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Victoria City Zoning Code

SECTION 16

IN GENERAL


Editor's note
— Ord. No. 420, § 1, adopted July 24, 2017, repealed the former Art. I, §§ 109-1—109-3, and enacted a new Art. I as set out herein. The former Art. I pertained to similar subject matter and derived from Code 1975, §§ 401:00, 403:00, 480:07; Code 1998, §§ 30-1,30-2,30-3; Ord. No. 197, § 1, adopted Jan. 20, 1994; Ord. No. 202, § 5, adopted Aug. 23, 1994; Ord. No. 230, § 1, adopted Oct. 3, 1996; Ord. No. 239, § 1, adopted April 3, 1997; Ord. No. 240, § 1, adopted May 1, 1997; Ord. No. 255, § 1, adopted July 24, 1997; Ord. No. 285, § 1, adopted Jan. 27, 2000; Ord. No. 346, adopted Feb. 22, 2007; Ord. No. 359, adopted March 27, 2008; Ord. No. 371, adopted Jan. 11, 2010; Ord. No. 398, adopted March 7, 2016.

Sec 16-1 Definitions

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign or sign structure that is located on a building or property that has been vacant or unoccupied for a period of three months or more or a sign which pertains to a time, event, or purpose that no longer applies. 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 six months.

Accessory apartment means a secondary dwelling unit established in conjunction with and subordinate to a primary dwelling unit, whether as part of the same structure and primary dwelling unit or a detached dwelling unit on the same lot.

Accessory dwelling unit means a residential dwelling unit located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building.

Accessory use means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

Accessory storage, outdoor means an accessory structure that is used for the storage, including open storage, of goods, materials, equipment, manufactured products, vehicles, and similar items not fully enclosed by a building, for an indefinite period of time.

Accessory storage shed means a subordinate structure detached from a principal use for storage of domestic supplies and goods.

Administrative official means the person determined by the city manager or community development director.

Advertising balloon means any inflatable temporary sign.

Affordable housing means housing units where the occupant is paying no more than 30 percent of gross income for housing costs, including taxes and utilities.

Agricultural use means the use of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops, or feeding, breeding, managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including but not limited to, providing riding lessons, training clinics and schooling shows.

Alley means an unnamed public or private right-of-way less than 22 feet wide that is primarily designed to serve as secondary access to the rear or side of those properties whose principal frontage has access from a different street.

Alteration means any major alteration to a sign, but shall not include routine maintenance, painting or change of the sign face of an existing sign.

Animal hospital means a building used by veterinarians primarily for the purposes of the consultation, diagnosis and office treatment of household pets, but shall not include long-term board facilities for animals nor kennels.

Animal kennel means a commercial place where a person, firm, or corporation accepts animals from the general public and where such animals are kept for the purposes of selling, boarding, breeding, training, treating or grooming.

Annexation means the act or process of adding land to a governmental unit, usually an unincorporated place, by an ordinance, a court order, or other legal action.

Apartment building means a building or structure arranged, intended, and designed to be occupied by three or more families living independently of each other, and each including its own separate kitchen and bathroom accommodations.

Apparel fabrication means the process of transforming raw materials (fabric, thread, etc.) into finished apparel products, from cutting and sewing to quality control and packaging.

Auto repair, major means general repair, rebuilding of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Auto repair, minor means the replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service.

Automatic Teller Machine (ATM) means a computerized electronic machine that performs basic banking functions (such as handling check deposits or issuing cash withdrawals).

Automotive services means any building or premises used for the dispensing or sale of lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries, and minor accessories, minor automobile repairs, and greasing or washing of individual automobiles.

Automotive sales, indoor only means a business that sells new or used cars, at the retail level, based on a dealership contract with an automaker or its sales subsidiary. Car dealerships also often sell spare parts and automotive maintenance services. All sales and services are performed within a primary or accessory structure.

Awning means a covering attached on the façade of a building which projects typically over a door, window, or sidewalk.

Awning sign means a sign affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning.

Banner sign means a temporary sign that is made of flexible material, contains a message, and is not inflatable.

Basement (lower level) means that portion of a building located partially underground but having half or less than half of its floor-to-ceiling height below the average grade of the adjoining ground.

Billboard means a large outdoor advertising structure mounted on one or more legs and designed to display posters, composite graphics and/or electronic advertisements.

Board of adjustment and appeals means a quasi-judicial body whose principal duties are to hear and decide matters related to variances and the strict application of the zoning code and to grant special exceptions and conditional uses as provided by law.

