Mayer City Zoning Code
TITLE AND
APPLICATION
§ 152.001 TITLE AND PURPOSE.
(A) This chapter shall be known as the Mayer Zoning Ordinance except as referred to herein, where it shall be known as “this chapter.”
(B) Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations in regard to the location, erection, construction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right of way; to prevent overcrowding of land and undue concentration of structures by regulating land, building, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission, and the City Council in relation to this chapter.
(C) Relation to the city’s comprehensive plan. Pursuant to M.S. § 473.858, as may be amended, and city policy, the city’s adopted comprehensive plan shall serve as the basis upon which land use and development shall be regulated. This chapter shall not conflict with and shall be based upon and implement the city’s comprehensive plan.
(D) Standard, requirement. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the city, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.
(E) Application. The provisions of this chapter shall be the minimum requirements for the promotion of the public health, safety and welfare.
(Ord. 251, passed 2-23-26)
§ 152.002 LEGAL AUTHORITY.
This chapter is enacted in accordance with authority granted by M.S. §§ 462.351 to 462.363, as amended.
(Ord. 251, passed 2-23-26)
§ 152.003 DEADLINE FOR ACTIONS.
It is the intent of the city to comply with state requirements for timely review and actions requiring formal approval by the city. Information submissions and applications must be determined by the city to be complete before a timeline for action is initiated. The review for completeness will be conducted within ten business days of receipt of an application. In the event the city cannot act upon a request within a timeframe of 60 days, the city will notify an applicant in writing that action will be completed within 120 days of the date the application was accepted by the city. In the event that multiple approvals are involved in any action, such as a site plan review requiring a variance or a zoning ordinance amendment requiring a comprehensive plan amendment, each action shall require a separate, independent timeline for action.
(Ord. 251, passed 2-23-26)
§ 152.004 SCOPE, INTERPRETATION.
(A) Building compliance. No building, structure or part thereof, shall hereafter be erected, converted, enlarged, reconstructed, altered or moved without a permit approved by the city, and no building, structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.
(B) Relationship to comprehensive plan. Interpretation and enforcement of the provisions of this chapter are intended to be consistent with the implementation of goals, policies and land use elements of the Mayer comprehensive plan to the extent practical or required by law. The application of or amendments to this chapter which are determined to be inconsistent with the comprehensive plan shall require amendments to the comprehensive plan, this chapter, or both.
(C) Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(D) Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, upon receipt of the study shall, if appropriate, initiate an amendment to this zoning chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.
(E) Monuments. For the purpose of this chapter, all international, federal, state, county and other official monuments, bench marks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, one-quarter section and one-sixteenth section corners shall be duly described and tied.
(F) Separability. It is hereby declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.
(G) Comprehensive revision. The City Council intends this chapter to be a comprehensive revision to Title XV: Land Usage, Chapter 152: Zoning of the Mayer Code of Ordinances. Any act done, offense committed, rights accruing or accrued, liability, or penalty incurred or imposed prior to the effective date of this chapter is not affected by its enactment.
(H) Opt out of M.S. § 462.3593. Pursuant to authority granted by M.S. § 462.3593, subd. 9, the city opts out of the requirements of M.S. § 462.3593, which defines and regulates temporary family care dwellings.
(Ord. 251, passed 2-23-26)
§ 152.005 RULES AND DEFINITIONS.
(A) Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.
(1) The singular number includes the plural, and the plural the singular, unless such use or reference is otherwise specifically stated.
(2) The present tense includes the past and the future tenses, and the future the present.
(3) The word “shall” is mandatory while the word “may” is permissive.
(4) The masculine gender includes the feminine and neuter unless otherwise specifically noted.
(5) For terminology not defined in this chapter, this code, the Minnesota State Building Code or the Webster’s dictionary shall be used to define such terms.
(6) The catchlines of the sections of this chapter are intended as mere catchwords to indicate the content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any sections.
(B) For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Making contact with or separated only by public arterial, railroad, public utility right-of-way or navigable waters.
ACCESSORY USE OR BUILDING. A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the principal building or use.
ADDITION. A physical enlargement of an existing structure.
ADMINISTRATOR. The City Administrator of the City of Mayer or his or her designee. The person designated by the City Council to administer this chapter.
AGRICULTURAL BUILDING. All buildings, other than dwellings and accessory garages, which are incidental to agricultural purposes, including, but not limited to, barns, granaries, silos, farm implement storage buildings, and milk houses.
AGRICULTURAL USES. Those uses commonly associated with the growing of produce on farms, these include: field crop farming; pasture for hay, fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for sale of in season products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feedlots, retail nurseries and garden centers, and kennels.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, hydronic furnace, wind or solar energy system.
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. ANIMALS shall be classified as follows:
DOMESTIC ANIMALS. Those animals commonly accepted as domesticated household pets. Unless otherwise defined, domestic animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non- constricting reptiles or amphibians, and other similar animals.
FARM ANIMALS. Those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.
NON-DOMESTIC ANIMALS. Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, NON-DOMESTIC ANIMALS shall include:
(a) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats.
(b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.
(c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.
(d) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets.
(e) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
(f) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this section, including but not limited to bears, deer, monkeys and game fish.
