Menahga City Zoning Code
§ 151.04
DEFINITIONS.
Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purpose of this chapter, shall have the meanings and inclusions subjoined to them:
ACCESSORY FACILITY OR STRUCTURE. Relating to telecommunication facilities, any facility or structure serving or being used by or in conjunction with wireless telecommunication facilities or support structures, including but not limited to, utility or transmission equipment, storage sheds or cabinets.
ACCESSORY USE. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
ADMINISTRATOR. The person appointed as Zoning Administrator by the City Council, as provided by this chapter.
ADULT USE. The offering of merchandise or recreation, whether for sale or rental or loan, characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” on a limited scale that are incidental to the primary activity and goods and/or services offered by the establishment.
AIRPORT or HELIPORT. Any land or structure, which is used or intended for use, for the landing and takeoff of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.
ALLEY. A public right-of-way which affords secondary means of access to abutting property.
AMBIENT NOISE LEVEL. The background noise level prior to installing the wind energy conversion system.
ANIMALS.
(1) Domestic pets. Fish, dogs, cats, reptiles, birds, and similar animals.
(2) Domestic farm animals. Cattle, hogs, horses, bees, sheep, goats, chickens, and other commonly known farm animals.
ANS/TIA/EIA. American National Standard; Telecommunication Industry Association; Electronic Industrial Association.
ANTENNA. Any structure, device or system of electrical conductors, that transmit or receive electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips.
APARTMENT. A room or suite of rooms with cooking facilities available, which is occupied as a residence by a single family and including buildings with three or more dwelling units.
AUTO OR MOTOR VEHICLE REDUCTION YARD. A lot or yard where one or more licensed motor vehicles, or the remains thereof, are kept for more than seven days for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment.
AUTOMOBILE REPAIR, MAJOR. The general repairable building or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting service.
AUTOMOBILE REPAIR, MINOR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.
BASEMENT. A portion of a building located partly underground and having one-half or less of its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST. An owner-occupied residence where, for compensation, lodging and certain meals are provided to overnight guests.
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality best management practices that are the most effective and practical means of controlling, preventing and minimizing degradation of surface water including avoidance of impacts, construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. BEST MANAGEMENT PRACTICES referenced in this chapter are from the Minnesota Storm Water Manual as amended from time to time, published by the Minnesota Pollution Control Agency.
BLUFF. A topographic feature such as a hill, cliff or embankment, having all the following characteristics: (a) part or all of the feature is in a shoreland area; (b) the slope rises at least 25 feet above the ordinary high-water level of the water body; (c) the grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high-water level averages 30% or greater; and (d) the slope drains toward the water body.
BLUFF IMPACT ZONE. A bluff and land located within 30 feet from the top of the bluff.
BOARDING HOUSE. A building, other than a motel or hotel, where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.
BUFFER STRIP. Land area used to visibly separate one use from another, or to shield or block structures, noise, lights or other potential nuisances.
BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. When said structure is divided by party walls, without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING HEIGHT. The vertical distance from: (a) the average elevation of the adjoining ground level; or (b) the established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the highest gable on a pitched or hip roof.
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. BUILDING INTEGRATED SYSTEMS include, but are not limited to, active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat.
BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
CANNABIS. As defined by the State of Minnesota.
CARPORT. An automobile shelter having one or more sides open.
CELLAR. That portion of a building having more than one-half of the floor to ceiling height below the average grade of the adjoining ground.
CHILD CARE, CENTER. A facility that is maintained, for the whole or part of the day, for the care of five or more children who are 18 years of age or younger and who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term shall not include any facility licensed as a foster care home or any facility defined as a “child care, family home.”
CHILD CARE, FAMILY HOME. A primary residence where, for the whole or part of the day, an owner of the residence, licensed as a childcare provider, cares for five or more children who are 18 years of age or younger and who are not related to the owner, whether such facility is operated with or without compensation for such care.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained, and controlled by a religious body organized to sustain public worship.
CLUB or LODGE. A nonprofit association of persons who are bona fide members paying annual dues, use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available.
COLOCATION. The act of siting telecommunications facilities in the same location of the same support structure as other telecommunications facilities. COLOCATION also means locating telecommunications facilities on an existing structure (for example buildings, water tanks, towers, utility poles, etc.), without the need to construct a new support structure.