Brewery means a location where a brewer licensed under section Minnesota Statutes 340A.301, who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer.

Brewpub means a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in section 340A.24, subdivision 2.

Building height means the vertical distance between the ground elevation abutting a building and the midpoint elevation of the highest gable of a pitched or hipped roof.

Building, principal means a building in which the primary use of the lot on which the building is located and conducted.

Building setback line means the minimum distance prescribed by Code between any property line and the closest point of the foundation or any supporting post or pillar of any related building or structure.

Bulk regulations means the standards and controls that establish the minimum and maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including impervious surface coverage, setbacks, height, and yard requirements.

Cannabis cultivation means a cannabis business licensed to grow cannabis plants within the approved amount of space from seed to immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flow for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other action approved by the Office of Cannabis Management.

Cannabis retail business means a retail location and the retail location(s) of a mezzobusiness with a retail operations endorsement, microbusiness with a retail operations endorsement, medical combination business operating a retail location including lower potency hemp edible retailers.

Cannabis retailer means any person, partnership, firm, corporation, or association, selling, cannabis productions to a consumer and not for the purpose of resale in any form.

Cantilever is a rigid structural element with perpendicular connection to a flat vertical surface. Cantilevers may encroach into a required setback by two feet in depth away from the principal structure. Overhang eaves not supported by posts or pillars which do not encroach more than three feet into the setback are permitted.

Car rental means the process of renting or hiring a motor vehicle for a predetermined period of time; generally by hours, days, weeks, or months.

Car wash means a building or location specifically for the cleaning the exterior and or interior of a motor vehicle.

Central business district means the major downtown center of a community.

Cemetery or memorial garden means the land used for the burial or memorialization of the dead.

Certificate of occupancy means the written approval of the building official certifying that a newly constructed structure, addition to an existing structure, or existing structure undergoing a change in use is in full compliance with the provisions of this ordinance and that such structure is habitable and in conformance with all applicable building codes and regulations.

Changeable copy message board means a sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include dynamic display signs.

Cluster development means development that divides land into individual lots that may be reduced in order to gain common open space.

Commercial kitchen means a professional kitchen that is designed for large scale food production such as a catering company. This use does not include the manufacturing of products to be prepared, cooked, or produced off-site.

Commercial speech means advertising a business, profession, commodity, service, or entertainment.

Commercial use antenna means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of a building.

Community center means a place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational, public health, and recreational activities provided.

Conceptual development plan means a conceptual design by a land developer of a proposed land division for discussion purposes.

Conditional use means a permit which may be granted under the provisions of this title which authorizes a particular use to be made a specific property, subject to compliance with all the terms and conditions contained in the permit.

Condominium complex means a multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities.

Contract service businesses means a business which provides professional skilled labor such as yard maintenance, trade skilled labor, and office and at-home cleaning services. Does not include landscaping services.

Convenience store means a store with extended opening hours and in a convenient location, stocking a limited range of household goods and groceries.

Convention center means a building or set of buildings designed to hold many people and used for meetings.

Corner lot means a lot located at the intersection of two or more streets. A corner lot is considered to have two front yards and both sides abutting a street are required to meet required front yard setbacks of the zoning district.

Country club means a club with recreation facilities for members, their families, and invited guests.

Curb means a stone or concrete boundary usually making the edge of a roadway or paved area.

Day care means a daytime care facility for the needs of people who cannot be fully independent, such as children or adults.

Decibel means a unit of measurement of the intensity of sound level.

Deck means a roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure. A deck shall be considered part of the principal structure if attached to or directly abutting the principal structure, constructed with frost footings and/or greater than 30 inches above grade. A deck is subject to setbacks of the prinicipal structure.

Density, gross means the numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land within a development.

Density, net means the total number of dwelling units divided by the net project area. Net acreage does not include land covered by wetlands, water bodies, public parks and trails, public open space, arterial road rights-of-way, and other undevelopable acres identified in or protected by local ordinance such as steep slopes.

Detached garage means a building or structure not attached to a principal use by common vertical walls, used or designated to be used for the parking and storage of vehicles.

Development agreement means a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying the standards and conditions that will govern the development of the property.

Directional information sign means a sign, generally informational, that has a purpose secondary to the use of the property upon which it is located, intended to facilitate the movement of pedestrians and vehicles within the site and identify the location and nature of a building not readily visible from the street.

District means the land use or zoning districts as designated on an official land use or zoning map of the city and described in the district regulations.

Drive-thru or drive-in means a business offering goods or services directly to customers waiting in parked motor vehicles.