ANIMAL FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges), and barns, dairy farms, swine facilities, beef lots and barns, and horse stalls shall be considered to be ANIMAL FEEDLOTS. Pastures shall not be considered ANIMAL FEEDLOTS.
ANIMAL KENNEL. Any place where more than three domestic animals of one type, over six months of age, are kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.
ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units, as established by the State of Minnesota.
ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennae, such as panels, microwave dishes, and satellite dishes, and omni-directional antennae, such as whip antennae.
ANTENNA, ACCESSORY AND/OR SECONDARY USE. Those antennas including radio and television receiving antennas, satellite dishes, TVROs two meters or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment such as radio receivers, ham radio transmitters and television receivers that are customary and incidental to allowed principal uses within the various zoning districts of the city.
ANTENNA, PERSONAL WIRELESS SERVICE. A device consisting of metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.
ANTENNA, PUBLIC UTILITY MICROWAVE. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the support structure thereof.
ANTENNA, RADIO AND TELEVISION, BROADCAST TRANSMITTING. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the support structure thereof.
ANTENNA, RADIO AND TELEVISION RECEIVING. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the support structure thereof.
ANTENNA, SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and the support structure thereof.
ANTENNA, SATELLITE DISH HEIGHT. The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna.
ANTENNA, SHORTWAVE RADIO TRANSMITTING AND RECEIVING. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, and including the support structure thereof.
ANTENNA SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of antennas.
ANTENNA, TEMPORARY MOBILE. Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as CELLULAR ON WHEELS (COW).
ANTENNA TOWER. A self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. The term ANTENNA TOWER shall not include amateur radio operators’ equipment, as licensed by the FCC.
COMMERCIAL RECEIVING OR TRANSMITTING ANTENNA. Any antenna erected for the commercial use of information.
PRIVATE RECEIVING OR TRANSMITTING ANTENNA. Any antenna erected for the noncommercial use of information.
APPLICANT. The owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this chapter are being considered or reviewed.
AUTOMOBILE RECYCLING BUSINESS. Any open area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, kept, stored or handled, including but not limited to scrap metals or scrap materials, or the abandonment or dismantling of machinery, motor vehicles, or other vehicles, or parts thereof.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, motorcycles, boats, recreational vehicles and/or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR. Installation, including electronics systems, minor repairs, upholstering, replacement of parts (tires, glass, and the like), exterior and interior detailing, window tinting, and minor motor services to passenger automobiles and trucks classified by the Federal Highway Administration as Class 3 or smaller, but not including any operation specified under the definition of “automobile repair, major” in this section.
AUTOMOBILE REPAIR SHOP. Any structure or building where major or minor repair of motor vehicles is conducted for profit.
AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries, or minor accessories; minor automobile repairs; and greasing or washing of individual automobiles.
AUTOMOBILE WRECKING OR JUNK YARD. Any 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.
AWNING. A roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an AWNING.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. See also “regional flood.”
BASE FLOOD ELEVATION. The elevation of the regional flood. The term BASE FLOOD ELEVATION is used in the flood insurance survey.
BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (See definition of “story.”)
BED AND BREAKFAST ESTABLISHMENT. A building, typically residential in character, where for compensation lodging is provided to transient guests, and where meals and/or beverages may be offered in connection with the provision of sleeping accommodations.
BILLBOARD. An advertising sign, which directs attention to a business, commodity, service or entertainment not exclusively, related to premises where such sign is located or to which it is affixed.
BLOCK. An area of land within a subdivision which is entirely bounded by streets or by street, rail right-of-way, waterway or exterior boundary of the subdivision.
BOARD OF APPEALS AND ADJUSTMENTS. The City Council of the City of Mayer.
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, lodging and/or meals are provided to persons not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply.
BOULEVARD. The portion of the street right-of-way between the curb and the property line.
BUFFER. The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.
BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.
BUILDING, DETACHED ACCESSORY. A building surrounded by open space on the same lot as the principal building, clearly subordinate and incidental to the principal use.
BUILDING HEIGHT. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
BUILDING LINE. A line parallel to a lot line or the ordinary high-water level at the required setback beyond which a structure may not extend.
BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
CANOPY. A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.
CANOPY OF TREE. The horizontal extension of a tree’s branches and foliage in all directions from its trunk and upper layer of green crown.
CELLAR. The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
CEMETERY. A parcel or tract of land used or intended to be used for the burial of the dead including columbaria, crematories, mausoleums and mortuaries when operated within the boundaries of such cemetery.
CITY/COMMUNITY. The City of Mayer, Minnesota.
CITY ATTORNEY. The person designated by the City Council to be the city attorney for the City of Mayer.
CITY BUILDING OFFICIAL. The person designated by the City Council to be the city building official for the City of Mayer.
CITY COUNCIL. The governing body for the City of Mayer.
CITY ENGINEER. The person designated by the City Council to be the city engineer for the City of Mayer.
CLEARCUTTING. The complete (as opposed to selective) removal of vegetation or a stand of trees within an area.
CLINIC, MEDICAL. A building in which a group of physicians, dentists or combination thereof and professional assistants are associated for carrying on their profession. The clinic may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.
CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.
CLUB OR LODGE. A nonprofit association of persons who are bona fide members paying annual dues, with the use of premises being restricted to members and their guests for receptions, social recreation, and other gatherings.
COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service or entertainment.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
COMMISSION. The Planning Commission of the City of Mayer.
COMMON AREA. COMMON AREAS belong to all the owners equally, as does the physical and financial responsibility to maintain them and owners have the irrevocable right to enter and use the COMMON AREAS during reasonable hours for the use and enjoyment of the owner and for the purpose of maintenance or repair.
COMMUNITY SOLAR ENERGY SYSTEM. A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in this chapter’s official zoning controls or building regulations and upon a finding that:
(a) Certain conditions as detailed in this chapter exist; and
(b) The structure and/or land use conform to the Comprehensive Land Use Plan if one exists and are compatible with the existing neighborhood.
CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in this chapter, 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 present.
COMPREHENSIVE PLAN. The Mayer comprehensive plan, which includes various chapters addressing land use, transportation, water system, sanitary sewer, water resources, parks, trails and open space and capital improvements.
CONDOMINIUM. A multiple-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota condominium law, M.S. §§ 515.01 through 515.29.
CONDOMINIUM OR COMMON INTEREST COMMUNITIES. A development containing individually owned units and jointly owned and shared areas wherein the boundaries are defined by a condominium plan or common interest community in accordance with M.S. Ch. 515, 515A or 515B, as amended.
CONIFEROUS TREE. A woody plant bearing seeds and cones oftentimes, but not always, retaining foliage throughout the year.
COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S.§§ 290.09 and 290.13. 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.
CRITICAL FACILITIES. Facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of CRITICAL FACILITIES include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.
DAYCARE FACILITY. Any facility licensed by the State Department of Human Services, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own home, including head start and early education programs.
DECIDUOUS TREE. A woody plant which has a defined crown, and which loses leaves annually.
DECK. Horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending above grade.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DIAMETER OF CONIFEROUS TREE. Every two feet in height of a coniferous tree is equivalent to one caliper inch of diameter.
DIAMETER OF DECIDUOUS TREE. The length of a straight line measured in caliper inches through the trunk of a tree at four and one-half feet above the ground.
DISTRICT. A 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 therein.
DRAINING. The removal of surface water or groundwater from land.
DREDGING. To enlarge or clean out a water body, watercourse, or wetland.
DRIP LINE OR ROOT ZONE OF TREE. An imaginary vertical line which extends from the outermost branches of a canopy to the ground.
DRIVE-THROUGH FACILITY. An establishment (principal or accessory use) at which patrons may purchase products or receive service without having to leave the motor vehicle.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two- family, and multiple-family dwellings, but not including hotels, motels, boarding houses, bed and breakfast, mobile homes or trailers.
DWELLING, ATTACHED. A dwelling that is attached to another at one or more sides by a common wall.
DWELLING, DETACHED. A dwelling which is completely surrounded by open space on the same lot.
DWELLING, EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.
DWELLING, MULTIPLE-FAMILY (APARTMENT). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but accessing individual units via common entrances, hallways, stairways, or enclosed garages.
DWELLING, NURSING HOME. A state licensed facility or that part of a facility which provides nursing care pursuant to M.S. § 144A.01.
DWELLING, SENIOR HOUSING. A dwelling with open occupancy limited to persons over 55 years of age.
DWELLING, SINGLE-FAMILY. A dwelling unit designed exclusively for and occupied exclusively by one family.
DWELLING, TOWNHOUSES. Structures housing three or more dwelling units contiguous to each other by the sharing of one or more common walls, floors, or ceilings with each unit having separate entrance/exit via individual exterior doors from individual or shared attached garages, with dwelling units arranged in a row, quad, back-to-back, or stacked arrangement.
DWELLING, TOWNHOUSES, DETACHED. A structure having the characteristics of a multiple-unit townhouse structure that has been separated into single dwelling units at the common side wall, typically with structure dimensions that have a narrow front and deep side walls and are typically without windows or features on at least one of the side walls and may include common owned land around the dwelling.
DWELLING, TWO-FAMILY. A structure having two dwelling units contiguous to each other only by the sharing of one or more common walls (without an interior connection) with each unit having a separate entrance/exit designed exclusively for occupancy by two families living independently of each other.
DUPLEX. A two-family dwelling with one unit above the other.
TWIN HOME. A two-family dwelling with two units side by side.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers except within the Shoreland Overlay District where these uses shall be considered dwelling units.
EASEMENT. A grant by a property owner for the use of a strip of land and for the purpose of constructing and maintaining streets, trails, sidewalks, drives, and/or utilities, including, but not limited to, wetlands, stormwater basins, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainageways, and gas lines.
ELEVATION. The view of the side, front, or rear of a given structure(s).
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing.
EROSION. The wearing away of the land surface by the action of natural elements.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication, waste, or water transmission, distribution, collection, supply or disposal systems, including water towers, wells, poles, wires, radio receivers and transmitters, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, utility substations and other similar equipment, accessories and related structures in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. ESSENTIAL SERVICES shall not include waste facilities or personal wireless service antennas or support structures.
EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under M.S. §§ 93.44 through 93.51.
FAMILY. An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of:
(a) Two or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship, foster children, and/or cultural or educational exchange program participants hosted by the principal family; or
(b) Not more than four unrelated persons.