COLUMBARIUM (COLUMBARIA). An above-ground repository composed on niches designed for the purpose of interring the cremains of the deceased.
COLUMBARIUM INDIVIDUAL NICHE(S). An individual recess within a columbarium designated to contain the cremains of one deceased within a single cremation urn or container; or the cremains of two deceased within two cremation urns or containers.
COMMERCIAL FEEDLOT. An area where 15 or more animals per acre are fed solely for purpose of wholesale or retail sale.
COMMERCIAL KENNEL. Any premises where three or more dogs, at any one time, over six months of age, boarded, bred or offered for sale.
COMMERCIAL RECREATION. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing for amusement, dance hall, skating, theater, firearms range and similar uses.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS). A wind energy conversion system with a total nameplate generating capacity no less than 40 kilowatts but no greater than 100 kilowatts.
COMMISSION. The Planning Commission of the city.
COMMUNITY SOLAR GARDEN. A solar energy system 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, consistent with M.S. § 216B.1641 or successor statute. A COMMUNITY SOLAR GARDEN may be either an accessory or a principal use.
COMPREHENSIVE PLAN. Unless otherwise stated, the general plan for land use, transportation and community facilities prepared and maintained by the Planning Commission.
CONDITIONAL USE. The occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditions, modifications or regulations in such use districts for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the city, and therefore, may be permitted in such use district only by a conditional use permit.
CONDITIONAL USE PERMIT. A permit specially and individually granted by the City Council after review and recommendation by the Commission for any conditional use so permitted in any use district.
CONSTRUCTION OFFICE. The principal place of business used by a company or individual engaged in building or road construction, including on site fabrication of components, on site storage and maintenance of equipment.
CONTROLLED INTERSECTION. An intersection with two or more stop signs or traffic signals.
CURB LEVEL. The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.
DAYCARE FACILITY. Any facility, public or private, which for gain 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. DAYCARE FACILITIES include, but are not limited to, family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, development achievement centers, day treatment centers, adult daycare centers and day services.
DECK. A horizontal, unenclosed platform with or without attached railing, seats, trellises, or other features, attached or functionally related to a principal use or site.
DETENTION FACILITY. A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff which contains a permanent or semipermanent pool of water.
DEWATERING. Removal of water for construction activities.
DUPLEX, TRIPLEX, or QUAD. A dwelling structure on a single lot having two, three, or four dwelling units respectively being attached by common walls, and each unit being equipped with separate sleeping, cooking, eating, living, and interior sanitation facilities.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter including camping and recreational vehicle sites.
DWELLING UNIT. A structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons including rental or time share accommodations such as motel, hotel, resort rooms, and resort cabins. Any structure containing kitchen or bathroom facilities, or plumbing shall be considered a DWELLING UNIT.
DWELLING, SINGLE FAMILY. A dwelling unit totally separated from any other dwelling unit.
DWELLING, MULTI-FAMILY. Two or more dwelling units attached together by any point including duplexes, triplexes, townhouses, and multi-level units regardless of type of ownership.
DWELLING, GUEST QUARTERS. A structure used as a dwelling unit that may contain sleeping spaces and/or kitchen and/or bathroom facilities in addition to those provided in the primary dwelling unit on a lot; dependent upon the principal structure for primary utilities, services, entrance, parking, and accesses; and not for rent or lease. Any accessory structure containing kitchen or bathroom facilities or plumbing.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.
FAA. Federal Aviation Administration.
FCC. Federal Communications Commission.
FALL ZONE. The area, defined as the furthest distance from the wind energy conversion system base, in which the system will collapse in the event of a structural failure.
FAMILY. An individual, or two or more persons each related by blood, marriage or adoption living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household.
FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure.
FINAL STABILIZATION. All soil disturbing activity is completed, and exposed soils have been stabilized with a permanent vegetative cover with a density of 70% over the entire site.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, including interior balconies, mezzanines, basements and attached accessory buildings, excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space.
FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building or buildings are located.
FORESTRY. The management, including growing or harvesting of a forest, woodland or plantation, including the construction, alteration or maintenance of woods, roads and landings, and related research and educational activities.
FRONT YARD. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.
GARAGE, PRIVATE. A detached accessory building, or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or trucks.
GARAGE, REPAIR. A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.
