4.2. PCSR 02-27-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.2
Agenda Section
Public Hearings
Meeting Date
February 27, 2018
Prepared by
Chris Leeseberg, Senior Planner
Item Description
Ordinance Amendment
Chapter 30 Definitions, OA 18-02
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Recommend, by motion, approval of the Ordinance Amendment as proposed.
Background/Discussion
Many of our permitted, accessory, and conditional uses are not defined in the city ordinance. The
purpose of this amendment is to clarify what terms/uses mean, and to minimize overlap of like meanings
and uses.
The proposed definitions were drafted utilizing the American Planning Association Planners Dictionary.
This is a document that has a variety of definitions for various planning terms from governing agencies
across the county.
Definitions that have been struck may be:
Removed entirely as the term no longer appears in Chapter 30.
Located elsewhere for consistency and clarity with similar uses. For example, Area identification sign
was moved to Sign, area identification.
Combined with other like definitions. For example, Government buildings and facilities and Government
offices were combined into Government facility.
There are some lengthy definitions proposed, such as Accessory Dwelling Units and Motor Vehicle Repair
Shops, so they do not have to be repeated with their lengthy regulations each time that use appears in a
given zoning district.
Not all uses listed in each district have a definition, as staff thought some are self-explanatory. For
example, Zero Lot Line development and Concrete/asphalt products and processing.
The Planning Commission reviewed the proposed definitions at their work session on January 23, 2018.
There was discussion on Salvage Yards and the concern regarding the language of “two or more
inoperative vehicles” and how many current residential properties are ‘operating’ a salvage yard due to
vehicles being stored on their properties. It was noted inoperative/unlicensed vehicles, regardless of how
many, are not allowed on residential parcels.
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18\4.2 sr.docx
Residential definitions have not been reviewed and are awaiting further study. These definitions will be
brought forward to the Planning Commission and City Council at a later date.
Financial Impact
None
Attachments
Proposed Ordinance
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Ordinance 18 - ____
An Ordinance Amending Chapter, 30-1, Definitions of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-1, Definitions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Access means a means of vehicular or pedestrian approach, entry to, or exit from property.
Accessory dwelling unit means a permanent residential dwelling unit, but not a mobile home, located on the same
lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in an accessory
building, provided:
a. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot;
b. An accessory dwelling unit may be permitted within a principal single family dwelling unit or in a detached
accessory structure;
c. An accessory dwelling unit shall require a building permit that may only be applied for concurrently with the
application for a building permit for construction of the principal single family dwelling unit on the lot or after the
construction of the principal structure;
d. A detached accessory dwelling unit shall be counted towards the total number of allowed accessory structures
on a parcel;
e. A rental license for the accessory dwelling unit is obtained pursuant to chapter 30, article III, division 3 of
the City Code;
f. An accessory dwelling unit shall be clearly a subordinate part of the principal single family dwelling unit on
the lot and the living area shall not be more than 1,000 square feet, nor less than 250 square feet in size;
g. No more than two sleeping rooms shall be allowed in an accessory dwelling unit;
h. The entrance to an accessory dwelling unit shall not be in the front yard of the principal single family dwelling
unit;
i. In the A-1 and R-1a districts, and on lots greater than 2½ acres in the R-1b, R-1c, R-1d, R1e, and
residential PUD districts, detached accessory dwelling units may be finished with wood, vinyl lap siding, metal siding,
metal panels, and/or masonry. On lots less than 2½ acres in the R-1b, R-1c, R-1d, R-1e and residential PUD
districts, detached accessory dwelling units may be finished with wood, vinyl lap siding, metal siding, and/or masonry;
j. Accessory dwelling units in combination with their associated principal single family dwelling unit must
conform to all City Code requirements for single family dwellings, including but not limited to setback, height,
impervious surface, and accessory structure standards;
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k. In addition to the parking required for the principal single family dwelling unit on the lot, there shall be one
off-street parking space provided on an approved surface for the accessory dwelling unit;
l. The property owner must reside in the principal single family dwelling unit or in the accessory dwelling unit;
m. An accessory dwelling unit must be on the same parcel of property as the principal single family dwelling unit.
A property may not be subdivided or otherwise segregated to provide separate ownership of an accessory dwelling unit;
n. The principal single family dwelling unit and accessory dwelling unit shall have one postal address;
o. An accessory dwelling unit must provide for one independent housekeeping unit having cooking, sleeping, and
sanitary facilities;
p. The principal single family dwelling unit and accessory dwelling unit shall be served by single well, septic,
municipal water, sanitary sewer, gas and/or electric utility service lines. Separate meters for the respective utilities are
allowed;
q. The principal single family dwelling unit and attached accessory dwelling unit shall have one heating and air
conditioning system;
r. The accessory dwelling unit and the associated principal single family dwelling unit must meet all current state
building, plumbing, electrical, mechanical, and fire code provisions including emergency vehicle access to any accessory
dwelling unit.
Accessory use, structure or building means a use, structure or building or portion of a structure
subordinate to and serving the principal use and structure on the same lot and customarily incidental
thereto.
Active use storage means an enclosed facility containing multiple individual units used for the
storage, maintenance, and display of vehicles. The facility may not be used for retail sales, business
operations, or overnight stays.
Administrative subdivision means a subdivision involving the creation of four or fewer tracts or
lots.
Agricultural research facilities means buildings, laboratories, and other facilities or structures which
are used in connection with agricultural research and development, investigation, testing, or
experimentation. Such facilities may include, but are not limited to, animal feeding facilities, barns,
storage buildings, confinement areas, or other animal housing units; pasture and grazing areas;
cropped or tilled fields; grain and feed processing; nursery areas; and agricultural waste management
facilities or systems.
Agricultural building means a structure or building or portion of a structure subordinate to and
serving an agricultural use.
Agricultural use means the use of land for growing or producing field crops, keeping or
producing of livestock, and livestock products and poultry. The term shall include incidental retail
selling by the producer of products raised on the premises, provided that customer parking space is
furnished off the public right-of-way. The term shall not include feedlots.
Alley means a public or private right-of-way not greater than 24 feet in width which affords a
secondary means of access to abutting property.
Alteration is an activity that will change or diminish the course, current, or cross-section of a
wetland or wetland buffer strip including, but not limited to, changes in size, depth or contour, or
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dredging, tilling, ditching, building, paving, mowing, introduction of non-native vegetation, cutting,
filling, dumping, yard waste disposal or fertilizer application. Alteration does not include wetland
plantings or selective clearing or pruning of weeds as defined herein.
Animal unit, agricultural is a unit of measure used to compare differences in production of animal
wastes which has as a standard the amount of waste produced on a regular basis by a slaughter steer
or heifer.