FARM. A tract of land of more than ten acres in size usually with a house and barn plus other buildings on which crops and often livestock are raised for a principal source of livelihood.
FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1.(a)-(d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FARMING. Process of operating a farm for the growing and harvesting of crops which shall include those necessary accessory buildings, related to operating the farm, and the keeping of common domestic farm animals.
FENCE. Any lineal structure, including any partition, structure, wall, gate or similar barriers, erected as a dividing mark, barrier or enclosure, used to prevent access by persons or animals or prevent visual or sound transference.
FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
FLOOD. A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. By strict definition, such estimates are designated “exceedence frequency,” but in practice the term “frequency” is used. The frequency of a particular stage of discharge is usually expressed as having a probability of occurring once within a specific number of years.
FLOOD FRINGE. That portion of the floodplain outside of the floodway.
FLOOD PROFILE. A graph or a longitudinal plot of water surface elevation of a flood event along a reach of a stream or river.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the special flood hazard area (1% annual chance flood) located outside of the floodway. FLOOD FRINGE is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Carver County, Minnesota.
FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a DIGITAL FLOOD INSURANCE RATE MAP (DFIRM).
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties, structures, water and sanitary facilities and contents of structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOOD, REGIONAL. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of the 1% chance or 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term “base flood" used in a flood insurance study.
FLOOD, REGULATORY FLOOD PROTECTION. An elevation not less than one foot above the elevation of the regional floodplain plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
FLOODPLAIN. The channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. FLOODPLAIN areas within the city shall encompass all areas designated as Zone A on the Flood Insurance Rate Map.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings on a zoning lot measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, floor area will include:
(a) Basement space (see “basement” defined herein);
(b) Attic floor space where the structural headroom exceeds seven and one-half feet;
(c) Interior balconies and mezzanines;
(d) Enclosed porches, but not terraces and breezeways;
(e) Stairwells at each level;
(f) Accessory structures.
FLOOR AREA, LIVABLE. The same area as defined in “floor area,” excluding all areas occupied by basements, garages, porches, attics, stairways and storage, utility and heating rooms and other accessory uses.
FLOOR AREA RATIO (F.A.R.). The floor area of the building or buildings on a zoning lot divided by the area of the zoning lot, or in the case of planned development, by the net site area. The F.A.R. requirements, as set forth in each zoning district, shall determine the maximum floor area allowable (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
FORESTER. A person holding at least a bachelor’s degree in forestry from an accredited four-year college of forestry or any official appointed by the city.
FOUNDATION. The basis on which a structure stands, is founded, or is supported.
FUNERAL HOME OR MORTUARY. An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals.
GARAGE, PRIVATE (RESIDENTIAL). A detached accessory building or attached accessory portion of the principal building which is primarily intended for and used to store the private motor vehicles of the family resident upon the premises.
GARAGE, PUBLIC. A 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.
GARAGE SALE. An infrequent display of used goods and sale of the goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the property.
GEOTHERMAL ENERGY. Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes.
GRADE. The final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the FINAL GRADE for sign height computation.
GRADING. Changing the natural or existing topography of the land.
GREENHOUSE. An enclosed building, permanent or portable, which is used for the growing of small plants.
GROUND MOUNTED SES. Freestanding solar energy system (panels) that are mounted to the ground by use of stabilizers or similar apparatus.
GROUND SOURCE HEAT PUMP SYSTEM (GSHPS). A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site.
HARDWOOD DECIDUOUS TREE. Includes ironwood, catalpa, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and basswood.
HEALTHY TREE. Average or better condition and vigor for area as may be determined by the forester.
HEAT TRANSFER FLUID. A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.
HISTORIC STRUCTURE. See also “substantial improvement.”
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 the premises.
HOME OFFICE. A home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession or service solely by the occupant of the dwelling and which does not involve the on-site sale of products or client/patron site visitations.
HORIZONTAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.
HOSPITAL. An institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
HOTEL. A principal commercial use providing temporary lodging of transient persons and guest related services for compensation, whether the compensation be paid directly or indirectly.
IMPERVIOUS SURFACE. An artificial or natural surface that is highly resistant to infiltration by water. It includes, but is not limited to surfaces such as compacted sand, clay or gravel as well as most conventionally surfaced streets, roofs, swimming pools, sidewalks in excess of three feet in width, parking lots, and other similar structures, but not including decks or platforms where one-quarter inch gaps are provided between deck boards for water to drain.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. A sewage treatment system or part thereof, serving a dwelling, building, structure or other establishment, or group thereof, and using sewage tanks or advanced treatment followed by soil treatment and disposal. INDIVIDUAL SEWAGE TREATMENT SYSTEM includes holding tanks.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities, or other wholesale items.
INSTITUTIONAL. Relating to an institution such as, public buildings, schools, or religious institutions.
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.
INTERIM USE PERMIT. A permit issued in accordance with procedures specified in this chapter, as a flexible device to enable the City Council to assign time limits and conditions to a proposed use after consideration of current or future adjacent uses and their functions.
INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation.
LAND/SEA CONTAINERS. Fully enclosed metal or other prefabricated material structures, containers, holders, or receptacles greater than five feet in length with an opening for access, which may or may not have a door attached, and which are used for purposes of, but not limited to, storage, transportation of freight, or holding for sale or lease.