GENERAL FLOOR PLANS. A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
GROUND MOUNTED SOLAR ENERGY SYSTEM. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure. Garages, carports, or similar structures that incorporate building-integrated or building-mounted solar energy systems shall not be classified as ground-mounted solar energy systems and shall instead be subject to regulations governing accessory structures.
HEIGHT. The distance measured from ground level to the highest point on a tower or structure, including any antennas.
HOBBY. An activity or interest pursued outside of one's regular work primarily for pleasure.
HOME OCCUPATION. The accessory use of a home for a business or commercial enterprise, engaged in by the person residing in that unit. The use must be incidental and secondary to the principal residential use of the dwelling unit and must not change the residential character of the dwelling unit or adversely affect the character of the surrounding neighborhood. HOME OCCUPATION does not refer to a hobby.
HOTEL. A building having provision for nine or more guests in which lodging is provided, with or without meals, for compensation, and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
HOUSE/BUILDING NUMBERS. A set of numbers or letters with a minimum height of four inches that are visible from across the street or avenue that specifies the street address of the house or building.
HUB HEIGHT. When referring to a wind turbine, the distance measured from ground level to the center of the turbine hub of a wind energy conversion system.
HYDRIC OR HYDROPHILIC SOILS. Soils which have an affinity for water or swell and are not easily coagulated, such as colloids.
HYDROPHYTIC VEGETATION. Vegetation which has an affinity to thrive under saturated or nearly saturated conditions.
INTERIM USE. A temporary use of property to which reasonable conditions may be attached and which will expire on a certain date or after a certain event, or until zoning regulations no longer permit it.
INTERIM USE PERMIT. A permit specially and individually granted by the City Council after review and recommendation by the commission for any interim use so permitted in any use district.
INTENSIVE VEGETATION CLEARING. The substantial removal of more than 25% of trees or shrubs in a contiguous patch, strip, row, or block within 100 feet of the ordinary high-water mark of a river.
JUNKYARD. An area where used, wasted, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with permitted manufacturing process when within an enclosed area or building shall not be included. Such use shall not include organic waste or material.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City of Menahga's jurisdiction including construction, clearing, grubbing, grading, excavating, transporting, and filling of land.
LANDINGS. A flat area of a stairway and does not include boat landings.
LANDSCAPING. Plantings, such as trees, grass, and shrubs.
LIFTS. A mechanical conveyance for access up and down a slope and does not mean boat lift.
LOT. A parcel of land occupied or used or intended for occupancy or used by a use permitted in this chapter, abutting on a public street, and of sufficient size to provide the yards required by this chapter.
LOT AREA. The area of lot in a horizontal plane bounded by the lot lines.
LOT CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.
LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street and, in case of a corner lot, it shall be the shortest dimension on a public street, except that a corner lot in a nonresidential area shall be deemed to have frontage on both streets. A lot line abutting a controlled access highway from which there is not direct access to the lot shall not be deemed a front lot line for the purposes of building or structure setback requirements.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. In the case of a corner lot or other lot with more than one front lot line, the REAR LOT LINE shall be opposite the front lot line of the shortest dimension, or as otherwise determined by the Zoning Administrator after considering the layout of the lot in relation to surrounding lots. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A parcel of real property in separate ownership as shown by the real estate records of the Wadena County Recorder as of January 1, 1981.
LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a THROUGH LOT, both street lines shall be front lines for applying this chapter.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured parallel to the front lines of the lot at the front building setback line.
MANUFACTURED HOME. A manufactured home used for living purposes that is transportable in one or more sections and is less than 24 feet in width, with or without a permanent foundation.
MANUFACTURED HOME PARK. Any premises on which are parked two or more occupied manufactured homes, or any premises used or held out for the purpose of supplying to the public a parking space for two or more such trailers; does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for purposes of inspection or sale.
MANUFACTURING, HEAVY. All manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to, the following: sawmill, papermills, boat manufacturing, refineries, commercial feedlots, acid, cement, explosives, flour, feed and grain milling or storage, meat packing, slaughterhouses, coal or tar asphalt distillation, rendering of fat, grease, lard or tallow, alcoholic beverages, poisons, exterminating agents, glue or size, lime, gypsum, plaster of paris, tanneries, automobile parts, paper and paper products, glass, chemicals, crude oil and petroleum products, including storage, electric power generation facilities, vinegar works, junkyard, auto reduction yard, foundry, machine shop, forge, casting of metal products, rock, stone and cement products, and including all uses permitted in the I-1 Industrial District.
MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment or assembly of products and materials, provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influences that extend beyond the lot on which the use is located. Generally, these are industries dependent upon raw materials refined elsewhere. Such uses include, but are not limited to, the following: lumberyards, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair, bodywork and painting, contractors' shops and storage yard, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts.
METEOROLOGICAL TOWER (MET). A tower and associated equipment used primarily to measure wind speed and directions; plus other pertinent data relevant to siting a wind energy conversion system.
MOTOR COURT, MOTEL HOTEL OR MOTEL. A building or group of buildings, other than a hotel, used primarily as a temporary residence of a motorist.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is transferred and stored for movement in intrastate or interstate shipment by motor truck.
MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sales of petroleum products, sales and servicing of tires, batteries, automotive accessories, and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repair.
MOTOR FUEL STATION CONVENIENCE STORE. A store operated in conjunction with a major motor fuel station or truck stop for the purpose of offering for sale goods not essential to the motoring public.
MPCA. Minnesota Pollution Control Agency.
NONCOMMERCIAL WIND ENERGY CONVERSION SYSTEM (NCWECS). A wind energy conversion system no greater than 40 kilowatts in total nameplate generating capacity.
NONCONFORMING STRUCTURE. Any structure which is legally existing upon the effective date hereof, which would not conform to the applicable zoning laws and restrictions if the structure were to be erected under the provisions of this chapter.
NONCONFORMING USE. The use of land, buildings, or structures legally existing at the time of adoption of this chapter, which does not comply with all the regulations of this chapter, or any amendments hereto, governing the zoning district(s) in which such use is located.
NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction or can cause detrimental effects on the physical or economic wellbeing of individuals.
NPDES. National Pollutant Discharge Elimination System.
NUDE or NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the areola.
NURSERY, DAY. A use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day.
NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants and shrubs, and which may be conducted within a building or without.
NURSING HOME. A private home for the care of children or the aged or infirm, or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illnesses or infirmities.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease or trade, where such goods are not enclosed within a building.
OPEN STORAGE. Storage of any material outside of a building.
OPEN USE. The use of a lot without a building or including a building incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.
ORDINARY HIGH-WATER LEVEL/MARK. The highest level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The DNR has determined the OHWL at 1,383.75 on Spirit Lake. The ORDINARY HIGH-WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high-water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters, and sloughs.
OUTDOOR BOILERS. A freestanding combustion unit located outside the home or structure to be heated that consists of a firebox surrounded by a reservoir.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building of sufficient size to store one standard automobile.
PARTY WALL. A wall which divides two independent structures.
PERFORMANCE STANDARD. The criterion established to control noise, odor, toxic or noxious matter, vibration, fire, and explosive hazards; or glare or heat generated by or inherent in uses of land or buildings.
PERMANENT COVER. Final stabilization.
PERMITTED USE. A public or private use which, of itself, conforms with the purposes and objectives of a particular district which conforms with all requirements, regulations and performance standards (if any) of such districts.
PLANNED UNIT DEVELOPMENT (PUD). An urban development having two or more principal uses or structures on a single lot and developed according to an approved plan.
PORTABLE STORAGE UNIT. A storage unit designed, constructed, or reconstructed so as to be capable of movement via towing, hauling or attachment to a vehicle from one site to another and designed to be used without a permanent foundation. PORTABLE STORAGE UNITS shall include semi-trailers and similar units which have been modified to make them unable to be readily transported from one location to another. Storage buildings constructed on skids, properly licensed fish houses and other similar structures designed for common use as residential storage structures shall not be considered PORTABLE STORAGE UNITS for the purposes of this chapter.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
PROPERTY LINE. The surveyed and legal boundaries of a parcel of property, which may also coincide with a right-of-way of a road, cartway and the like.
PUBLIC HEARING. A meeting where data on a particular topic is heard, and said time, date, location of meeting and topic has been advertised in the official newspaper of the city prior to hearing.
PUBLIC LAND. Land owned or operated by municipal, school district, county, state or other governmental units.
PUBLICATION. Notice placed in the official city newspaper stating time, location and date of meeting and a description of the topic.