Animal unit, domestic is a unit of measure for domestic animals. Domestic animals under 20
pounds, at full maturity, count as one animal unit and domestic animals 20 pounds and over, at full
maturity, count as two animal units.
Animals, agricultural, mean animals which are used for the production of food or other products.
Agricultural animals shall include cattle, hogsswine, bees, sheep, goats, chickens, turkeys, horses, and
other animals commonly accepted as farm animals in the state.
Animals, dangerous, mean a mammal, bird, or large or poisonous reptile with a propensity to be
dangerous to the safety and welfare of any person, property or other domestic animal. Examples of
such dangerous animals include but are not limited to bears, lions, wolves, coyotes, cougars, tigers,
panthers, apes, alligators, crocodiles, large snakes (greater than six feet), and poisonous snakes,
badgers, and ocelots, excluding dogs, cats, other traditional house pets and livestock. Dangerous
animals shall also include any animal that has attacked or bitten any person when the attack or bite
was unprovoked. Animals which are cross-bred with dangerous animals shall also be considered
dangerous animals.
Animals, domestic, means traditional house pets such as dogs, cats and birds which can be
contained within a principal structure throughout the entire year, provided that containment can be
accomplished without special modification to the structure requiring a building permit from the city.
Domestic animals also include birds and rabbits normally sheltered outside the home. a tame, non-
agricultural, animal that is subject to the dominion and control of an owner and accustomed to living
in or near human habitation without requiring extraordinary restraint or unreasonably disturbing
such human habitation.
Animals, nontraditional or exotic, means animals which are not normally considered to be
domesticated but are not dangerous animals as defined in this section.
Antenna means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennas, such as panels, microwave
dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
Antenna tower means an integrated system consisting of a tower mast and reinforced concrete
base pier, which may or may not be guyed, supporting one or more antennas for radio, television,
telephone and microwave transmitting and receiving.
Apartment means a building other than a hotel or motel containing four or more multiple
dwelling units which have primary entrances from the same common hallways.
Area identification sign means a freestanding or wall sign which identifies a specific residential
subdivision development whether single-family or multifamily, or a commercial development or an
industrial park, and which is located on the same premises as the development which it identifies.
Awning means a shelter projecting from and supported by the exterior wall of a building
constructed of nonrigid materials on a supporting framework (compare Marquee ).
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Basement means any area of a structure, including crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless of the depth of excavation below ground level.
Bed and breakfast establishment means a single-family dwelling with up to five guest rooms
providing accommodations on a transient basis. The length of stay at a bed and breakfast
establishment is limited to one week, breakfast is the only meal which may be served, and breakfast
may only be served to registered guests.
Bed and breakfast establishment, homeowner-occupied, means a single-family dwelling, occupied by the
property owner, with up to five guest rooms providing accommodations on a transient basis. The
length of stay at a bed and breakfast establishment is limited to one week, breakfast is the only meal
which may be served, and breakfast may only be served to registered guests. They are allowed in all
residential districts as a permitted use, subject to site plan review, provided the use complies with the
following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those required
for the single-family use. A piggy-backed or tandem parking arrangement is permitted;
b. Off street parking shall be provided on an existing driveway;
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and eight
square feet in size, and one wall sign not to exceed four square feet in size. Signs shall not be
illuminated;
d. The exterior appearance of the structure shall not be altered from its single-family character;
e. The proposal shall comply with all building and fire code requirements; If the proposed bed
and breakfast business does not comply with one or more of the above criteria, it will require
a conditional use permit.
Bed and breakfast establishment, non-homeowner-occupied, means a single-family dwelling, not occupied
by the property owner, with up to five guest rooms providing accommodations on a transient basis.
The length of stay at a bed and breakfast establishment is limited to one week, breakfast is the only
meal which may be served, and breakfast may only be served to registered guests. The establishment
shall be located on a collector street or above, as identified in the city's comprehensive
transportation plan, shall be a conditional use in all residential districts, provided the use complies
with the following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy-backed or tandem parking arrangement is
permitted;
b. Off street parking shall be provided on an existing driveway;
c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and eight
square feet in size, and one wall sign not to exceed four square feet in size. Signs shall not be
illuminated;
d. The exterior appearance of the structure shall not be altered from its single-family character;
e. The proposal shall comply with all building and fire code requirements; If the proposed bed
and breakfast business does not comply with one or more of the above criteria, it will require
a conditional use permit.
Berm means a mound or wall of earth.
Billboard. See Sign, Aadvertising sign .
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Block means the enclosed area within the perimeter of roads, property lines or boundaries of the
subdivision.
Bluff means a topographic feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or
more shall not be considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high-water level of the water body;
(3) 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 percent or greater; and
(4) The slope shall drain toward the water body.
Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
Boardinghouse means any dwelling other than a hotel, motel, or apartment where meals and
lodging are provided for compensation to four or more persons unrelated to the owner or
possessor, pursuant to previous arrangement.
Boulevard means the portion of the street right-of-way between the curb line and the property
line.
Brewer taproom means a state licensed brewer under Minn. Stats. § 340A.301 subdiv. 6(c), (i), or
(j) permitting the on-sale consumption of malt liquor produced by the brewer for consumption on
the premises of a brewery or an abutting property in common ownership of the brewer, which may
include the sales of malt liquor produced and packaged at the brewery for off-premises consumption
as allowed by Minnesota Statutes.
Brewpub means a state licensed brewer under Minn. Stats. 340A.301, subdiv. 6(d) with a
restaurant use operated on the same premises as the brewery. To sell their own malt liquor, a
brewpub is required to obtain an intoxicating on-sale liquor license and may obtain an on-sale
Sunday liquor license if they want to be open on Sundays.
Buildable land area means the gross land area less the unbuildable land area that includes
floodways, hydric and restrictive soils, land with slopes over 33 percent, wetlands and areas that
cannot accommodate septic systems.
Building means any structure having a roof which provides shelter or enclosure for persons,
animals, chattel, or property of any kind. When separated by bearing walls without openings, each
portion of such building so separated shall be deemed a separate building.
Building official means the building official of the city as designated by the city council, who is
authorized to enforce the Minnesota Building Code.
Building code means the current Minnesota building code and its amendments as adopted by the
city.
Building height and height of building mean the vertical distance between the highest adjoining
ground level at the building or ten feet above the lowest ground level, whichever is lower, and the
highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
Building height (downtown) within the downtown district (DD) means the dimension taken from the
sidewalk on Main Street to uppermost portion of the cornice.
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Building-integrated solar energy system. A solar energy system that is directly incorporated into the
building by replacing typical building materials.
