONFORMING STRUCTURE, USE, OR LOT; ILLEGAL: | A building, structure, premise, lot, or use unlawfully established and in violation of regulations applicable at the time of development or initiation. |
NONCONFORMING STRUCTURE, USE, OR LOT; LEGAL: | A building, structure, premise, lot, or use lawfully established prior to the adoption of this title, or any amendment thereto, which does not now conform with the applicable conditions or provisions of this title for the zoning district in which the structure or use is located. |
NURSERY, LANDSCAPE: | A business growing and selling trees, flowering and decorative plants, and shrubs. |
OCCUPANCY: | The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. |
OFFICIAL ZONING MAP: | The map incorporated into this title by reference as part hereof, designating the zoning districts. |
OPEN SPACE: | Any open area not covered by structures, but not limited to, the following uses: required or established yard areas, parking areas, sidewalks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development. |
OWNER: | An individual, association, syndicate, partnership, corporation, trust, or any other legal ownership interest in land, buildings, structures, dwelling units, or other property. |
PARCEL: | An individual lot or tract of land. |
PARKING SPACE, OFF-STREET: | An off-street parking space. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. |
PARTY WALL: | A common wall which divides two (2) independent structures by a fire wall. |
PERFORMANCE STANDARD: | Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory structures, outside storage, and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or other nuisance elements generated by or inherent in uses of land or buildings. |
PERMITTED USE: | A use which may be lawfully established in a particular zoning district, provided it conforms with all requirements, regulations, and performance standards (if any) of such district. |
PERSON: | Any individual or legal entity. |
PLANNING COMMISSION: | The Frazee Planning Commission. |
PRINCIPAL STRUCTURE: | The structure in which the principal use of the lot on which the structure is located is conducted. |
PRINCIPAL USE: | The main use of land or buildings, as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. |
PUBLIC: | Pertaining to a municipality, school district, county, state, or other governmental unit. |
PUBLIC USE: | A use owned or operated by a municipality, school district, county, state, or other governmental unit. |
PUBLICATION: | Notice placed in the City's official newspaper. |
RECREATIONAL VEHICLE: | Motorized and non-motorized vehicles primarily used for temporary living quarters during recreational activities, including, but not limited to, motor homes, campers, tent trailers, travel trailers, and tiny houses. |
RESTAURANT: | An establishment which serves food to be consumed primarily while seated at tables or booths within the building. |
RETAIL: | The sale of items directly to the consumer. |
SCHOOL: | A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. |
SETBACK: | The minimum horizontal distances between a structure and the property line nearest thereto. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided herein after. |
SHOPPING CENTER: | An integrated grouping of commercial stores under single ownership or control. |
SIGN: | Any letter, word, symbol, device, poster, picture, statuary, reading matter of representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, pasted, printed, affixed, or constructed, which is displayed outdoors for informational purposes. It shall include, but not be limited to, the following types and purposes of signs: advertising, area identification, business, directional, flashing, free-standing, illuminated, institutional, nameplate, pylon, rotating, swinging, temporary, portable, and traffic control. |
SITE PLAN: | A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, utilities, landscaping, and walkways, as related to a proposed development. |
STORY: | That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two (2) successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. |
STREET: | A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court, or otherwise designated, which has been dedicated to the public for public use and which affords principal means of access to abutting property. |
STRUCTURAL ALTERATION: | Any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a structure, such as bearing walls, columns, beams, girders, or foundations. |
STRUCTURE: | Anything which is built, constructed, or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures including buildings, manufactured homes, walls, fences, towers, antennas, swimming pools, billboards, and poster panels. |
SUBDIVISION ORDINANCE: | The Frazee Subdivision Ordinance. |
SURVEYOR: | A land surveyor registered under Minnesota State laws. |
SWIMMING POOL: | A structure designed to be used for swimming. |
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, and shall include the performance of such activity, as defined by the performance standards of this title. |
VARIANCE: | The adjustment by the City Council of the literal provisions of this title in cases where the literal provisions would cause undue hardship because of physical circumstances unique to an individual property. Variances shall be limited to height, bulk, density, and yard requirements. |
VEHICLE SALES AND RENTALS: | An establishment engaged in the display, sale, leasing, or rental of new or used vehicles. Vehicles include, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, personal watercraft, utility trailers, all-terrain vehicles, and mobile/manufactured homes. |
VETERINARY CLINIC: | The uses concerned with the diagnosis, treatment, and care of animals, including animal or pet hospitals. |