Duplex means a single residential building consisting of two residential units.

Dwelling means a building or part of a building that contains living, sleeping, cooking accommodations, and sanitary facilities for occupancy of one or more families.

Dwelling, multifamily (apartment or condominium) means any building or portion thereof containing three or more rooms or suites which is designed, built, rented, leased and which is occupied at the same time for residence of families or individuals living independently of each other. The units may be attached horizontally, vertically, or both.

Dwelling, rowhome means a multifamily structure consisting of a series, three or more, of attached one-family dwelling units connected by one or more common sidewalls and forming a continuous building with each dwelling unit owned independently.

Dwelling, single family means a standalone home maintained and used as a single-family dwelling unit.

Dwelling, two family (duplex, double bungalow) means a residential structure consisting of two (2) dwelling units only.

Dwelling, townhome means a multi-family structure consisting of a series, three or more, of attached one-family dwelling units connected by one or more common sidewalls and/or rear walls, forming a continuous building with each one-family dwelling unit owned independently.

Dwelling unit means a single unit providing a complete, independent living facility for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dynamic display sign means a billboard or portion thereof that displays electronic static or dynamic text, images, graphics, or pictures where the message change sequence is accomplished by any method other than physically or mechanically removing and replacing the sign face or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the billboard. This includes a display that incorporates a technology or method allowing the sign face to change the image without physically or mechanically replacing the sign face or its components. This also includes, but is not limited to, any display that incorporates light bulbs, fiber optics, LED lights manipulated through digital input, "digital ink", or any other method or technology that allows the sign face to present a series of text, images, or displays.

Educational institutions means a building which primary provides educational services.

Educational services means a service which provides instruction and training for a specific purpose.

Electric vehicle (EV) charging station means a parking areas designated for the charging of EVs.

Entertainment business, indoor means any business that provides primarily indoor entertainment of some kind or is involved in the entertainment industry. The entertainment industry includes many sub-industries, such as film, music, television, gaming, sports, and more. The entertainment business can also include the mass media companies that control the production and distribution of entertainment content.

Entertainment business, outdoor means any business that provides primarily outdoor entertainment of some kind or is involved in the entertainment industry. The entertainment industry includes many sub-industries, such as film, music, television, gaming, sports, and more. The entertainment business can also include the mass media companies that control the production and distribution of entertainment content.

Equipment and supplies rental means the process of renting equipment or supplies for a predetermined period of time; generally by hours, days, weeks, or months.

Facility, day care means a facility or dwelling unit that provides care for children or adults that do not reside in the facility, are present during daytime hours, and do not regularly stay overnight that may include some instruction.

Facility, private recreational means a recreational facility only open to members and guests of the private organization operating the facility.

Facility, residential care means a facility that provides primarily nonmedical resident services to individuals in need of personal assistance essential for activities of daily living.

Facility, state-licensed residential means a state-licensed and mandatory residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time.

Family means two or more persons related to each other by blood, marriage, or legal adoption living together as a single housekeeping unit; or a group of not more than three persons who need not be related by blood, marriage, or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit.

Fee schedule means a payment of funds to the city for any of the applications or other entitlements as determined by the city council.

Fence means an enclosure or barrier for protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.

Final development plan means a final design of a proposed plan with supported data prepared for development containing those elements and requirements as set forth for final development plans in this Code.

Financial institution means a company engaged in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange.

Fitness and recreation means a location that provides recreational activities such as a gymnasium, workout center, walking/running trails, or similar such activities.

Flags means any device generally made of flexible materials, such as cloth, and displayed on strings containing distinctive colors, patterns, or symbols.

Flashing sign means  an illuminated sign which contains flashing lights.

Foot-candle means a unit of measurement referring to illumination incident to a single point. One foot candle is equal to one lumen uniformly distributed over an area of one square foot.

Freestanding sign means a sign that is placed in the ground and not affixed to any part of any structure.

Frontage means the façade of the building that abuts the required front yard as stipulated in this zoning code.

Garden center means an establishment where plants and gardening equipment are sold.

Gas pumps means a piece of equipment installed in a gas station to dispense gasoline into the fuel tank of a motor vehicle.

Garage means a building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles.

Golf course means a tract of land with at least nine holes for playing a game of golf with tees, greens, fairways, and hazards. A golf course can include a clubhouse and shelters as accessory uses.