Building line, as used in article VI, division 13, of this chapter, means that line measured across
the width of the lot at the point where the main structure is placed in accordance with setback
provisions.
Building setback line and building line, as used in article VI of this chapter, mean a line within a lot,
plot, or other parcel of land parallel to a public right-of-way, a side or rear lot line, a high-water
mark, or a shoreline behind which buildings or structures must be placed.
Bulletin board means a sign which identifies an institution or organization on the premises on
which it is located and which contains the name of the institutional organization, the names of
individuals connected with it, and general announcements of events or activities occurring at the
institution, or similar messages.
Business directory means a sign which identifies the names of the specific businesses located in a
shopping center or business park and which is located on the premises of the center so identified.
Bus means any self-propelled vehicle designed primarily for transportation of more than 15
passengers on land or water.
Business office means a place of business where professional or clerical duties are performed
and/or an office of a member of a recognized profession maintained for the conduct of the
profession.
Caliper means the length of a straight line measured through the trunk of a tree six inches above
the ground for up to and including a four-inch caliper size, and 12 inches above the ground for
larger sizes.
Campground means a facility used for overnight and short-term camping in tents and recreational
camping vehicles. Campgrounds must comply with all State of Minnesota regulations regarding
campgrounds and must be licensed with the Minnesota Department of Health as a campground.
Camping vehicles shall meet the definition in state law for "recreational camping vehicle," and the
following qualifications:
(1) The vehicle is not used as the residence of the owner or occupant;
(2) The vehicle is used for temporary living quarters by the owner or occupant while engaged
in recreational, vacation, or travel activities;
(3) The vehicle is towed or otherwise transported, by its own or by other power, on the public
streets or highways incidental to such recreational or vacation activities.
Permitted accessory uses include a recreational area for campground guests and retail sales of over-
the-counter items for campground guests only.
Canopy means a fixed or operable horizontal projection or hood over a door, window, niche,
etc.
Carwash facility means the use of a site for washing, cleaning, and/or waxing of motor vehicles,
motorcycles, recreational vehicles, or other light duty equipment.
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Cemetery means a parcel or tract of land that is set apart, used or intended to be used for the
internment of the dead, established and operated per Minn. Stats. Chapters 306 and/or 307.
Chair massage, on-site, means a massage performed by a licensed massage therapist at any location
other than a therapeutic massage establishment. On-site chair massage shall be confined to massage
for relaxation purposes only of the face, neck, and shoulder area of a person fully clothed and not
lasting more than 15 minutes.
Child means a person under 18 years of age.
City monument sign means a free-standing sign sponsored or approved by the city for the sole
purpose of identifying the City of Elk River.
Clearcutting means the removal of an entire stand of vegetation. means the complete removal of
trees or shrubs in a contiguous patch, strip, row, or block.
Closure statement means a statement prepared by the manufactured home park owner clearly
stating that the park is closing, and addressing the availability, location and potential costs of
adequate replacement housing within a 25-mile radius of the park that is closing and the probable
relocation costs of the manufactured homes located in the park.
Cocktail room means a licensed operation, accessory to a permitted microdistillery use, where
distilled spirits may be sold on-sale in accordance with state and local regulations.
Commercial planned unit developments are typically uses that provide transient, short-term lodging
spaces, rooms, or parcels and whose operations are essentially service oriented. For example,
hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily
service-oriented activities are commercial planned unit developments.
Commercial recreation facility means a non-governmental facilitybuilding, structure or open space,
operated by a profit or non-profit entity and open to the general public and used for sports activities
of amusement. Such facilities may include batting cages, bowling alleys, cart tracks, golf domes,
gymnasiums, ice rinks, jump centers, swimming pools, tennis courts, volleyball courts and other
leisure uses.
Commercial use means the principal use of land or buildings for the sale, lease, rental, or trade of
products, goods, and services.
Commercial wireless telecommunication service means licensed commercial wireless telecommunication
services, including cellular services, personal communication services (PCS), specialized mobilized
radio (SMR) services, enhanced specialized mobilized radio (ESMR) services, paging and similar
services that are marketed to the general public.
Commissioner, as used in article VI, divisions 12 and 13, of this chapter, means the commissioner
of the state department of natural resources.
Common gardens mean land used by residents of a development for the production of trees,
vegetables, fruits and flowers.
Community septic system means a sewage treatment system serving two or more dwelling units
located outside the city's urban service district.
Community service agriculture means horticulture and floriculture that serves the local area.
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Community solar. Any centrally located solar photovoltaic (PV) systems that provide electricity to
participating subscribers residing or located off-site from the location of the solar energy system
under the provisions of Minn. Stats 216B.1641 or successor statute.
Comprehensive development plan and comprehensive plan mean the City of Elk River Growth
Management Plan, as amended by the city, including a compilation of policy statements, goals,
standards and maps indicating the general locations recommended for various functional classes of
land use, places and structures, and for the general physical development of the city. It shall have the
same meaning as the term "comprehensive municipal plan" in the law.
Concentrated solar system (CSS). A system using low to high-temperature collectors (mirrors, lenses
or other reflective surfaces) for the use of heating water or air.
Conditional use means uses specifically designated in each zoning use district which may be
permitted in such use district only by a conditional use permit, unless otherwise defined in another
division (for example, floodplain management).
Conditional use permit means a permit issued by the city in accordance with section 30-651 et seq.
Condominium means a common interest community in which portions of the real estate are
designated as units, the remainder of the real estate is designated for common ownership solely by
the owners of the units, and undivided interests in the common elements are vested in the unit
owners.
Coniferous/evergreen tree means a woody plant which, at maturity, is at least 30 feet or more in
height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of
the branches year-round.
Conservation easement means a legal agreement creating an interest in real property created in a
manner to impose limitations or affirmative obligations regarding the use of property, including the
retention, protection, and maintenance of open space.
Contour map means a map on which irregularities of land surface are shown by lines connecting
points of equal elevation. Contour interval is the vertical height between contour lines.
Cooperative gardening means any piece of land gardened by a group of people, utilizing either
individual or shared plots on private or public land.
Copy means the wording on a sign surface in either permanent or removable letter or picture
form.
Cornice means any horizontal projecting ornamental molding that finishes or crowns the top of a
building, wall, arch, etc.
County board means the Sherburne County Board of Commissioners.
Cul-de-sac means a street with a single common ingress and egress and with a turnaround at the
end.
Day care means the licensed facility for the care of one or more children on a regular basis, for
periods of less than 18 hours per day, in a structure other than the child’s own dwelling unit.
Deciduous overstory shade tree means a woody plant which, at maturity, is 30 feet or more in height,
with a single trunk unbranched for several feet above the ground, having a defined crown, and
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which loses leaves annually.