REAR YARD. A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
RECREATION EQUIPMENT (IN RESIDENTIAL DISTRICTS). Play apparatus, such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and recreational vehicles not exceeding 26 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures but not including tree houses, swimming pools, playhouses exceeding 25 square feet of floor area, or sheds utilized for storage of equipment.
RECREATIONAL VEHICLE. Any type of structure or vehicle which can be readily adapted to or does provide facilities for a person to eat or sleep, which is mounted on wheels or has provisions for wheels, such as a motor home, travel trailer, camper or converted vehicle.
RESIDENTIAL FACILITY. Any facility, public or private, which for gain regularly provides one or more persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. RESIDENTIAL FACILITIES include, but are not limited to, state institutions under the control of the Commissioner of Human Services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults or schools for handicapped children.
RETAIL SHOPPING. Stores and shops selling goods and services to the general public.
RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent or semi-permanent pool of water.
ROOF MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to a principal or accessory building.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades of the wind energy conversion system.
SEDIMENT CONTROL. Methods employed to prevent sediment from leaving the site.
SEMI-NUDE. A state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple of the female breast, as well as portion of the body covered by supporting straps or devices.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high-water level, sewage treatment system, top of bluff, road, highway, property line or other facility. Three feet of roof overhang, stoops not exceeding 30 square feet and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK INTERIOR LOT. The closest horizontal distance between the lot line and the foundation or wall of a structure when the lot line is not the exterior boundary of the development. Three feet of roof overhang, stoops not exceeding 30 square feet and not protruding over six feet from the foundation and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK SIDE, EXTERIOR. The closest horizontal distance between the exterior boundary side lot line and the foundation or wall of a structure. This setback takes precedence over setback, interior lot, where any conflict exists. Three feet of roof overhang, stoops not exceeding 30 square feet and not protruding over six feet from the foundation and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK ROAD. The closest horizontal distance between the road right of way line and the foundation or wall of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet and not protruding over six feet from the foundation and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK WATERFRONT. The closest horizontal distance between the ordinary high-water mark and the foundation or wall or edge of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet and not protruding over six feet from the foundation and steps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK PUMP. The distance from the street right-of-way line to the centerline of the motor fuel station pump island measured as perpendicular distance from the right-of-way.
SHELTER, FALLOUT or BLAST. A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms, or other emergencies.
SIDE YARD. A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.
SIGN. Any written announcement, declaration, demonstration, display, illustration, insignia, or illumination used to advertise or promote the interest of any person when the same is displayed or placed out of doors in view of the general public and shall include every detached sign.
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use.
SIGN, GROSS AREA OF. The area within the frame shall be used to calculate the gross area, except that the width of the frame in excess of 12 inches shall be added thereto. When letters or graphics are mounted without a frame, the gross area shall be the area bounded by straight lines six inches beyond the periphery of said letters or graphics. Each surface utilized to display a message or to attract attention shall be measured as a separate sign. However, only one side of double faced signs shall be measured in computing the gross area thereof.
SIGN ILLUMINATED. Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes.
SIGN, NAMEPLATE. Any sign which states the name or address or both, of the business or occupation of the lot where the sign is placed, or may be a directory listing the names, address, and business of occupants.
SIGNIFICANT CULTURAL SITE. Any archaeological or historic site, standing structure or any other property that: (a) is listed on the National Register of Historic Places; (b) is listed in the State Register of Historic Sites; (c) is determined to meet the qualifications for listing on the National Register of Historic Places or the State Register of Historic Sites after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society; or (d) is determined by the City Council to be a significant local heritage preservation landmark.
SMALL WIRELESS FACILITY. The meaning given in M.S. § 237.162, Subdivision 11, as amended from time to time.
SOLAR COLLECTOR SURFACE. Any part of a solar energy system that absorbs solar energy for use in the system’s transformation process. The collector surface does not include frames, supports, and mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device or structural design feature intended to provide for the collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating.
SOLAR ENERGY SYSTEM, GROUND MOUNTED. A solar energy system that is installed onto the ground directly or by means of brackets or poles.
SOLAR ENERGY SYSTEM, ROOF MOUNTED. A solar energy system mounted to the roof of a dwelling or other building.
STAIRWAYS. Any structure providing access up or down a slope.
STEEP SLOPE. Land where agricultural activity or development is 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. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12% or more, and that are not bluffs.
