Definitions.
The following terms, as used in this chapter, shall have the meanings stated:
Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of structure.
Boathouse: A structure used solely for the storage of boats or boating equipment.
Conditional use: A land use or development which would not be appropriate generally or without restriction throughout the zone district but which, if controlled as to number, area, size, location, or relation to neighborhood, and as to compatibility with official town plans, would not be injurious to the public health, safety, convenience, morals, order, comfort, appearance, prosperity or general welfare.
Crowding potential: The ratio of total acreage of a water body to shore miles.
Dwelling, mobile home: Manufactured transportable housing designed with undercarriage wheels and towing device, and intended for occupancy as a complete year-round, single-family dwelling unit upon arrival and placement on a site, with or without a permanent foundation designed to support such transportable unit. For purposes of this chapter, the term shall include all such transportable housing 29 feet or more in length, 16 feet or less in width, and 5,000 pounds or more in weight, containing the same water supply, waste disposal and electrical convenience as immobile housing. The term shall include transportable housing subject to tax or registration as required under the provisions of M.S.A. Ch. 168 or Ch. 273.
Dwelling, modular home: A single-family dwelling suitable for year-round occupancy, which consists of more than one module either partially or wholly factory-fabricated and containing a framework which does not contain wheels or towing tongue. When transported to a building site, it will be placed on a permanent foundation so as to be substantially affixed to the site and connected to a water supply, waste disposal system and electrical supply, thereby making it immobile housing.
Dwelling, multiple-family: A residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities, for each.
Dwelling, single-family: A detached residence designed for or occupied by one family only.
Dwelling, two-family: A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
Family: One or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over five members. Domestic servants shall be exempt from this limitation.
Height, building: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Home occupation: A use of nonresidential nature conducted entirely within the dwelling or accessory buildings and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes. No article may be sold or offered for sale except as may be produced on the premises by members of the immediate family residing therein. Home occupations shall be limited to catering service, dressmaking, carpenter and cabinet making shop, home bakery, furniture repairing, upholstery shop, real estate office, individual doctor's consultation office and other restricted business, service or profession which, in the opinion of the planning commission, is of the same general character as the uses enumerated and designed so as not to change the character of the immediate neighborhood.
Lot: Includes the words "plot" or "parcel".
Lot: For zoning purposes, as covered by this chapter, a lot is a parcel 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, and provides that in no case of division or continuation shall any residential lot or parcel be created which does not meet the requirements of this chapter.
Lot frontage: The front of a lot shall be construed to be the edge nearest to the street. In the case of a corner lot, the front of the lot shall be considered to be that edge of the least dimension that abuts a street. On a lot abutting two streets at opposite ends of the lot, both edges shall be considered front yards for the purposes of minimum requirements of yards in section 11-5.
Lot of record: A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Mobile home park: A plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes, are located.
Ordinary high water mark: 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.
Parking space, off-street: An off-street parking space shall comprise not less than 180 square feet of parking stall plus necessary maneuvering 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. Maneuvering shall not be required for one- and two-family dwellings.
Planned unit development: A housing development of five or more units on a least three contiguous acres of land where in the dimensional requirements for the placement of the units on individual lots are relaxed for the grouping or clustering of the dwelling units.
Public waters: Any waters of the State which serve a beneficial public purpose, as defined in M.S.A. 1976, § 105.37, Subd. 6. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt from the provisions of these regulations. 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' Bulletin 25. 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 commissioner of natural resources in cooperation with the city.
Shoreland: Land located within the following distances from public waters: 300 feet from the ordinary high water mark of a river or stream or the landward extent of a flood plain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the city.
Shorelands setback: The minimum horizontal distance between a structure or sanitary facility and the ordinary high water mark or between a structure or sanitary facility and a road, highway, or property line.
Sign: Any device designed to inform, or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:
(1)
Flags and insignias of any government except when displayed in connection with commercial promotion;
(2)
Legal notices; identification, information, or directional signs erected or required by governmental bodies;
(3)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights;
(4)
Signs directing and guiding traffic and parking on private property, but hearing no advertising matter.