Deciduous understory ornamental tree means a woody plant which, at maturity, is less than 30 feet in
height, with a single trunk, unbranched for several feet above the ground, having a defined crown,
and which loses leaves annually.
Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises,
or other features, attached or functionally related to a principal use or site and at any point extending
more than 30 inches above ground.
Deflection means the angle between a line and the prolongation of the preceding line.
Department store means a relatively large store selling a number of different kinds and types of
goods such as clothes, shoes, hardware, interior lighting and decoration items, sports equipment,
furniture, appliances and house wares to retail customers.
Development means the act of building structures or installing site improvements.
Displaced resident means a resident of an owner-occupied manufactured home who rents a lot in a
manufactured home park, including the members of the resident's household, as of the date the park
owner submits a closure statement to the city planning commission.
Display area means the area from the top of the kickplate to the head of the entrance door.
Drainage course means a watercourse or indenture for the drainage of surface water.
Dry cleaning means the process of removing dirt, grease, paint, spots, stains or any other form of
foreign matter from wearing apparel and/or household furnishings by any means other than
washing with soap or detergent and water.
Dry cleaning establishment means an establishment for the mechanical dry cleaning of garments,
articles or goods of fabric for retail customers.
Dry cleaning establishment means an establishment which launders or dry cleans articles dropped
off on the premises directly by the customer or where articles are dropped off, sorted, and picked
up.
Dry cleaning pick-up station means establishments where customers drop-off and pick up garments
or articles that are sent to another location for dry cleaning. Such establishments are consistent with
general retail uses.
Duplex means, for the R-3 town home district, a two-family dwelling; each unit may be for rent
or owner-occupied.
Duplex, triplex, and quad mean a dwelling structure on a single lot having two, three, and four
units respectively, being attached by common walls and with each unit being equipped with separate
sleeping, cooking, eating, living, and sanitation facilities.
Dwelling means a building which is designed or used exclusively for human habitation either
permanently or transiently.
Dwelling, multiple-family, means a detached building containing three or more dwelling units, with
the number of families in residence not exceeding the number of dwelling units provided.
Condominiums and cooperatively owned multiple residential dwellings are multiple-family dwellings
for purposes of article VI of this chapter.
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Dwelling, single-family, as used in article VI of this chapter, means a detached building containing
one dwelling unit designed for occupancy by one family.
Dwelling site means a designated location for residential use by one or more persons using
temporary or movable shelter, including camping and recreational vehicle sites.
Dwelling, two-family, means a detached building containing two dwelling units designed for
occupancy by not more than two families.
Dwelling unit, as used in article VI of this chapter, means one room, or rooms, located in a
dwelling which are connected together constituting a separate, independent unit for owner
occupancy, rental or lease, physically separated from any other room or dwelling unit which may be
in the same structure, and containing independent cooking, sleeping and sanitary facilities, but not
including hotels, motels, boardinghouses or rooming houses, tourist homes, mobile homes, travel
trailers or tents.
Dwelling unit, as used in article VI, divisions 12 and 13, of this chapter, means any structure or
portion of a structure, or other shelter, designed as short-term or long-term living quarters for one
or more persons, including rental or timeshare accommodations such as motels, hotels, rooms and
cabins.
Easement means a grant by an owner of land for a specific use by the public, quasipublic or
persons other than the owner. or a limited ownership interest in land enabling the construction and
maintenance of public services and utilities thereon, including, but not limited to, sanitary sewers,
water mains, electrical lines, telephone lines, storm sewer or storm drainage facilities and gas lines.
Easement, utility or drainage, means a limited ownership interest in land enabling the construction
and maintenance of public services and utilities thereon, including, but not limited to, sanitary
sewers, water mains, electrical lines, telephone lines, storm sewer or storm drainage facilities and gas
lines.
Educational institution means a public, parochial, or private institution that provides educational
instruction to students in the 6—12 grade levels.
Eligible land means all land within the boundaries of a tract, except for land in existing public
road rights-of-way; or any area occupied by rivers, streams or lakes; or any area one acre or larger
and classified as a U.S. Army Corps of Engineers type 3, 4, or 5 wetlands, as described in the U.S.
Army Corps of Engineers pamphlet entitled "10 Important Questions," U.S. Government Printing
Office No. 1979-768-929.
Equal degree of encroachment means a method of determining the location of floodway boundaries
so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of
flood flows.
Equipment rental means the temporary leasing of tools, materials, or equipment.
Essential services (public utility uses) means underground or overhead gas, electrical, steam or water
distribution systems, and collection, communication, supply or disposal systems, including poles,
wires, mains, drains, sewer, pipes, conduits, cables, traffic signals, hydrants, or other similar
equipment and accessories in conjunction therewith, but not including buildings or transmission
services.
Excavation means the removal of sand, gravel, rock, clay, silt, soil, or other like material from the
land. The material shall not leave the parcel from which it originated.
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Exterior storage means the storage of goods, materials, equipment, manufactured products and
similar items not fully enclosed by a building.
Façade means that portion of any exterior elevation on the building extending from grade to top
of the parapet, wall, or eaves and the entire width of the building elevation.
Family means any number of individuals generally, but not necessarily, related by blood and
marriage, living together at one location as a single, nonprofit housekeeping unit, as distinguished
from a group occupying a boardinghouse or roominghouse, tourist home, hotel or motel.
Farm dwelling means a building designed for residential occupation by human beings located on a
farm, the occupant of which owns the farm or is employed thereon.
Farm winery means an agricultural processing facility used for the fermenting and processing of
grape and other fruit juices into wine or the refermenting of wine into sparkling wine. When on-site
sales are included the facility shall be licensed and follow all provisions of Minn. Stats. § 340A.315.
Feedlot means a confined area used for housing or feeding poultry or livestock where substantial
amounts of animal waste will be generated, but not including barns or pens which are accessory uses
incidental to a farming operation. For the purpose of section 30-803, feedlots shall include only
those operations with more than ten animal units.
Fence means a partition, structure, wall, or gate erected as a dividing marker, visual or physical
barrier or enclosure.
Festoon means a string of ribbons, tinsel, small flags, or pinwheels.
Final plat means the final map, drawing or chart on which the subdivider's plan of subdivision is
presented to the city council for approval and which, if approved will be submitted to the county
recorder as required in state statutes.
Financial institution means an establishment where the principal business is the receipt,
disbursement or exchange of funds and currencies, such as: bank, savings and loan, credit union,
mortgage office, or automated teller machine (ATM). Financial institution shall not include a
currency exchange.
Fire chief means the fire chief for the city, or his designated agents authorized to enforce article
III of this chapter pertaining to housing standards.