Grading, excavating means removal, excavating or grading of 100 cubic yards or more of dirt, earth, gravel, sand, clay or other material or a combination of materials on a parcel of land, unless approved as part of the subdivision plan, planned unit development, public improvement project or as part of an approved building permit which includes a plan for grading or excavating.

Graffiti means unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratching, or etchings are visible from premises open to the public.

Greenhouse means a building, or part thereof, or structure used to grow crops or plants for commercial sale in a controlled environment.

Grocery store means a retail store that sells perishable and nonperishable food supplies and certain nonedible household items, such as soaps and paper products.

Ground grade means the elevation of the ground closest to the sign to which reference is made.

Group home means an establishment qualified for a license by the State of Minnesota which provides resident services to individuals of whom are unrelated. The individuals are handicapped, aged, or disabled, are undergoing rehabilitation or extended acre, and are provided services to meet their needs.

Hardship means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Code.

Heliport, minor means a small-scale heliport with minimal facilities that include a marked landing pad, protective fencing, and a wind sock. It is often intended to serve corporate and medical-service helicopters. Certain navigational aids may be provided. Tiedown space for storage is not usually available.

Hospital means an institution providing examination, diagnosis, treatments, and or surgical treatment for patients. Also includes inpatient and outpatient care.

Hotel means a facility offering transient lodging accommodations consisting of ten or more units to the general public and oftentimes providing additional services such as food, meeting rooms and recreational facilities.

Illuminated sign means a sign that is illuminated by an artificial light source.

Impervious surface/Lot Coverage means the area of a lot occupied by buildings, accessory structures in excess of 200 square feet, parking areas and all paved, concrete, asphalt and gravel surfaces. Buildings shall be measured at the outer edge of the foundation line. Lot coverage shall not include projections for permeable patios, permeable walkways, fences, walls and open patterned decks and stairways that are installed over a permeable surface. The surface area of any swiming pool permitted prior to November 9, 2020 shall not count toward a lot's impervious surface maximums.

Diagram of a Lot to determine impervious surface

Junk means any worn out or discarded materials including but not necessarily limited to scrap metal, inoperable motor vehicles and parts, construction materials, household wastes, including garbage and discarded appliances and yard debris.

Junkyard means any lot or parcel, building, or structure used in whole or in part for the storage, collection, processing or disposal of junk.

Kennel means a place where four or more dogs or four or more cats over four months of age are owned, boarded, bred or offered for sale.

Landfill means filling, placement or grading of 100 cubic yards or more of dirt, earth, gravel, sand, clay or other material or a combination of materials on a parcel of land.

Letter of credit means a letter issued by a bank to serve as a guarantee for payments made to a jurisdiction under specified conditions.

Library means a collection of books, periodicals, films and recorded music for people to read, borrow, or refer to.

Livestock means any animals or poultry or other fowl except dogs, cats and birds owned by the resident of the premises and kept as pets, but not for commercial sale, except incidental to their character as pets.

Loading dock means an area measuring at least 12 feet wide which provides a portal for a truck through the outside wall of a building. The portal could be through a door, which allows the truck to either enter into the building or which allows the truck to the edge of the building or to a dock at the building with a portal into the building.

Loading space means that portion of a lot or plot designed to serve the purpose of loading and/or unloading all types of vehicles.

Lot means land occupied or to be occupied by a building and its accessory building and having its principal frontage upon a street or officially approved place.

Lot area means the total area bounded by lot lines excluding dedicated public rights-of-way.

Lot, corner means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street two chords of which form an angle of 120 degrees or less, measured on the lot side.

Lot, double frontage means the boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line. On a lakeshore lot there shall be two front lot lines, one on the street side, the other on the lakeside.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, non-riparian means a non-riparian lot does not include shoreland and does not directly abut a body of water. A buffer often separates the lot from a water body.

Lot of record means a lot that is part of a recorded subdivision or a parcel of land that has been recorded at the county recorder's office containing property tax record.

Lot, riparian means land that has shoreland and directly abuts a body of water.

Lot width means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the established front building line.

Lower level (basement) means that portion of a building located partially underground but having half or less than half of its floor-to-ceiling height below the average grade of the adjoining ground.

Lower-potency hemp edible means as defined under Minn. Stat. 342.01 subd. 50.

Manufacturing means uses which include the compounding, processing, packaging, treatment or assembly of products and materials.

Marquee sign means an awning or canopy with removable text, images, or other informational material for the purpose of messaging.

Medical clinic means a health facility that is primarily focused on the care of outpatients.

Microbrewery means a limited-production brewery, typically producing specialty beers and often selling its products only locally.