Sign, off-site: A sign other than an on-site sign.
Sign, on-site: A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
Signs, number and surface area: For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
Storage yard, junk or salvage yard: Any land 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, rubber products, glass products, plastic products, lumber products, and products resulting from the wrecking of automobiles of other machinery. For the purposes of this ordinance, any storage of two or more motor vehicles not carrying current license plates shall also be considered a storage yard. All such uses enumerated above and any others which are objectionable to adjacent property owners because of unsanitary conditions, odor, breeding of flies or vermin, or general nuisance or are otherwise considered, not in the interest of general health, welfare and safety, shall be considered storage, junk, or salvage yards.
Structure: Anything more than 30 inches high placed, constructed, or erected with a fixed location on the ground, including portable buildings, mobile homes, signs, tennis courts, swimming pools, etc., except that fences, utility poles, lawn lights, antennae and related minor equipment shall not be considered structures.
Twin homes: Two-family dwelling with a zero lot line on one side which shares a party wall governed by a party wall agreement in with each dwelling having a separate water service and each dwelling meets all other minimum requirements for a single-family dwelling except for the interior side yard requirement.
Used or occupied: Include the words "intended", "designed", or "arranged to be used or occupied".
Yard: An open space between a building and any lot line unobstructed by any structure.
Yard, front: A yard extending across the entire front of the lot and measured between the front line of the lot and front line of the building, or any projection thereof other than steps, balconies, paved terraces, porches or bay windows.
Yard, rear: A yard extending across the entire rear of a lot and measured between the rear lot line and the rear of the building or any projection thereof other than steps, balconies, paved terraces, porches, or bay windows.
Yard, side: A yard between the building on the side line of the lot extending from the front yard to the rear yard and measured between the sideline of the lot and the side of the building, or any projections thereof other than steps, balconies, paved terraces, porches or bay windows.
(Ord. No. 9.26, eff. 12-15-79; Ord. No. 15, 2nd series; eff. 7-28-81)
Definitions.
The following terms, as used in this chapter, shall have the meanings stated:
Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of structure.
Boathouse: A structure used solely for the storage of boats or boating equipment.
Conditional use: A land use or development which would not be appropriate generally or without restriction throughout the zone district but which, if controlled as to number, area, size, location, or relation to neighborhood, and as to compatibility with official town plans, would not be injurious to the public health, safety, convenience, morals, order, comfort, appearance, prosperity or general welfare.
Crowding potential: The ratio of total acreage of a water body to shore miles.
Dwelling, mobile home: Manufactured transportable housing designed with undercarriage wheels and towing device, and intended for occupancy as a complete year-round, single-family dwelling unit upon arrival and placement on a site, with or without a permanent foundation designed to support such transportable unit. For purposes of this chapter, the term shall include all such transportable housing 29 feet or more in length, 16 feet or less in width, and 5,000 pounds or more in weight, containing the same water supply, waste disposal and electrical convenience as immobile housing. The term shall include transportable housing subject to tax or registration as required under the provisions of M.S.A. Ch. 168 or Ch. 273.
Dwelling, modular home: A single-family dwelling suitable for year-round occupancy, which consists of more than one module either partially or wholly factory-fabricated and containing a framework which does not contain wheels or towing tongue. When transported to a building site, it will be placed on a permanent foundation so as to be substantially affixed to the site and connected to a water supply, waste disposal system and electrical supply, thereby making it immobile housing.
Dwelling, multiple-family: A residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities, for each.
Dwelling, single-family: A detached residence designed for or occupied by one family only.
Dwelling, two-family: A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
Family: One or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over five members. Domestic servants shall be exempt from this limitation.
Height, building: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Home occupation: A use of nonresidential nature conducted entirely within the dwelling or accessory buildings and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes. No article may be sold or offered for sale except as may be produced on the premises by members of the immediate family residing therein. Home occupations shall be limited to catering service, dressmaking, carpenter and cabinet making shop, home bakery, furniture repairing, upholstery shop, real estate office, individual doctor's consultation office and other restricted business, service or profession which, in the opinion of the planning commission, is of the same general character as the uses enumerated and designed so as not to change the character of the immediate neighborhood.