Fire code means the current Minnesota Fire Code and its amendments as adopted by the city.
Firearm means any device from which may be fired or ejected one or more solid projectiles by
means of a cartridge or shell or by the action of an explosive substance; or for which the propelling
force is a spring, elastic band, carbon dioxide, air, or other gas or vapor. Excluding nonfunctioning
antique firearm, “BB” gun, scuba gun, stud or nail gun used in the construction industry, pop gun,
or toy gun.
Firearm, sale of means an establishment having at least 25 percent of its gross floor area used for
the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment.
Flag lot means a lot so shaped that the building site area is set back from the street on which the
lot fronts and the lot includes an access strip, which is at any point less than 75 percent of the
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minimum lot width requirement in the zoning district, connecting the building site area with the
frontage street.
Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or
lake that result in the inundation of normally dry areas.
Flood frequency means the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
Flood fringe means that portion of the floodplain outside of the floodway. The term "flood
fringe" is synonymous with the term "floodway fringe" used in the Flood Insurance Study,
Sherburne County, Minnesota and Incorporated Areas.
Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which
have been or hereafter may be covered by the regional flood.
Floodproofing means a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the regional
flood discharge.
Floor area means the sum of the gross horizontal area of all floors of a building measured from
the exterior walls, including basements and attached accessory buildings.
Floor area ratio (FAR) is the numerical value obtained by dividing the floor area of a building by
the total size of the lot on which such building is located.
Floriculture means the cultivation and management of ornamental and flowering plants for sale
on-site from a wayside stand.
Frontage means the longest length of the property line of any one premise along the street(s) or
road(s) on which it fronts.
Frontage, building, means the length of an outside building wall facing the street or road on which
it fronts.
Funeral home means a building or part thereof used for human funeral services. Such building
may contain space and facilities for (a) embalming and the performance of other services used in the
preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures;
(c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral
vehicles; and (e) facilities for cremation.
Garage, private, means an accessory building for storage of self-propelled vehicles and tools and
equipment maintained as incidental to a conforming use of the premises.
Garage, public, means any premises except those defined as a private garage used for the storage
or care of self-propelled vehicles or where any such vehicles are equipped for operation or repair or
are kept for remuneration, hire, or sale.
Garden center means a place of business where retail and wholesale products and produce are
sold to the consumer. They may include greenhouses, import most of the items sold, and may
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include plants, nursery products and stock, potting soil, hardware, power equipment and machinery,
hoes, rakes, shovels, and other garden and farm variety tools and utensils.
Gasfitter means any person engaged in the business of installing, altering, repairing, testing, or
extending any fuel tanks, power plants, gas or oil burners, gas or oil piping or gas appliance items or
connections.
General planning permit means a permit issued by the city land development staff in accordance
with sections 30-671 et seq.
Golf courses and country clubs means an area or course for playing golf, consisting of at least nine
holes, excluding miniature golf, within which the playing area is not artificially illuminated.
Clubhouse and shelters are accessory structures.
Government facility means any facility, building, and structure for the purpose of providing
governmental functions or services to the general public. Uses are intended to include city offices,
county offices, courthouses, libraries, municipal utilities, post offices, public works, waste handling
or processing, fairgrounds (on parcels 5 acres or larger), and jail cells operated exclusively in
conjunction with and incidental to Sherburne County courtroom functions.
Governmental buildings and facilities means any building, structure, or facility for the purpose of a
facility serving certain governmental functions. These uses are intended to include uses that are
supportive of governmental functions such as public works facilities, correctional facilities, jails, and
waste handling or processing facilities. These uses are intended to be distinguished from
governmental offices and essential services.
Governmental offices mean any facility, building, and structure for the purpose of providing
governmental services to the general public. Uses intended are generally compatible with office and
residential uses and include city offices, county offices, courthouses, jail cells operated exclusively in
conjunction with and incidental to Sherburne County courtroom functions, libraries, and post
offices. These uses are intended for the direct provision of governmental services to the public as
distinguished from governmental buildings and facilities.
Gravel Mining means a place where stone, sand, gravel, or minerals are extracted.
Gross acres means the total area acreage of a parcel of land including wetlands, hydric soils, steep
slopes, internal streets, and dedicated easements.
Ground cover means plants which are used for accents and/or soil stabilization and are typically
24 inches or less in height.
Group home resident means a person residing in a group home for the purpose of receiving
rehabilitation, treatment, or special care.
Group home, residential, means a building or structure where persons reside for purposes of
rehabilitation, treatment, or special care. Such persons may be orphaned, suffer chemical or
emotional impairment, or suffer social maladjustment or dependency.
Ground-mounted solar energy system. A solar energy system that is installed onto the ground directly
or by means of brackets or poles.
Growler means a container used in the package and sale of malt liquor, 64 ounces in size (or one-
half gallon).
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Habitable building means any building or part thereof that meets minimum standards for use as a
home or place of abode by one or more persons.
Hardship, as used in conjunction with the granting of a variance under article VI, division 13, of
this chapter, means the property in question cannot be put to a reasonable use under the conditions
allowed by article VI, division 13, of this chapter. Economic considerations alone shall not
constitute a hardship if any reasonable use for the property exists under the terms of article VI,
division 13, of this chapter.
Heating, ventilation, and air conditioning includes installing, altering and repairing all heating,
ventilation, and air conditioning appliance items, connections and appendages, no matter what the
fuel source.
Heritage preservation site means any area, place, building, landmark, structure, lands, districts, or
other object that has been zoned as a heritage preservation site overlay zoning district pursuant to
sections 30-575 and 30-1836.
Home occupation means any gainful occupation or profession customarily conducted entirely
within a dwelling principally by members of a family residing therein, which use is clearly incidental
and secondary to the use of the dwelling for residential purposes and does not change the character
thereof. There are two types of home occupations: permitted home occupations, which are
processed administratively following a certain set of criteria, and conditional home occupations,
which do not meet the specific criteria for a permitted home occupation and require a public hearing
pursuant to the procedures and standards for a conditional use permit.
Home occupation, conditional means any gainful occupation or profession, not meeting the criteria
of Subsection 30-801(c), customarily conducted entirely within a dwelling principally by members of
a family residing therein, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Conditional home occupations
require a public hearing pursuant to the procedures and standards for a conditional use permit.
Home occupation, permitted means any gainful occupation or profession, meeting the criteria of
Subsection 30-801(c), customarily conducted entirely within a dwelling principally by members of a
family residing therein, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Permitted home occupations are
processed administratively following the set of criteria in Subsection 30-801(c).
Horticultural use means the use of land for the growing or production for income of fruits,
vegetables, flowers, nursery stock, including plants and trees, and cultured sod.