LANDSCAPE ARCHITECT. A person licensed by the State of Minnesota as a landscape architect.
LANDSCAPING. Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.
LOADING SPACE (OFF STREET). A formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials.
LOT. Land occupied or to be occupied by a building and its accessory buildings, 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 public street.
LOT AREA. The area of a horizontal plane within the front, side, and rear lot lines.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into unit lots.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets. On such a lot both yards fronting a street shall be deemed front yards.
LOT COVERAGE. The area of a lot occupied by the principal building or buildings, accessory structures, driveways, sidewalks, off-street parking areas, parking pads and other impervious surface areas.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).
LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.
LOT, INTERIOR. A lot other than a corner lot, including through or double frontage lots.
LOT LINE. A 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 LINE, FRONT. The lot line separating a lot from the street right of way along the lot frontage having the least width. On a corner lot, from which street access is gained that lot line will be the FRONT LOT LINE.
LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision or plat, an auditor’s subdivision or a registered land survey or a parcel of land not so platted, which has been approved by the city or meets the following conditions:
(a) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations pursuant to a home rule charter;
(b) Was the subject of a written agreement to convey entered into prior to such time;
(c) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980.
(e) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width;
(f) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.
LOT, SUBSTANDARD. A lot or parcel of land which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
LOT, THROUGH. A lot fronting on two parallel streets. Also defined as a DOUBLE FRONTAGE LOT.
LOT, TRIANGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line.
LOT, UNIT. Lots created from the subdivision of a base lot for the purpose of developing detached townhouse, two-family, attached townhouse or condominium residential, commercial or industrial developments or developments with more than one principal structure on a lot whereby the individual units have title to the portion of land that is generally underlying the structure.
LOT WIDTH. The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the front setback line. For cul-de-sac lots or other lots of record where the front lot line is a curve or irregular line, LOT WIDTH shall mean the minimum required horizontal distance between the side lot lines, measured along a straight line at the midpoint of the front setback line.
LOT, ZONING. A single tract of land which consists of one or more lots of record and which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a separate unit under single ownership or control. A ZONING LOT may or may not coincide with a single lot of record, but in no case shall a ZONING LOT include a portion of a lot of record.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s LOWEST FLOOR; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of State and complies with the standards established under M.S. Ch. 327.
MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.
MINING. All or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.
MODEL HOME. A home which is similar to others in a development and which is open to public inspection for the purpose of selling the other homes.
MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for short term use by transient automobile tourists.
MOTOR VEHICLE. A self-propelled vehicle for personal or business use defined in M.S. § 169.011.
MULTIPLE TENANT SITE. Any site which has more than one tenant, and each tenant has a separate ground level exterior public entrance.
NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this chapter.
NON-COMMERCIAL SPEECH. Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
NON-CONFORMING STRUCTURE OR USE, ILLEGAL. A structure or use that has been established in a manner that does not conform to the applicable conditions required by the regulations in place at the time the structure or use was established.
NON-CONFORMING STRUCTURE OR USE, LEGAL. Any lawfully established structure or use which on the effective date of this chapter does not conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory floodplain which may impede, retard, or change the direction of flow of water, either in itself or by catching or collecting debris carried by such water.
OFFICE. An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, or administrative service operations including attorneys, financial advisors, consultants, insurance, and other uses of similar character.
ONE-HUNDRED YEAR FLOODPLAIN (100-YEAR FLOODPLAIN). Lands inundated by the “regional flood” (see definition).
OPEN LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or injection well.
ORDINARY HIGH-WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH-WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH-WATER LEVEL is the operating elevation of the normal summer pool.
OUTDOOR HYDRONIC FURNACE. A freestanding accessory structure housing a wood or other approved solid fuel burning furnace, with a smoke stack, used to provide heat or hot water to a building, or accessory structure, designed to:
(a) Burn wood or other approved solid fuels;
(b) That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans; and
(c) Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. This includes, without limitation, any structure, equipment, device, or apparatus, or any part thereof, which is installed, affixed, constructed or located outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, to produce heat or energy used as a component of a heating system.
OUTDOOR WOOD BOILER. See OUTDOOR HYDRONIC FURNACE.
OUTLOT. A parcel of land included in a plat identified by a capital letter and is land that is not part of a block.
OWNER. In the case of a lot, the legal owner of the lot as officially recorded by Carver County, and including fee owners, contract for deed purchasers and ground lessees. In the case of a sign, the owner of the sign including any lessees.
PARAPET (WALL). That portion of building wall that rises above the roof level.
PARKING LOT. A structure utilized for the temporary storage of motor vehicles.
PARKING PAD. A pad used for parking vehicles not considered part of the driveway, which shall be constructed of appropriate surface materials depending on location.
PARKING SPACE. An area enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public or private street, alley or driveway permitting satisfactory ingress and egress of an automobile.
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transferring it to another form of energy or transferring the energy via a heat exchanger.
PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERFORMANCE STANDARDS. Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare or heat, or other potential impacts generated by or inherent in uses of land and buildings.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.
PERSON. Any individual, firm, partnership, corporation, company, association, joint stock association, or political body or organization of any kind; and includes any trustee, receiver, assignee or other similar representative.