Microdistillery means a distillery operated and licensed under Minnesota Statutes Chapter 340A.

Minimum floor area means the sum of the areas of the floors of a building used for human occupancy. Cellars, unenclosed porches, attics not used for living space, space in an accessory structure, and area intended for motor vehicle storage are not considered for the calculation of minimum floor area.

Mixed land use means the development of a parcel of land with two or more uses including but not limited to residential, commercial, industrial within the same zoning classification arranged vertically or horizontally.

Monument sign means a sign not supported by exposed posts or poles located directly at the grade where the width dimension of the architecturally designed base is 50 percent or more of the greatest width of the sign face.

Motor vehicle sales, multiple licensed dealer means the sale or trade of new or used motor vehicles or the possession of new or used vehicles for sale or trade at a business location that includes more than one dealer licensed by the State of Minnesota.

Motor vehicle sales, single licensed dealer means the sale or trade of new or used motor vehicles, whether cars, trucks, buses, campers, motorcycles, or other motorized vehicles, including the display of new or used vehicles, or the possession of new or used vehicles for sale or trade at a business location that includes one dealer licensed by the State of Minnesota.

Multifamily means a building or structure arranged, intended, and designed to be occupied by three or more families living independently of each other, and each including its own separate kitchen and bathroom accommodations.

Multiple tenant building means a commercial building containing two or more tenants.

Municipal facilities means services traditionally provided by local government, including water and sewer, roads, parks, schools, and police and fire protection.

Mural means a design, image, or expression on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to, paintings, markings, and etchings and does not include any on or off-site advertisement or promotion of a business or product.

Museum means a building in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.

Noncommercial speech means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, or informational topics.

Nursing home means a home licensed by the state of Minnesota for the aged or chronically or incurably ill persons in which food, shelter, and care are provided devoted to the treatment of the sick, elderly or injured.

Off-premises sign means a sign that directs attention to a use or activity that is not located upon the premises where the sign is located or to which it is attached.

Office and administrative services means a location primarily for the purposes of providing office space in a professional setting.

Official map means a map, adopted by the city council through the comprehensive plan showing existing streets and approved proposed streets, parks, and other public places.

Office of Cannabis Management means Minnesota Office of Cannabis Management and may be referred to as "OCM" within this section.

On-premises sign means a sign that directs attention to a use or activity that is located upon the premises where the sign is located or to which it is attached.

Outdoor dining area means a dining area located adjacent to a business for the purpose of expanding the indoor dining area to outside of the principal building.

Outdoor dining area for permanent use means the dining area was specifically constructed for the intention of repeated and continuous use.

Outdoor dining area for temporary use means the dining area was specifically constructed for a specific event or season lasting at least 24 hours and is deconstructed within 250 days of the initial construction.

Outdoor dining area for daily use means an outdoor dining area intended to be used only for the operational hours of a business and to be removed at the end of the business day.

Outdoor display means an area where goods and displayed and available for sale to the general public which is not a seasonal or holiday-oriented outdoor sale.

Outside storage means the storage, including open storage, of goods, materials, equipment, manufactured products, vehicles, and similar items not fully enclosed by a building, for an indefinite period of time.

Parking lot, private means a privately owned area where cars or other vehicles may be left temporarily.

Parking ramp means a multi-level parking area where cars or other vehicles may be left temporarily.

Parks, private or commercial means an area with one or more elements of passive or active recreation such as athletic courts and fields, indoor or outdoor golfing, children's play structures, walking or biking trails, natural features and the like, which are owned by or leased to private individuals or businesses, which are made available to groups beyond the private owners via rent or admission fees and which may be fee based. Privately owned property serving as public parkland via agreement does not qualify as a private or commercial park when leased according to public park leasing policies.

Parking lot, public means a publicly owned area where cars or other vehicles may be left temporarily.

Parks, public means an area with one or more elements of passive or active recreation such as athletic courts, children's play structures, walking or biking trails, natural features and the like which is open to the public.

Patio or Detached Deck means a roofless outdoor space constructed from pavement, pavers, stone, decking or other comparable materials that is separate from and does not project from the wall of a building. A patio or detached deck is considered an accessory structure and is subject to accessory structure setbacks. A patio shall not be used as a parking space for vehicles.

Pawnshop means the location at which or premises in which a pawnbroker regularly conducts business.