Horticulture means the cultivation and management of trees, plants, grasses, vegetables and fruits
for sale on-site from a wayside stand.
Hot water means hot water supplied to plumbing fixtures at a temperature of not less than 110
degrees Fahrenheit.
Hotel means any building or portion thereof where lodging isaccommodations are offered to
transient guests for compensation and in which there are more than five sleeping rooms with no
cooking facilities in individual dwelling units.
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Individual sewage treatment system means a sewage treatment system or part thereof, serving a
dwelling or other establishment, or group thereof, which utilizes subsurface soil treatment and
dispersal.
Industrial use means the use of land or buildings for the production, manufacture, warehousing,
storage, or transfer of goods, products, commodities, or other wholesale items.
Institutional use means a place or facility which is designed for use as a place of worship, for
public services, including education, for nonprofit educational use, and for health care facilities for
principally inpatient care.
Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch,
strip, row, or block.
Interim use means the temporary use of a property until a particular date, or until the occurrence
of a particular event.
Jail means a secure adult detention facility used to confine sentenced prisoners for a time not to
exceed one full year per conviction, adult pre-trial and pre-sentenced detainees indefinitely, and
juveniles up to limits prescribed by the state.
Junkyard, see salvage yard. means land or buildings where products resulting from the wrecking of
vehicles or other machinery are bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled. The outdoor storage of two or more inoperative motor vehicles shall also
be considered a junkyard.
Kennel, commercial, means any premises where more than three animals over six months of
age are boarded, trained or bred for compensation or are offered for sale, except for animals being
raised as agricultural livestock, an animal hospital, a veterinary clinic or a pet shop.
Kennel, commercial, means any premise where more than six domestic animal units, over the age
of six months, are boarded, trained, or bred for compensation, except for animals being raised as
agricultural animals, an animal hospital, a veterinary clinic, or a pet shop.
Kennel, private, means any premises where more than three dogs or three cats over the age of six
months are harbored or kept, except for a commercial kennel. Any premises of ten acres or more
that are used to harbor or keep up to ten cats over the age of six months shall be excluded from this
definition as long as all of the cats have been spayed or neutered.
Kennel, private, means any premise where more than six domestic animal units over the age of six
months, are harbored or kept.
Kickplate means the area from the sidewalk surface to the bottom of the display area.
Kitchen means a space which contains a sink with counter working space, space for installing
cooking and refrigeration equipment, and space for the storage of cooking utensils.
Land trust means a nonprofit organization that, as all or part of its mission, works to conserve
land by undertaking or assisting direct land transactions, primarily the purchase or acceptance of
donations of land or easements.
Land use district means those lands designated by the Minnesota Department of Natural
Resources commissioner as the protected land corridor along the Mississippi River which the
commissioner has designated as components of the Minnesota Wild and Scenic Rivers System.
Landscape means site amenities, including trees, shrubs, ground covers, flowers, fencing, berms,
retaining walls and other outdoor furnishings.
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Landscaping contractor yard means the use of land, buildings or structures for the storage of
equipment and materials, or as office space, in conjunction with the operation of a landscaping
business.
Laundry establishment means a business that provides washing, drying, and/or ironing machines
for hire to be used by customers on the premises to clean clothing or other fabrics.
Limited stay lodging means a building or structure where sleeping, and cooking and/or sanitary
facility accommodations are furnished to users for a period of no more than seven consecutive days.
Liquor establishment, on-sale means the sale of alcoholic beverages for consumption on the
licensed premises.
Liquor establishment, off-sale means the sale of alcoholic beverages in original packages for
consumption off the premises only.
Loading area means an area where trucks are parked, maneuvered, loaded or unloaded of goods,
materials or equipment.
Lot, as used in article IV of this chapter, means an area within a manufactured home park
designed and used for the accommodation of a manufactured home.
Lot, means a parcel of land designated by plat, metes and bounds, registered land survey,
auditor's plot, or other accepted means and separated from other parcels or portions by such
description for the purpose of sale, lease, or separation thereof.
Lot, butt, means a lot at the end of a block and located between two corner lots.
Lot, corner, means a lot bordered on at least two adjacent sides by adjoining streets.
Lot depth means the minimum horizontal distance between the front lot line and the rear lot line.
Lot, double frontage, means a lot of which opposite ends abut on a street.
Lot width means the horizontal distance between side lot lines, measured at the required front
setback line.
Lot area. In R-1a unsewered and A-1 zoning districts, lot area means the horizontal land area
within the lot lines but not including any land within a public right-of-way or any area occupied by
rivers, streams, or lakes. The buildable area shall be contiguous and shall be a minimum of one acre
in area. In all other zoning districts, lot area means the horizontal land area within the lot lines, but
not including any land within a public right-of-way or any area occupied by rivers, streams, or lakes.
Lot coverage means the total allowable amount of lot area, expressed as a percentage, which may
be covered by a principal use and its accessory structures.
Lot of record means any lot or unit of land in an auditor's subdivision or a registered land survey
for which a deed, plat, auditor's subdivision or registered land survey has been recorded in the office
of the register of deeds or registrar of titles for the county.
Lower facade means the portion of the facade that includes the storefront, the transom and the
stringcourse.
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Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building's lowest floor.
Mail order operation means an establishment that is primarily organized to promote, receive, and
fill requests for merchandise or services through the mail.
Maintenance, as used in article III of this chapter, means upkeep of property and equipment in a
safe working condition for which it was installed and/or constructed.
Maintenance, as used in article VI, division 5, subdivision II, of this chapter, means the cleaning
and painting of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard means a sloped roof or roof-like facade architecturally comparable to a building wall.
Manufactured home, unless otherwise defined in another division (for example floodplain
management), means a structure, not affixed to or part of real estate, transportable in one or more
sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or,
when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and electrical system
contained in it. A manufactured home is a dwelling. The term "manufactured home" does not
include the term "recreational vehicle".
Manufacturing, heavy, means a use engaged in the basic processing, manufacturing, packaging,
assembly, compounding or treatment of materials or products predominantly from extracted or raw
materials, or a use engaged in storage of or manufacturing processes using flammable or explosive
materials, or storage or manufacturing processes that potentially involve hazardous or commonly
recognized offensive conditions.
Manufacturing, light, means a use engaged in the manufacture, fabrication, processing, packaging
or assembly, predominantly from previously prepared materials, of finished products or parts, but
excluding basic industrial processing. The activities shall take place in a manner which will not
produce offensive conditions observable from neighboring properties.
Marquee means a permanent roof-like structure or canopy of rigid materials supported by and
extending from the facade of a building (compare Awning ).