PERVIOUS SURFACE. A surface that water can infiltrate into or percolate through.
PHOTVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
PLANNED UNIT DEVELOPMENT. A development consisting of clustering or mixed uses in which variations from conventional zoning standards may be permitted in exchange for the protection of natural areas; creation of additional parks, park facilities and pedestrian ways; and similar public benefits.
PLANNING COMMISSION. The Planning Commission of the City of Mayer.
PORCH. An architectural feature relating to a floor-like platform structure attached to the front or back entrance of a residence. It is external to the walls of the main building proper, but may be enclosed by screen, latticework, broad windows, or other light frame walls extending from the main structure.
PRINCIPAL USE/BUILDING. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE OR BUILDING may be either permitted, interim, conditional, or allowed by administrative permit.
PUBLIC NOTICES. Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents.
PUBLIC STREET RIGHT-OF-WAY. The entire right-of-way for a public street.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state, or other governmental units.
PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land-line telephone services to the general public. For the purpose of this chapter, commercial wireless telecommunication services shall not be considered PUBLIC UTILITY uses, and are defined separately.
PUBLICATION. Notice placed in the official city newspaper stating time, location and date of meeting and description of the topic.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATION FIELD OR BUILDING. An 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, or gymnasium is a RECREATION FIELD OR BUILDING for the purpose of this chapter.
RECREATIONAL VEHICLE AND EQUIPMENT. Any type of operable and licensed vehicle as required by the state, either self-powered or drawn by another vehicle that is used primarily for purposes of recreation or transportation of recreational vehicles, equipment, and the like. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use, including but not limited to campers, motor homes, travel trailers, slide in campers, airplanes, converted buses, snowmobiles and trailers, camper trailers, motorcycle trailers, snowmobile trailers, horse trailers, boats/watercraft and trailers, fish house, all-terrain vehicles, and the like. A fish house boat, snowmobile, or other RECREATIONAL VEHICLE when stored or kept on a trailer shall be considered as one RECREATIONAL VEHICLE. For purposes of this chapter, the term RECREATIONAL VEHICLE is synonymous with the term “travel trailer/travel vehicle.”
RELIGIOUS INSTITUTION. A church, synagogue, mosque, or other religious organization organized under M.S. Ch. 315.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
RESIDENTIAL CARE FACILITY. Any residential care program, defined by M.S. § 245A.02 and licensed by the State of Minnesota.
RESIDENTIAL DISTRICT. Any district zoned for residential uses.
RESIDENTIAL FACILITY, STATE LICENSED. Any residential care program, defined by M.S. § 245A.02 and licensed by the State of Minnesota.
RESIDENTIAL SHELTER. A facility providing short term housing, food, and protection for individuals for purposes such as chemical dependency and domestic abuse, but not including provision of on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional and other health care services; financial management services; legal services; vocational services; and other similar supportive services, and not including state licensed residential care facilities, community correctional facilities, daycare facilities, or hotels.
RESTAURANT (CONVENIENCE). An establishment that serves food and/or beverages, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive-through facilities.
RESTAURANT (GENERAL). An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.
RETAIL BUSINESS. An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales.
ROOF. The exterior surface and its supporting structure on the top of a building or structure, the structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Uniform Building Code.
ROOF LINE. The upper-most edge of the roof or in the case of an extended facade or parapet, the upper-most height of the facade.
ROOF OR BUILDING MOUNTED SES. A solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus.
ROOF PITCH. The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12 or 12/12.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades on a (WECS).
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.
SCHOOL, PRIVATE. Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source.
SCHOOL, PUBLIC. Any building or group of buildings, the use of which meets compulsory education laws of the State of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit.
SECONDARY USE. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.
SETBACK. The minimum horizontal distance between a structure and lot line, ordinary high-water mark, or right-of-way easement. Distances are to be measured from the most outwardly extended portion of the structure at ground level.
SETBACK, FRONT. The minimum horizontal distance permitted between the public right-of-way and a structure on the premises. In instances in which a property fronts on more than one street, FRONT SETBACKS are required on all street frontages.
SETBACK, REAR. The minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises.
SETBACK, SIDE. The minimum horizontal distance permitted between the side lot line and a structure on the premises.
SEXUALLY ORIENTED USES. (See definitions in § 114.02.)
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high-water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain as designated by ordinance, on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distance and when approved by the Commissioner of the Department of Natural Resources.
SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.
SIGN, ABANDONED. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been ABANDONED. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed ABANDONED unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be ABANDONED. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of ABANDONED SIGN.
SIGN, AWNING. A building sign or graphic printed on or in some fashion attached directly to the awning material.
SIGN, BALLOON. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter.
SIGN, BANNER. A strip of fabric, cloth, vinyl, plastic or other material upon which a sign is displayed.
SIGN, BUILDING. Any sign attached or supported by any building.
SIGN, CABINET. Any wall sign that is not of channel or individually mounted letter construction.
SIGN, CANOPY. Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A CANOPY SIGN is not a marquee and is different from service area canopy signs.
SIGN, CHANGEABLE COPY SIGN. A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure.