STORM WATER. Defined under Minn. Rules 7077.0105, subd. 41(b), and includes precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage.
STORMWATER MANAGEMENT PLAN. The plan that a designer formulates to manage urban stormwater runoff for a particular project or drainage area. It typically addresses such subjects as characterization of the site development grading plan; peak rates of runoff, flow duration, runoff volumes for various return frequencies; locations, criteria and sizes of detention or retention ponds and conveyances; runoff control features; land parcels, easement locations, opinions of probable costs, measures to enhance runoff quality, salient regulations, and how the plan addresses them, and consistency with secondary objectives such as public recreation, aesthetics, public safety, and groundwater recharge. It is usually submitted to regulatory officials for their review for adoption.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story.
STREET. A public right-of-way not less than 60 feet in width which affords a primary means of access of abutting property, and shall also include avenue, highway, or road, excepting existing public rights-of-way of lesser width.
STREET SIDE GROUND FLOOR DWELLING UNITS. A dwelling unit contained within a larger building structure which is designed or used for purposes of permanent or temporary residency.
STRUCTURE. Anything erected, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground telecommunications located or installed on or adjacent to a tower or antenna support structure. The term does not include: (a) a satellite earth station antenna two meters in diameter or less located in an Industrial or Commercial District; (b) a satellite earth station antenna one meter or less in diameter, wherever located; and (c) a tower.
TOTAL HEIGHT. When referring to a wind turbine, the distance measured from ground level to the blade extended at its highest point.
TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof, that is designed and constructed primarily for the purpose of supporting one or more antennas, electrical generator, rotor blades or meteorological equipment, including guy towers, monopole towers and self-supporting lattice towers, including any support thereto.
TOWER ACCESSORY STRUCTURE. A structure located at the base of a tower for housing base on transmitting equipment.
TOWER HEIGHT. The total height of a wind energy conversion system exclusive of the rotor blades.
TRUCK STOP. A motor fuel station devoted principally to the needs of tractor trailer units and trucks, and which shall include eating and/or sleeping facilities.
USE. The purpose of activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity or defined by the performance standards of this chapter.
VARIANCE. A legally permitted deviation from the provisions of this chapter as deemed necessary by the Board of Adjustment when the applicant has demonstrated there are practical difficulties in complying with the code. Variances cannot create a land use not permitted in a zone.
VEGETATIVE BUFFER. A strip of well rooted, natural, chemically untreated vegetation, the width of which is set forth in this chapter, consisting of a mixture of grasses, shrubs, and trees, immediately adjacent to the ordinary high-water level.
VETERINARY. Those uses concerned with the diagnosis, treatment, and care of animals, including animal or pet hospitals.
WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.
WETLANDS. Lands in transition between terrestrial and aquatic systems where the water table is at or near the surface or the land is covered by shallow water. WETLANDS are characterized by hydric soils, saturated, or inundated with surface water, have a frequency or duration of hydrophytic vegetation or support a prevalence of such vegetation under normal circumstances. WETLANDS may be counted toward green space in a planned unit development.
WHOLESALING. The selling of goods, equipment, and materials by bulk to another business that in turn sells to the final customer.
WIND ENERGY CONVERSION SYSTEM (WECS). Any device or facility, such as a wind charger, windmill or wind turbine, consisting of one or more wind turbines under common ownership or operating control, and may include power lines, transformers, substations, meteorological towers, cables/wires and other buildings accessory to such facility, whose main purpose is to convert wind energy into electrical energy to supply electricity to an off-site customer or on site to an individual system owner/property owner.
WIND TURBINE. Any piece of electrical generating equipment which captures and converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base and pad transformers, if any, and other related equipment.
WIRELESS COMMUNICATIONS. Any “personal wireless services,” as defined by the Federal Communication Act of 1996, including FCC-licensed commercial wireless telecommunications services, such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communications (GSM), paging and similar services that currently exist or may be developed.
WIRELESS FACILITIES. The meaning given in M.S. § 237.162, Subdivision 13, as amended from time to time.
WIRELESS SUPPORT STRUCTURE. The meaning given in M.S. § 237.162, Subdivision 16, as amended from time to time.
YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter. A YARD shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
ZONING DISTRICT. An area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing use are uniform.
(Ord. passed 12- -24)