Massage, therapeutic means the practice of rubbing, kneading, tamping, or rolling of the body with
the hands or any instrument, for the exclusive purpose of relaxation, physical fitness, or
beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor,
osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the
direction of any of such professionals, or beauticians and barbers who confine their treatments to
the scalp, face, and neck.
Massage, therapeutic establishment means an establishment in the business of providing therapeutic
massage services either to the public or as a private club.
Massage therapist means a person who practices or performs therapeutic massage on a person for
compensation and meets the licensing requirements set forth in chapter 38, article VI, division 3.
Mechanical equipment means heating, ventilation, exhaust, air conditioning, and communication
units integral to and located on top of, beside, or adjacent to a building.
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Medallion means a decorative element that is typically inlaid into the facade of a building often
bearing a figure in relief, a portrait, or as an ornament with a change in material.
Medical research, see research and development facility.
Metal panels means metal exterior finishes that are applied to the exterior of walls and roofs
which are greater than eight inches in width.
Metal siding means metal exterior finishes that are applied to the exterior of walls which are eight
inches or less in width.
Metes and bounds description means a description of real property which is not described by
reference to a lot or block shown on a map, but is described by starting at a known point and
describing the bearings and distances of the lines forming the boundaries of the property, or
delineates a fractional portion of a section, lot or area by described lines or portions thereof.
Microbrewery is a facility licensed under Minn. Stats. § 340A.301, subdiv. 6(c), (i), or (j) and may
brew no more than 20,000 barrels of its own brands of malt liquor annually. The on-site sale of malt
liquor is limited to off-sale only. Off-sale malt liquor shall be sold in 64-ounce growler or in 750
milliliter bottles, and is limited to 500 barrels annually. Microbreweries are not permitted to sell more
than ten percent of their product on-site.
Microdistillery means a state licensed distillery producing distilled spirits with a total quantity not
to exceed 40,000 proof gallons in a calendar year.
Mineral excavation has the meaning given in section 42-31.
Minimum subdivision design standards means the guidelines, principles and specifications for the
preparation of subdivision plans indicating, among other things, the minimum and maximum
parameters of the various elements set forth in the plans.
Ministorage means an enclosed storage facility containing multiple individual units used solely for
the storage of personal property. These units are intended to be leased or rented to private
individuals. This facility is not intended to be used for commercial or industrial storage, nor shall the
storage of flammable liquids or other hazardous materials be permitted.
Mobile home means a factory-built single-family detached dwelling which is equipped with
necessary service connections, is designed for year-round occupancy with or without a permanent
foundation, and is moveable as a unit, but is not a manufactured home. A travel trailer is not a
mobile home.
Mobile home park means a parcel of land so designated and improved with utilities, parking paths,
walks and access roads to accommodate mobile homes.
Model home means a home which is similar to others in a development and which is open to
public inspection for the purpose of selling the other homes. The inside and outside appearance
must remain as a home.
Motel means a building or group of buildings in which accommodations are provided to
transient guests, offered to the public for compensation, and in which access to and from each room
or unit is through an exterior door.
Motor vehicle means any self-propelled vehicle designed primarily for transportation of 15 or
fewer passengers or goods on land or water.
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Motor vehicle repair shop means a place where the sale of parts and accessories and the servicing and
repair of motor vehiclesautomobiles are conducted. Repair of motor vehiclesautomobiles shall
include, but is not limited to, uses permitted for motor vehicle service stations, radiator repair, major
mechanical and body work, straightening of body parts, painting, welding, storage of inoperable
automobiles, and overhauling of engines. Motor vehicle repair shop shall meet the following
conditions:
a. All repair services shall be conducted inside the building;
b. Merchandise shall be stored inside the building;
c. All damaged vehicles stored on the premises shall be stored within an area which is screened
by a six-foot high 100 percent opaque fence constructed of factory finished metal or vinyl
material;
d. The building shall comply with the material requirements of this section, and 30 percent of
any building face and all overhead doors facing any public street shall be constructed of glass
material;
e. No sales or display of merchandise outside the building;
f. The building shall be a minimum of 15,000 square feet.
Motor vehicle sales and service means any facility that sells and/or performs maintenance on motor
vehicles, trailers, and implements.
Motor vehicle service station means a place where gasoline or other automobile engine fuel stored
only in underground tanks, kerosene or motor oil, and lubricants or grease for operation of motor
vehicles are sold directly to the public on the premises, including the sale of minor accessories and
the servicing and minor repair of automobile. Minor repairs shall include tire servicing and repair,
replacement of mufflers with incidental welding, greasing and lubrication, and minor motor
adjustments. Minor repair shall not include major mechanical and body work, painting, welding,
storage of inoperable vehicles, or overhauling of engines.
Motor vehicle specialty service station means a place where gasoline or other automobile engine fuel
sales are prohibited. Lubricants for the operation of motor vehicles may be sold directly to the
public. Specialty stations are intended for the sale of minor accessories and minor repairs for
automobiles and small trucks. It is intended that specialty stations shall specialize in one or two
allowed uses and not generalize in all allowed uses. Minor repair shall include tire servicing and
repairs, replacement of mufflers, greasing and lubrication, minor motor adjustments, transmission
services, brake repairs, and auto glass replacement. Minor repairs shall not include mechanical and
body work, painting, welding, storage of inoperable vehicles, outside storage of overhauling engines.
Multi-tenant facility means a commercial, or industrial, or residential facility with multiple tenants
occupying a single structure.
Multiple-family dwelling means a dwelling or portion thereof containing two or more dwelling
units.
Municipal sewage system means the existing city sanitary system, as expanded, including collection
and treatment facilities established by the subdivider to serve the subdivision.
Mural means a graphic design or decorative image not designed or intended for advertising
purposes, which is painted directly on an exterior wall surface.
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Nameplate means a nonelectric on-premises identification sign giving only the name and address
of an occupant or group of occupants.
Natural waterway means a natural passageway in the surface of the earth so situated and having
such a topographical nature that surface or percolating water flows through it from other areas
before reaching a final ponding area.
Nonconforming sign means any sign which lawfully existed prior to June 18, 1990, the date of
adoption of the ordinance from which this chapter is derived, but does not conform to the
requirements of article VI, division 5, subdivision II, of this chapter.
Nonconforming use, as used in article VI, division 13, of this chapter, means the use of a structure
or land, or both, lawfully in existence on the effective date of the ordinance from which article VI,
division 13, of this chapter is derived which does not conform to the requirements applicable
thereto contained in article VI, division 13, of this chapter or which does not conform to provisions
of article VI, division 13, of this chapter as subsequently amended.