SIGN, CHANGEABLE COPY SIGN, ELECTRONIC. A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. ELECTRONIC CHANGEABLE COPY SIGNS include computer programmable, microprocessor controlled electronic displays. ELECTRONIC CHANGEABLE COPY SIGNS include projected images or messages with these characteristics onto buildings or objects. ELECTRONIC CHANGEABLE COPY SIGNS do not include official signs.
SIGN, COMMERCIAL. Any sign wording, logo, or other representation that, directly or indirectly, names advertises, or calls attention to a business, product, service, or other commercial activity.
SIGN, DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays.
SIGN, ELECTRONIC GRAPHIC DISPLAY. A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. ELECTRONIC GRAPHIC DISPLAY SIGNS include computer programmable, microprocessor controlled electronic or digital displays. ELECTRONIC GRAPHIC DISPLAY SIGNS include projected images or messages with these characteristics onto buildings or other objects.
SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
SIGN, FLASHING. A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling.
SIGN, FREESTANDING. Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.
SIGN, GROUND. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight feet.
SIGN, HEIGHT OF. The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign.
SIGN, ILLUMINATED. Any sign which contains an element designed to emanate artificial light internally or externally.
SIGN, INCIDENTAL. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered INCIDENTAL.
SIGN, INTERIOR. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building, and a sign for and located within the inner or outer body, court or entrance of any theater.
SIGN, LEGALLY ESTABLISHED NONCONFORMING SIGN. Any sign and its support structure lawfully erected prior to the effective date of this chapter which fails to conform to the requirements of this chapter. A sign which was erected in accordance with a variance granted prior to the adoption of this chapter and which does not comply with this chapter shall be deemed to be a LEGAL NONCONFORMING SIGN.
SIGN, MARQUEE. Any building sign painted, mounted, constructed or attached in any manner, on a marquee.
SIGN, MONUMENT. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight feet.
SIGN, MULTIVISION. Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images.
SIGN, OFFICIAL. Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.
SIGN, OFF-PREMISE. Any sign that with a message that is related to an establishment, merchandise, service, or entertainments which is not sold produced, manufactured, or furnished at the property on which said sign is located, e.g. billboards, or outdoor advertising.
SIGN, ON-PREMISE. A sign which message is related to the premises or the activity and use occurring on the premises on which the sign is located.
SIGN, POLE. See PYLON SIGN.
SIGN, PORTABLE. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign.
SIGN, PROJECTING. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two feet beyond the surface or such building or wall face.
SIGN, PYLON. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. PYLON SIGNS may able be referred to as a “pole sign.”
SIGN, READER BOARD. A sign on which copy is designated so that it can be changed manually. This may include but is not limited to a panel on which individual letters or pictorials are mounted, or displayed.
SIGN, RESIDENTIAL. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
SIGN, ROOF. Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
SIGN, ROOF INTEGRAL. Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SIGN, ROTATING. A sign or portion of a sign which turns about on an axis.
SIGN, SANDWICH BOARD. A freestanding temporary sign, with no moving parts or flashing lights, no larger than eight square feet total sign size per side (no taller than four feet from grade), displayed outside an establishment during business hours. It is not intended as permanent business signage.
SIGN, SHIMMERING. A sign which reflects an oscillating sometimes distorted visual image.
SIGN STRUCTURE. Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.
SIGNAGE, TOTAL SITE. The maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property.
SIGN, SUSPENDED. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface.
SIGN, TEMPORARY. Any sign, balloon, banner, blimp, flag, free-standing sign, pennant, poster, reader board, or advertising display which is intended to be displayed for a limited period of time and that is not permanently fixed to the land or a structure. TEMPORARY SIGNS may be constructed of paper, cloth, canvas, cardboard or any other light and nondurable material. Signs other than TEMPORARY SIGNS shall be considered permanent signs.
SIGN, VIDEO DISPLAY. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. VIDEO DISPLAY SIGNS include projected images or messages with these characteristics onto buildings or other objects.
SIGN, WALL. Any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
SIGN, WINDOW. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
SIGNIFICANT TREE. A healthy deciduous hardwood tree measuring a minimum of six caliper inches in diameter, a healthy softwood deciduous tree measuring a minimum of 12 caliper inches, or a healthy coniferous tree measuring a minimum of 12 feet in height.
SITE. A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit.
SOFTWOOD DECIDUOUS TREE. Includes cottonwood, poplars/aspen, box elder, willow, silver maple and elm.
SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. standard time on any day of the year.
SOLAR COLLECTOR. A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM (SES). A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection of storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating.
SOLAR FARM. A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A SOLAR FARM is the primary land use for the parcel on which it is located.
SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or ground.
SOLAR SKYSPACE. The space between a solar energy collector and the sun, which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.
SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limited activities or land uses that interfere with access to solar energy. The solar skyspace must be described as the three dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.
SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity for later use.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with ONE HUNDRED (100) YEAR FLOODPLAIN.
START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation. addition, placement or other improvement that occurred before the permit’s expiration date. The ACTUAL START is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. PERMANENT CONSTRUCTION does not include land preparation, such as clearing, grading and filling: nor does it include the installation of streets and/or walkways: nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes of three to one (3:1) or greater, as measured over horizontal distances of 50 feet or more, that are not defined as bluffs.
STORAGE, OUTDOOR. Storage of any property not fully enclosed in a building or completely screened so as not to be visible from adjoining properties or street rights-of-way.