Lot: Includes the words "plot" or "parcel".
Lot: For zoning purposes, as covered by this chapter, a lot is a parcel 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, and provides that in no case of division or continuation shall any residential lot or parcel be created which does not meet the requirements of this chapter.
Lot frontage: The front of a lot shall be construed to be the edge nearest to the street. In the case of a corner lot, the front of the lot shall be considered to be that edge of the least dimension that abuts a street. On a lot abutting two streets at opposite ends of the lot, both edges shall be considered front yards for the purposes of minimum requirements of yards in section 11-5.
Lot of record: A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Mobile home park: A plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes, are located.
Ordinary high water mark: 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.
Parking space, off-street: An off-street parking space shall comprise not less than 180 square feet of parking stall plus necessary maneuvering 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. Maneuvering shall not be required for one- and two-family dwellings.
Planned unit development: A housing development of five or more units on a least three contiguous acres of land where in the dimensional requirements for the placement of the units on individual lots are relaxed for the grouping or clustering of the dwelling units.
Public waters: Any waters of the State which serve a beneficial public purpose, as defined in M.S.A. 1976, § 105.37, Subd. 6. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt from the provisions of these regulations. 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' Bulletin 25. 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 commissioner of natural resources in cooperation with the city.
Shoreland: Land located within the following distances from public waters: 300 feet from the ordinary high water mark of a river or stream or the landward extent of a flood plain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the city.
Shorelands setback: The minimum horizontal distance between a structure or sanitary facility and the ordinary high water mark or between a structure or sanitary facility and a road, highway, or property line.
Sign: Any device designed to inform, or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:
(1)
Flags and insignias of any government except when displayed in connection with commercial promotion;
(2)
Legal notices; identification, information, or directional signs erected or required by governmental bodies;
(3)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights;
(4)
Signs directing and guiding traffic and parking on private property, but hearing no advertising matter.
Sign, off-site: A sign other than an on-site sign.
Sign, on-site: A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
Signs, number and surface area: For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
Storage yard, junk or salvage yard: Any land 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, rubber products, glass products, plastic products, lumber products, and products resulting from the wrecking of automobiles of other machinery. For the purposes of this ordinance, any storage of two or more motor vehicles not carrying current license plates shall also be considered a storage yard. All such uses enumerated above and any others which are objectionable to adjacent property owners because of unsanitary conditions, odor, breeding of flies or vermin, or general nuisance or are otherwise considered, not in the interest of general health, welfare and safety, shall be considered storage, junk, or salvage yards.
Structure: Anything more than 30 inches high placed, constructed, or erected with a fixed location on the ground, including portable buildings, mobile homes, signs, tennis courts, swimming pools, etc., except that fences, utility poles, lawn lights, antennae and related minor equipment shall not be considered structures.
Twin homes: Two-family dwelling with a zero lot line on one side which shares a party wall governed by a party wall agreement in with each dwelling having a separate water service and each dwelling meets all other minimum requirements for a single-family dwelling except for the interior side yard requirement.
Used or occupied: Include the words "intended", "designed", or "arranged to be used or occupied".
Yard: An open space between a building and any lot line unobstructed by any structure.
Yard, front: A yard extending across the entire front of the lot and measured between the front line of the lot and front line of the building, or any projection thereof other than steps, balconies, paved terraces, porches or bay windows.
Yard, rear: A yard extending across the entire rear of a lot and measured between the rear lot line and the rear of the building or any projection thereof other than steps, balconies, paved terraces, porches, or bay windows.
Yard, side: A yard between the building on the side line of the lot extending from the front yard to the rear yard and measured between the sideline of the lot and the side of the building, or any projections thereof other than steps, balconies, paved terraces, porches or bay windows.
(Ord. No. 9.26, eff. 12-15-79; Ord. No. 15, 2nd series; eff. 7-28-81)