WAREHOUSING: | The storage of materials or equipment within an enclosed building. |
WETLAND: | "Wetland" has the meaning given under Minnesota Rules, part 8420.0111. |
YARD: | An open space on the same lot with a building or structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. A. FRONT YARD: The space extending between side lot lines from the front property line and the building setback line. B. REAR YARD: A space extending between the rear line of the principal structure and the rear line of the lot and extending the full width of the lot. C. SIDE YARD: A space between the building and the side line of the lot and extending from the lot line to the rear yard. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one (1) side yard, adjacent to the interior lot. In the case of the corner lots with reversed frontage, the yards remaining after the full and half depth front yards have been established shall be considered to be side yards. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established. |
ZONING ADMINISTRATOR: | The duly appointed officer charged with the administration and enforcement of this title. |
ZONING AMENDMENT: | A change authorized by the City either in the allowed use within a zoning district or in the boundaries of the district. |
ZONING DISTRICT: | An area or areas of the City, as delineated on the Official Zoning Map, set aside for specific uses with specific regulations and provisions for use and development, as defined by this title. (Ord. 156, 6-13-2020; amd. Ord. 164, 12-19-2022; Ord. 175, 8-14-2024) |
RULES AND DEFINITIONS
ABUTTING: | Making contact with another property. |
ACCESSORY STRUCTURE OR USE: | A building or use which, at a minimum, meets the following: (1) is subordinate to and serves an existing principal building or principal use; (2) is subordinate in area, extent, or purpose to the principal structure or use; and (3) is located on the same legal lot, parcel, or property as the principal use. Examples of accessory uses are private garages, carports, storage sheds, playhouses, and swimming pools. |
ADDITION: | A physical enlargement of an existing structure. |
AGRICULTURE: | The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. |
ALLEY: | A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principle frontage is on the street. |
ANIMAL SHELTER: | Any lot or premises, not a kennel, in which strayed or abandoned animals are cared for on a temporary basis until claimed, adopted, or euthanized. |
ANTENNA: | Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and omnidirectional antennas, such as whip antennas. |
APARTMENT: | A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single-family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. |
APPLICANT: | The owner, their agent, or person having legal control, ownership, and/or interest in land for whom the provisions of this title are being considered or reviewed. |
ASSISTED LIVING FACILITY: | A facility which offers a service or package of services pursuant to Minnesota Statutes, chapter 144G that meets the minimum requirements set forth within Minnesota Statutes, section 144G.03. These services may include assistance with self-administration of medication, assistance with daily living activities (bathing, grooming, dressing, eating, transferring, continence care, or toileting), twenty-four (24) hour access to health professionals, and other specific requirements established under law. |
BASEMENT: | Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. |
BED AND BREAKFAST: | A single-family dwelling in which four (4) or fewer transient guest rooms are rented on a nightly basis for periods of time less than a week and where at least one (1) meal is offered in connection with the provision of sleeping accommodations only. |
BOARD OF ADJUSTMENT: | The Frazee Board of Adjustment. |
BOUNDARY LINE: | Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the Official Zoning Map. |
BUFFER: | The use of land, topography, difference in elevation, space, fences, or landscape plantings to screen or partially screen a use or property from the vision of another use or property. |
BUILDING: | Any structure built for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind, and includes any structure. |
BUILDING CODE: | The Minnesota State Building Code. |
BUILDING HEIGHT: | A distance to be measured from the mean ground level to the uppermost point on all roof types. |
BUILDING OFFICIAL: | Representative of the City who has been appointed by the City Council and/or assigned the responsibility of enforcing provisions of the Minnesota State Building Code. |
BUILDING SETBACK: | The minimum horizontal distance between the building and the lot line. |
BUSINESS: | Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation. |
CAMPGROUND: | An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. |
CANNABIS BUSINESS: | A business licensed under Minnesota Statutes. chapter 342, including a cannabis microbusiness. cannabis mezzobusiness. cannabis cultivator. cannabis manufacturer. cannabis retailer, cannabis wholesaler. cannabis transporter, cannabis testing facility. cannabis event organizer. cannabis delivery service. medical cannabis cultivator, medical cannabis processor, medical cannabis retailer, and medical cannabis combination business. |
CARPORT: | A canopy supported by posts, either ornamental or solid, and completely open on one (1) or more sides. |
CEMETERY: | A site or property set apart for the burial or interment of the dead. |
CHURCH: | A place that people regularly attend to participate in or hold religious services, meetings, and other related activities. |
CITY: | City of Frazee. |
CITY CODE: | The City of Frazee's code of ordinances. |
CITY COUNCIL: | The Frazee City Council. |