STORMWATER POND. These are ponds created for stormwater treatment. A STORMWATER POND shall not include wetlands created to mitigate the loss of other wetlands.
STORY. The portion of a building including beneath the upper surface of a floor and upper surface of 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 unfinished underfloor 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 underfloor space shall be considered a STORY.
STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one STREET FRONTAGE and corner lots and through lots have two frontages.
STRINGER. A line of string, rope, cording, or an equivalent to which is attached a number of pennants.
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.
STRUCTURE HEIGHT. A distance to be measured from the mean ground level to the top of the structure.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. For the purpose of this chapter, HISTORIC STRUCTURE is as defined in 44 Code of Federal Regulations, Part 59.1.
SURFACE, IMPROVED. A surface that is either concrete, asphalt, or made of pavers.
SURFACE, SEMI-IMPROVED. A surface that is gravel, class five gravel, crushed rock, or made of similar composite.
SURFACE, UNIMPROVED. A surface that is grass, compacted earth, or naturally occurring.
TEMPORARY STRUCTURE. A structure that is not permanently erected on a site.
TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade (except amateur radio antennas).
TOWER, MULTI USER. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TRAVEL TRAILER. A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation and vacation uses.
UNDUE HARDSHIP. The same as that term is defined in M.S. § 462.357, as may be amended, meaning that the property in question cannot be put to a reasonable use if used under the conditions allowed by this chapter, the plight of the landowner is due to circumstances unique to the property not caused by the landowner and a variance, if granted, shall not alter the character of the locality. Economic considerations alone shall not constitute an UNDUE HARDSHIP if a reasonable use of the property exists under the terms of this chapter. UNDUE HARDSHIP may also include inadequate access to direct sunlight for solar energy systems.
USABLE OPEN SPACE. That required portion of a lot at ground level, which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and useable by all persons occupying a dwelling unit or rooming unit on the lot or a development project, and their guests. This space of minimum prescribed dimensions shall not be devoted to service driveways or off-street parking space and or loading berths but shall be usable for greenery, recreational space and other leisure activities normally carried on outdoors.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.
USE, INCOMPATIBLE. A use which is incapable of direct association with certain other uses because it is contradictory, incongruent or discordant.
VARIANCE. A modification of or variation from the provisions of this chapter consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.
VERTICAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.
VISIBLE. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.
WALL. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of 60 degrees or greater with the horizontal plane.
WAREHOUSING. The commercial storage of merchandise and personal property.
WATERBODY. A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
WATERCOURSE. A channel or depression through which water flows year round or intermittently, such as rivers, streams, or creeks.
WETLANDS.
(a) HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
(b) HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
(c) WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this chapter, WETLANDS must have the following three attributes.
1. Have a predominance of hydric soils.
2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
3. Under normal circumstances, support a prevalence of such vegetation.
WHOLESALING. A business engaged in selling to retailers or jobbers rather than consumers.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations, and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed to the electrical grid.
WIND ENERGY CONVERSION SYSTEM (WECS), COMMERCIAL. A WECS of equal to or greater than 40kW in total nameplate generating capacity.
WIND ENERGY CONVERSION SYSTEM (WECS), NON-COMMERCIAL. A WECS of less than 40kW in total name plate generating capacity.
WIND ENERGY CONVERSION SYSTEM, ROOF-MOUNTED. A WECS affixed to the roof of a building or other structure.
WIND ENERGY CONVERSION SYSTEM (WECS), TOTAL HEIGHT. The highest point above ground reached by a rotor tip or any other part of the WECS.
WIND ENERGY CONVERSION SYSTEM (WECS), TOWER. A vertical structure that supports an electrical generator, rotor blades, and/or meteorological equipment used in the operation of a WECS.
WIND ENERGY CONVERSION SYSTEM (WECS), TOWER HEIGHT. The total height of the WECS exclusive of the rotor blades.
WINERY. A winery operated by the owner of a Minnesota farm producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients produced on the premises.
YARD. Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD ABUTTING A STREET, SIDE. A yard adjacent to a street which extends along a side lot line between the front yard and rear property line. For the purposes of determining the required setbacks, a SIDE YARD ABUTTING A STREET is identified as a front yard in the dimensional standards of the district in which the yard is located.
YARD, FRONT. The area extending along the full length of a front lot line between side lot lines and to the depth required in the yard regulations for the district in which it is located. In the case of a corner lot abutting one or more streets, both yards shall be considered FRONT YARDS unless a specific standard is established by this chapter for a side yard of a corner lot abutting a public right-of-way.
YARD, REAR. A yard extending across the full width of the lot lying between the rear lot line of the lot and the nearest line of the principal building.
YARD, REQUIRED. That distance specified in the yard requirements pertaining to setbacks. SETBACKS and REQUIRED YARDS are used interchangeably.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
ZONING ADMINISTRATOR. The Zoning Administrator of the City of Mayer until otherwise designated by the City Council.
ZONING DISTRICT. An area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this chapter.
ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.
ZONING DISTRICT UNDERLYING (BASE). All zoning districts except overlay zoning districts.
ZONING MAP. The map setting forth the boundaries of the zoning districts of the City of Mayer which map is a part of this chapter.
(Ord. 251, passed 2-23-26)