Permeable Patio or Walkway means any patio or walkway designed to facilitate the infiltration of water into the soil. A permeable patio or walkway must be constructed in a way that allows water to channel or absorb in the underlying soil, or into a special storage layer, and not create runoff. Permeable patios and walkways shall be consistent with specifications found in the Minnesota Stormwater Manual and meet the following conditions:

1) All materials shall conform to specifications outlined in the Minnesota Pollution Control Agency's Minnesota Stormwater Manual; and

2) Within the R-1 Residential District, portions of any permeable patio or walkway exceeding 2% of the total lot area shall count towards the property's impervious surface maximum.

Personal services means a retail business that provides a service rather than a product for sale. Examples of such uses are barbershops, salons, massage studios, body art studios, dry cleaning, laundromat, florist, and photography studios.

Physical features means bodies of water and landforms including but not limited to wetlands, ponds, bluffs, steep slopes, and marshes.

Place of public accommodation means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.

Place of worship means a building or group of buildings or structures, which by design and construction are primarily intended for a group of people gathering on the basis of religion, faith or belief system. Examples include but are not limited to churches, synagogues, mosques and temples.

Planned unit development means an integrated development guided by a total design plan in which the zoning or subdivision regulations may be varied to allow flexibility and creativity in site, building design, land use types, and location in accordance with general guidelines.

Portable sign means a temporary sign constructed to be movable from one location to another and not permanently attached to the ground or to any immobile structure or any device.

Preliminary development plan means a preliminary design by a land developer of a proposed land division including supporting data with proposed layout of streets, blocks, lots and other elements of a plat or subdivision.

Preliminary license approval means a State of Minnesota's Office of Cannabis Management pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17.

Principal structure (principal building) means a building or structure that serves as the predominant use of the lot on which it is located.

Principal use means the main purpose for which land, buildings, or structures are ordinarily used.

Printshop means an establishment where the printing of newspapers, books, and other materials takes place and may include small scale packaging and mailing.

Professional occupation sign means a sign which contains no advertising but is limited to the name, address, contact information, and occupation of the person(s) occupying the building.

Project sign means a temporary sign which identifies a proposed or new development.

Projecting sign means a sign, other than a wall sign, which is supported and projects from more than 18 inches at a right angle from the wall of a building.

Property frontage means the property lines or lease lines at the front of a building in which the business is located or the location of the main public entrance of the building.

Public service sign means any sign primarily intended to promote items of general interest to the community.

Public utility means any person, municipal department, or board fully authorized to furnish and furnishing municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation or water. For the purpose of this Code, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Public water means any water as defined in Minnesota Statutes, Section 103G.005, Subd.15, 15a.

Pylon sign means a sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is above the architecturally designed base.

Recording studio means a facility for sound recording and mixing.

Residential treatment facility means as defined under Minn. Stat. 245.462 subd. 23.

Residential use building means any building where the primary use is to be a dwelling.

Restaurants means a place where people pay to sit and eat meals that are cooked and served on the premises.

Retail establishment means an establishment with a single tenant for the sale of goods to the public in relatively small quantities for use or consumption rather than for resale.

Retail establishment, large means and establishment with a primary tenant for the sale of goods to the public in relatively small quantities for use or consumption rather than for resale. The primary tenant occupies more than 20,000 square feet of retail floor space.

Retail establishment, multi-tenant means and establishment with multiple tenants for the sale of goods to the public in relatively small quantities for use or consumption rather than for resale.

Retail registration means an approved registration issued by Carver County to a state licensed cannabis retail business.

Retaining wall means a wall or similar structure device used at a grade change to hold the soil on the up-hillside form [from] slumping, sliding, or falling.

Retirement housing means a residential complex containing dwellings designed for and principally occupied by senior citizens.

Roof line means the uppermost line of the roof of a building or, in the case of an extended façade, the uppermost height of said façade.

Roof sign means a sign erected upon the roof of a building or extending above the roof line of the building to which it is attached, and which is wholly or partially supported by said building.

School means a public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24.

Scoreboard means a display adjacent to an athletic field for the purpose of providing information of the event taking place within the athletic field area. Items typically displayed include the score, match or game details, and can include a dynamic display.

Screening means a barrier of 80 percent opacity to address visual, light, and sound impacts.

Seasonal outdoor sales mean an outdoor location which sells items, goods, or services which are relative to seasons, holidays, or events. Typical seasonal sales do not exceed 60-days.

Self-storage facility means a facility that rents out individual storage units to the public for storing personal belongings, business inventory, or other items.

Setback means a line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided. Setbacks shall be measured from the rough exterior structural wall to the property line, delineated wetland edge, or floodplain elevation.