CLINIC: | Any establishment where human patients are examined and treated by doctors or dentists, but not hospitalized overnight. |
CLUB OR LODGE: | A nonprofit association of persons who are bona fide members paying annual dues, with the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining space and kitchen facilities are available. |
COMMERCIAL RECREATION: | Bowling alley, cart track, jump center, golf course, billiard (pool) hall, vehicle racing or amusement, dance hall, firearms range, campgrounds, park, and similar uses. |
COMMON OPEN SPACE: | Any open space, including private parks, nature areas, playgrounds, trails, and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit. |
COMPREHENSIVE PLAN: | A general plan for land use, housing, transportation, and community facilities prepared and maintained by the Planning Commission and City Council for the municipality. |
CONDITIONAL USE: | A use, other than those permitted, which must meet certain conditions to ensure compatibility with the land uses in a zoning district before such a use may be approved and permitted by the City Council. |
CONDITIONAL USE PERMIT: | A permit issued by the City Council in accordance with procedures specified in this title, as a flexibility device to enable the City 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. |
COVENANT: | A contract entered into between an owner and the holder of a mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners. |
DAY CARE: | A residence or facility licensed by the Department of Human Services under Minnesota Administrative Rules, chapter 9502 and Minnesota Statutes, chapter 245A in which children/adults receive care, maintenance, and supervision for less than twenty-four (24) hours per day. Minnesota Rules, chapter 9502 is inclusive of family day care (subp. 11) and group family day care (subp. 13), and Minnesota Statutes, chapter 245A is inclusive of adult day care or family adult care services (subd. 2A). |
DWELLING: | A building or portion thereof, designated exclusively for residential occupancy, including single-family, two-family, twin home, townhome, and multiple-family dwellings, but not including hotels, motels, or boarding houses. A. DWELLING, SINGLE-FAMILY: A dwelling designed for or occupied by one (1) family only. B. DWELLING, TWO-FAMILY: A dwelling designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. This would include single-family homes with an apartment. A two-family dwelling with a rooming unit(s) shall be considered and classified as a multiple-family dwelling. |
C. DWELLING, TWIN HOME: A single-family dwelling unit constructed in a group of two (2) in which each unit extends from the foundation to the roof and having open space on three (3) sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. D. DWELLING, TOWNHOME: A dwelling consisting of three (3) or more dwelling units of not more than two (2) stories each and contiguous to each other only by the sharing of one (1) common wall; such structures to be of the town or row houses type, as contrasted to multiple dwelling apartments. No single dwelling shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and individual front and rear entrances. E. DWELLING, MULTIPLE-FAMILY: A dwelling designed for or occupied by three (3) or more families living independently of each other, with separate housekeeping and cooking facilities for each dwelling unit. | |
DWELLING UNIT: | A residential building or portion thereof intended for occupancy by one (1) or more persons with facilities for living, sleeping, cooking, and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes, or trailers. |
EASEMENT: | A grant by an owner of land for a specific use by persons other than the owner. |
EROSION: | The wearing away of land surface by the action of natural elements. |
ESSENTIAL SERVICE: | The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead communication, gas, electrical, steam or water transmission, or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the health, safety, and/or general welfare of the public. |
ESSENTIAL SERVICE STRUCTURES: | Structures and buildings necessary for the operation of essential services, including, but not limited to, telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, and lift stations. |
EXTERIOR STORAGE: | The storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building. |
FAMILY: | An individual or two (2) or more persons related by blood, marriage, adoption, or a group of not more than four (4) persons who need not be related by blood or marriage living together in a dwelling unit. |
FARM: | An unplatted tract of land having one (1) quarter-quarter section containing ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of approximately ten (10) acres, measured from the centerline of abutting roads, for purposes of residential density usually with a house and barn and other buildings, on which crops and often livestock are raised for a source of livelihood. |
FARM; HOBBY: | An unplatted tract of land generally consisting of ten (10) or less acres in size with a house and accessory structures, on which crops and often livestock are raised, but not as a principal source of income. A hobby farm shall not qualify for exemptions provided in this title for farms. |
FARMING: | Process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and keeping of common domestic farm animals. |
FENCE: | A fence is defined for the purpose of this title as any partition, structure, wall, or gate erected as a dividing mark, barrier, or enclosure. |
FLOOR AREA, GROSS: | The sum of the gross horizontal area of all the floors of a building utilized for principal and accessory uses. |