Setback, front yard is measured from the property line to the closest exterior structural wall of the proposed or existing structure to the front property line. The front yard will abut the street or private easement that the structure is addressed from. If structures in existence have greater or lesser than the required front yard setback, the average setbacks of all existing structures from intersection to intersection connected will be averaged to determine the required front yard setback.

Setback, rear yard is measured from the property line to the closest structural exterior wall of the proposed or existing structure to the rear property line, delineated wetland edge, or floodplain elevation. A rear yard will not abut the street in which the structure is addressed from.

Setback, side yard is measured from the property line, delineated wetland edge, or floodplain elevation to the closest exterior structural wall of the proposed or existing structure. Side yards will run the length of the principal structure.

Showroom means a room for the purpose or display of goods and products for sale.

Sign means any letter, word or symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication whether painted, posted, printed, affixed or constructed, which is displayed outdoors or on a window or on the interior of a building within three feet of a window and clearly visible from the outside of the building for informational or communicative purposes.

Sign, area means the entire area within a continuous perimeter enclosing the extreme limits of the sign message and background. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structures in which any sign is supported shall not be included in determining the sign area.

Sign face means the surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated.

Sign height means the distance measured perpendicularly from the highest point of the sign structure to the natural grade level of the ground directly below that point.

Sign structure means the supports, braces, and framework of a sign.

Site and building materials plan means a development plan for a lot or lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, floodplain, wetlands, open spaces, means of ingress/egress, parking, grading, drainage, utilities, landscaping, structures, signs, lighting, screening, building elevations and other information which reasonably may be required in order that an informed decision can be made by the city.

Solar collector means any object that uses solar radiation for a useful purpose, including but not limited to windows, walls, roofs, and collectors.

Special event means an event that is outside of the normal or regular activities of the host or participants that is designed to honor, discuss, sell, teach, or influence something or someone and can vary in size, scope, and purpose.

Special event sign means a temporary sign or display erected by a civic organization, or an organization which is sponsored by a civic organization, for the purpose of identifying a specific event.

Specialty repair service means an establishment primarily engaged in specialized repair services such as bicycle, leather goods, locks, jewelry, musical instrument, taxidermy, computer, or typewriter repair.

State license means an approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.

Steep Slopes means areas 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 accordancde with the providions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs.

Storage buildings means a building or portion of a building used for the storage of personal property.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no such floor is above, the space between such floor and the ceiling next above it.

Street means a public right-of-way which affords a principal means of access to abutting property and which has been accepted by the city as a public street.

Street, collector, as defined and/or designated in the city's comprehensive plan, means roadways designed to collect and distribute traffic from neighborhoods and commercial areas and provide a critical link between local streets, which are designed for property access, and minor arterials, which are designed for mobility.

Street, local, as defined and or designated in the city's comprehensive plan, means roadways that serve short trips at low speeds.

Street, minor arterial, as defined and/or designated in the city's comprehensive plan, are roadways that emphasize mobility over land access, serving to connect cities with adjacent communities and the metropolitan highway system.

Street, principal arterial, as defined and/or designated in the city's comprehensive plan, are roadways that are part of the Metropolitan Highway System and provide high-speed mobility between the Twin Cities and important locations outside the metropolitan area.

Street frontage means the linear frontage of a parcel of property abutting a street.

Structural alterations means any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.

Swimming pool means a structure, above or below grade level, designed to hold water more than 30 inches deep to be used for recreational purposes.

Taproom means a space within, or in a structure adjacent to, a small brewery where malt liquor manufactured by a small brewer holding a license is sold.

Temporary accessory structure means an assessor structure which is intended to be used for a specific purpose for a set period of time before removed.

Temporary displays means temporary displays or features that do not clearly fall into the definition of a sign, but which direct attention to a product, place, activity, business, person, institution, or organization. Temporary displays include three-dimensional shapes, inflatable objects, search lights, and other similar devices.

Temporary sign means a sign for a specific advertisement purpose that is of a limited duration and is not permanently attached to the ground or wall.

Trailer means a vehicle without motor power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include the terms "camp car" and "house car." A permanent foundation shall not change its character.

Transit station means a parcel or portion thereof that is used for loading and unloading of public transit riders including the platform, station facilities, public open space and park-and-ride lots. The term "transit station" is inclusive of all public transit modes.

Twin home means two single-family residential units adjoined by a single common wall.

Utility services means all lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.

Use means the purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

Use, accessory means a use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.

Variance means permission to depart from this code when, because of special circumstances applicable to the property, strict application of the provisions of this code deprives such property use that is under identical zoning.