GARAGE, PRIVATE: | An accessory structure situated on the same lot as the principal structure, and designed for the private storage of motor vehicles owned by the occupant of the principal structure. No facilities for mechanical service or repair of a commercial or public nature are provided in the private garage. Such garage may be attached to the principal structure or detached from the principal structure. When a private garage is attached to a principal structure, it shall be considered part of the principal structure for setback and yard purposes. |
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 (5) feet from the building, between the building and the line five (5) feet from the building. |
HOME OCCUPATION: | Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. |
HOTEL: | Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guest rooms, used, designated, or intended to be used, let, or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly. |
IMPERVIOUS SURFACE: | An artificial or natural surface through which water, air, or roots cannot penetrate. |
INTERIM USE: | A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit. |
KENNEL: | An establishment licensed to operate a facility housing dogs, cats, or other household pets, and where grooming, breeding, boarding, training, or selling of animals is conducted as a business or commercial use. |
KENNEL, PRIVATE: | Any accessory use arranged for the care and sheltering of household pets belonging to the owner of the property on which the kennel is located. |
LOADING SPACE: | A 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 parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area; and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street. |
LOT AREA: | The total horizontal area within the lot lines, exclusive of any portion of the right-of-way of any public roadway. |
LOT COVERAGE: | The area of the lot covered by impervious surface. |
LOT DEPTH: | The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries. |
LOT LINE: | The property line bounding a lot, except where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line. A. FRONT LOT LINE: That boundary of a lot which abuts an existing or dedicated public street. 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 line shall be designated by the owner and filed with the Zoning Administrator. B. LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line of ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line. C. LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or rear lot line. |
LOT WIDTH: | The distance between the side lot lines, measured along the setback line as established by this title, or if no setback line is established, the distance between the side lot lines along the measured street line. |
MANUFACTURED HOME: | Applies to either: A. A factory-built single-family structure built and transported in sections to a permanent site and not intended for additional transportation once it has been placed on a permanent site. B. A transportable, factory-built home, designed to be used as a year around residential dwelling. Such structure has wheels or axles permanently attached to its frame. Such structures built prior to June 15, 1976 (Federal Manufactured Home Construction and Safety Standards), are referred to as mobile homes. |
MANUFACTURED HOME LOT: | A section of ground in a manufactured home park designated as the location of one (1) housing unit, and all other necessary improvements required by this title. |
MANUFACTURED HOME PARK: | Any park, court, lot, parcel, or tract of land, designed, improved, maintained, or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the manufactured home park or not. Also referred to as mobile home park or trailer park. |
MOBILE HOME: | A transportable, factory built home built prior to June 15, 1976 (Federal Manufactured Home Construction and Safety Standards), and designed to be used as a year around residential dwelling. Such structure has wheels or axles permanently attached to its frame. |
MOTEL/MOTOR HOTEL: | A building or group of detached, semi-detached, or attached buildings containing guest rooms 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 next to each unit, and used or intended to be used primarily for the accommodation of transient guests traveling by automobile. |
NONCONFORMING STRUCTURE, USE, OR LOT; ILLEGAL: | A building, structure, premise, lot, or use unlawfully established and in violation of regulations applicable at the time of development or initiation. |
NONCONFORMING STRUCTURE, USE, OR LOT; LEGAL: | A building, structure, premise, lot, or use lawfully established prior to the adoption of this title, or any amendment thereto, which does not now conform with the applicable conditions or provisions of this title for the zoning district in which the structure or use is located. |
NURSERY, LANDSCAPE: | A business growing and selling trees, flowering and decorative plants, and shrubs. |
OCCUPANCY: | The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. |
OFFICIAL ZONING MAP: | The map incorporated into this title by reference as part hereof, designating the zoning districts. |
OPEN SPACE: | Any open area not covered by structures, but not limited to, the following uses: required or established yard areas, parking areas, sidewalks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development. |
OWNER: | An individual, association, syndicate, partnership, corporation, trust, or any other legal ownership interest in land, buildings, structures, dwelling units, or other property. |
PARCEL: | An individual lot or tract of land. |
PARKING SPACE, OFF-STREET: | An off-street parking space. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. |
PARTY WALL: | A common wall which divides two (2) independent structures by a fire wall. |
PERFORMANCE STANDARD: | Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory structures, outside storage, and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or other nuisance elements generated by or inherent in uses of land or buildings. |
PERMITTED USE: | A use which may be lawfully established in a particular zoning district, provided it conforms with all requirements, regulations, and performance standards (if any) of such district. |
PERSON: | Any individual or legal entity. |
PLANNING COMMISSION: | The Frazee Planning Commission. |
PRINCIPAL STRUCTURE: | The structure in which the principal use of the lot on which the structure is located is conducted. |
PRINCIPAL USE: | The main use of land or buildings, as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. |
PUBLIC: | Pertaining to a municipality, school district, county, state, or other governmental unit. |
PUBLIC USE: | A use owned or operated by a municipality, school district, county, state, or other governmental unit. |
PUBLICATION: | Notice placed in the City's official newspaper. |
RECREATIONAL VEHICLE: | Motorized and non-motorized vehicles primarily used for temporary living quarters during recreational activities, including, but not limited to, motor homes, campers, tent trailers, travel trailers, and tiny houses. |
RESTAURANT: | An establishment which serves food to be consumed primarily while seated at tables or booths within the building. |
RETAIL: | The sale of items directly to the consumer. |
SCHOOL: | A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. |
SETBACK: | The minimum horizontal distances between a structure and the property line nearest thereto. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided herein after. |
SHOPPING CENTER: | An integrated grouping of commercial stores under single ownership or control. |
SIGN: | Any letter, word, symbol, device, poster, picture, statuary, reading matter of representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, pasted, printed, affixed, or constructed, which is displayed outdoors for informational purposes. It shall include, but not be limited to, the following types and purposes of signs: advertising, area identification, business, directional, flashing, free-standing, illuminated, institutional, nameplate, pylon, rotating, swinging, temporary, portable, and traffic control. |
SITE PLAN: | A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, utilities, landscaping, and walkways, as related to a proposed development. |
STORY: | That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two (2) successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. |
STREET: | A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court, or otherwise designated, which has been dedicated to the public for public use and which affords principal means of access to abutting property. |
STRUCTURAL ALTERATION: | Any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a structure, such as bearing walls, columns, beams, girders, or foundations. |
STRUCTURE: | Anything which is built, constructed, or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures including buildings, manufactured homes, walls, fences, towers, antennas, swimming pools, billboards, and poster panels. |
SUBDIVISION ORDINANCE: | The Frazee Subdivision Ordinance. |
SURVEYOR: | A land surveyor registered under Minnesota State laws. |
SWIMMING POOL: | A structure designed to be used for swimming. |
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, and shall include the performance of such activity, as defined by the performance standards of this title. |
VARIANCE: | The adjustment by the City Council of the literal provisions of this title in cases where the literal provisions would cause undue hardship because of physical circumstances unique to an individual property. Variances shall be limited to height, bulk, density, and yard requirements. |
VEHICLE SALES AND RENTALS: | An establishment engaged in the display, sale, leasing, or rental of new or used vehicles. Vehicles include, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, personal watercraft, utility trailers, all-terrain vehicles, and mobile/manufactured homes. |
VETERINARY CLINIC: | The uses concerned with the diagnosis, treatment, and care of animals, including animal or pet hospitals. |
WAREHOUSING: | The storage of materials or equipment within an enclosed building. |
WETLAND: | "Wetland" has the meaning given under Minnesota Rules, part 8420.0111. |
YARD: | An open space on the same lot with a building or structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. A. FRONT YARD: The space extending between side lot lines from the front property line and the building setback line. B. REAR YARD: A space extending between the rear line of the principal structure and the rear line of the lot and extending the full width of the lot. C. SIDE YARD: A space between the building and the side line of the lot and extending from the lot line to the rear yard. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one (1) side yard, adjacent to the interior lot. In the case of the corner lots with reversed frontage, the yards remaining after the full and half depth front yards have been established shall be considered to be side yards. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established. |
ZONING ADMINISTRATOR: | The duly appointed officer charged with the administration and enforcement of this title. |
ZONING AMENDMENT: | A change authorized by the City either in the allowed use within a zoning district or in the boundaries of the district. |
ZONING DISTRICT: | An area or areas of the City, as delineated on the Official Zoning Map, set aside for specific uses with specific regulations and provisions for use and development, as defined by this title. (Ord. 156, 6-13-2020; amd. Ord. 164, 12-19-2022; Ord. 175, 8-14-2024) |