Vision clearance triangle means a triangular-shaped area on a corner lot formed by measuring 30 feet each direction from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway, and connecting the lines diagonally across the property, making an approximate 90-degree triangle. The space is defined by a diagonal line across the corner between the points on the street right of-way line or street-alley right-of-way line measured from the corner.

Wall sign means any sign which is affixed to a wall of any building for the purposes of advertisement or promotion of a business or product.

Wall sign, painted means a sign painted or administered through adhesive tape directly on the exterior wall of a building or structure for the purposes of advertising or promoting a business or product.

Wall surface of building means the total horizontal surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits of such wall surface.

Warehousing means the storage of materials or equipment within an enclosed building.

Window means any transparent or translucent glass or similar material that comprises part of the surface of a wall, regardless of its movability. Entire walls of transparent or translucent glass or similar material are excluded from this definition.

Window sign means a sign placed inside the building to be viewed through a window or affixed to a window to be viewed by the public.

Window sign, painted means a sign that is painted on or attached behind or to the front of a window or glass portion of a door. 

Yard means an open space on the same zoning lot with a building or structure, which yard is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in SECTION 18 of this Code.

Zoning administrator means the city's officer or employee as may be designated in writing by the city manager to enforce property or premises maintenance, zoning and other city code violations.

Zoning amendment means a change in the wording, context, or substance of this title or a change in the zoning district boundaries of the official zoning map, to be made a part of this title.

Zoning lot means a plot of ground, made up of one or more parcels of land, which is occupied or may be occupied by a use, building or buildings, including the open space required by this Code.

Zoning map means the map or maps incorporated into this Code as a part hereof, designating the zoning districts.

(Ord. No. 420, § 1, 7-24-2017; Ord. No. 474, 10-14-2024; Ord. No. 477 ZC, 11-25-2024; Ord. No. 478 ZC, 12-9-2024; Ord. No. 484 ZC, 10-13-2025)

HISTORY
Amended by Ord. 440, Impervious surface on 4/22/2019
Amended by Ord. 443 ZC R1 and R2 Amendments on 6/10/2019
Amended by Ord. 447 ZC, Zoning Code Amendments on 11/9/2020
Amended by Ord. 460 ZC on 5/8/2023
Amended by Ord. 474 ZC on 10/14/2024
Amended by Ord. 477 ZC on 11/25/2024
Amended by Ord. 478 ZC on 12/9/2024
Amended by Ord. 479 ZC Amended outdoor dining definitions on 4/28/2025
Amended by Ord. 484 ZC Duplex and twin home definitions on 10/13/2025

Sec 16-2 Purpose And Scope

This zoning ordinance is adopted for the following purposes:

  1. To implement the policies of the comprehensive plan
  2. Promote the general health, safety, morals, comfort and general welfare of the city
  3. Provide adequate light, air, privacy and safety of transportation and access to property
  4. Encourage the most appropriate use of land throughout the city
  5. Prevent the overcrowding of land and undue concentration of population
  6. Preserve and increase the amenities of the city
  7. Protect and conserve the value of land, buildings and other improvements throughout the city
  8. Provide for the safe and efficient circulation of all modes of transportation to avoid congestion in streets and highways
  9. Protect and conserve the value of land, buildings and other improvements throughout the city
  10. Provide for the administration of this zoning ordinance including the powers and duties of officials and bodies charged with administration, the standards for land use approvals, and the procedures for its enforcements

(Ord. No. 420, § 1, 7-24-2017)

Sec 16-3 Official Map

  1. The location and boundaries of the zoning districts established by this ordinance shall be known and may be referred to as the "Victoria official zoning map". The map and all notations, references and data shown on it are incorporated by reference into this ordinance and shall be as much a part of this ordinance as if it were fully described herein.
  2. All property within the city shall have the zoning designation shown on the official zoning map. If there is any discrepancy or inconsistency between the official zoning map and any other map, ordinance or source which purports to indicate the zoning of property, the official zoning map shall take precedence.
  3. Adoption. The city council may by ordinance, adopted by an affirmative vote of a majority of all members of the council, adopt, amend or repeal official maps in the manner set forth in this section.
  4. Future acquisition lines. The official map shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas involving a street, a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a registered land surveyor.

(Ord. No. 420, § 1, 7-24-2017)

HISTORY
Adopted by Ord. 420 on 7/24/2017

440, Impervious surface

443 ZC R1 and R2 Amendments

447 ZC, Zoning Code Amendments

460 ZC

477 ZC

478 ZC

479 ZC