Nonconforming use, as used in article VI of this chapter, means the use of a structure or land, or
both, lawfully in existence on September 4, 1980, which does not conform to the requirements
applicable thereto contained in article VI of this chapter, or which does not conform to provisions
of article VI of this chapter as subsequently amended.
Nonprofit clubs, lodges, or halls means a not for profit association or organization dedicated to a
particular interest or activity that holds regular meetings and that may gather for an event or
regularly scheduled program. They shall not include sleeping facilities.
Nursery means an establishment for the growth, display, and/or wholesale of plants, shrubs,
trees, and materials used in indoor or outdoor planting.
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which
may impede, retard, or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Occupancy means the portion of a building or premises owned, leased, rented, or otherwise
occupied for a given use.
Occupant means any person, including the owner or operator, living, sleeping, cooking, and
eating in a dwelling unit, or living and sleeping in a rooming unit.
Off-road racing means a format of racing where various classes of specially modified
snowmobiles, cars, trucks, go-carts, and/or ATVs compete in races on dirt or snow tracks.
Off-street loading facility means a designated area located adjacent to a building where motor
vehicles may load and unload cargo.
Off-street parking facility, see parking lot or parking structure.
Office/showroom space means space that is utilized primarily for the display of products
manufactured. Such space may or may not be finished.
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On-sale liquor establishment has the meaning given in chapter 6.
Operate, as used in article III, division 3, of this chapter, means to charge a rental charge for the
use of a unit in a rental dwelling.
Operator, as used in article III, division 3, of this chapter, means the owner or his agent who has
charge, care, control, or management of a building, or part thereof, in which dwelling units or
rooming units are let.
Ordinary high-water level, as used in Section 78-502. article VI, divisions 12 and 13, of this chapter,
means the boundary of public waters and wetlands, and shall be an elevation delineating the highest
water level which has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes from predominantly aquatic
to predominantly terrestrial. For watercourses, the ordinary high-water level is the elevation of the
top of the bank of the channel. For reservoirs and flowages, the ordinary high-water level is the
operating elevation of the normal summer pool. 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 display means the display and sales of products or services primarily outside a principal
structure and limited to those items generally stored, used, or inspected outdoors.
Outdoor storage means the storage of any materials, products, or equipment outside of a principal
or accessory structure. This shall not include company vehicles used on a regular basis (near daily) or
enclosed trailers parked at a loading dock.
Outlot means a remnant from a subdivision that is not a developable piece of property unless
replatted in accordance with city ordinances.
Outpatient health care facility means a facility where a patient receives medical, dental, and/or
optical treatment without being admitted.
Owner, as used in article V of this chapter, means an individual or legal entity having sufficient
legal interest in the land sought to be subdivided to commence and maintain proceedings to
subdivide the land under article V of this chapter.
Owner, as used in article III of this chapter, means any person who, alone, jointly, or severally
with others, shall be in actual possession of, or have charge, care, or control of, any dwelling,
dwelling unit, or rooming unit within the city as owner, employee, or agent of the owner, or as
trustee or guardian of the estate or person of the title holder. Any person representing the actual
owner shall be bound to comply with the provisions of article III of this chapter to the same extent
as the owner.
Parapet means the extension of a false front or wall above a roofline.
Parapet panel means the area from the head of the uppermost windows to the bottom of the
articulated cornice.
Park owner means the owner of a manufactured home park and any person acting on behalf of
the owner in the operation or management of a park.
Parking, overflow event means temporary parking for a single event, on any surface, in non-
designated parking areas that does not exceed 50 percent of the required parking for a business.
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Parking lot means a site or structure, attached or detached, devoted to the off-street parking of
motor vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing
vehicular access to a public street.
Parks shall mean public or private land dedicated or designated for passive or active recreational
uses including, but not limited to, dedicated city, county, or state parks and open space, private
parks, and county fairgrounds.
Pawnbroker.
(1) Except as provided in subsection (2) of this definition, the term "pawnbroker" means a
person engaged in whole or in part in the business of lending money on the security of
pledged goods left in pawn, or in the business of purchasing tangible personal property to
be left in pawn on the condition that it may be redeemed or repurchased by the seller for a
fixed price within a fixed period of time.
(2) The following are exempt from the definition of "pawnbroker": any bank regulated by the
state, the comptroller of the currency of the United States, the Federal Deposit Insurance
Corporation, the board of governors of the Federal Reserve System, or any other federal or
state authority and their affiliates; any bank or savings association whose deposits or
accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any
successor to it and all affiliates of those banks and savings associations; any state or
federally chartered credit union; and any industrial loan and thrift company or regulated
lender subject to licensing and regulation by the state department of commerce.
Pawnshop means the location at which or premises in which a pawnbroker regularly conducts
business. Pawnshops shall be setback 250 feet from any residential zone and 500 feet from schools,
parks, day care centers, churches and other pawnshops, measured from property line to property
line.
Pedestrian way means a concrete sidewalk or bituminous trail located within a public right-of-way
or easement across or within a block, to be used by pedestrians.
Permissible occupancy means the maximum number of persons permitted to reside in a dwelling
unit or rooming unit.
Personal service establishment means a place where personal services are provided to individuals on
the premises. Uses may include, but not limited to, beauty, hair, tanning, nail, and tattoo salons.
Therapeutic massage establishments when operated by a certified and licensed (by the city) massage
therapist, shall be considered a personal service establishment. a place where, for a fee, personal
services are provided to individuals on the premises. Such uses traditionally include beauty parlors,
and tanning salons. Therapeutic massage establishments when operated by a certified, licensed (by
the city) massage therapist shall be considered a personal service establishment.
Photovoltaic system (PV). An active solar energy system that converts solar energy directly into
electricity.
Physical recreation or training means a business that provides physical exercise, training or
recreation equipment and/ or space for use on site. Health and fitness centers, dance studios, and
gymnastics facilities shall be considered examples of such use. Training or self improvement shall be
an important component of the activity, and differentiate it from commercial recreation uses, where
sport is the predominate activity.
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Planned unit development means a type of development characterized by a unified site design for a
number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also
usually involving clustering of these units or sites to provide areas of common open space, density
increases, and a mix of structure types and land uses. These developments may be organized and
operated as condominiums, timeshare condominiums, cooperatives, full fee ownership, commercial
enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential
condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts,
hotels, motels, and conversions of structures and land uses to these uses.
Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minn.
Stats. ch. 505 and containing all elements and requirements set forth in applicable local regulations
adopted pursuant to Minn. Stats. § 462.358 and Minn. Stats. ch. 50.
Platting authority means the city council.
Plumbing means all of the following supplied facilities and equipment in a dwelling: gas pipes,
gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets,
sinks, installed dishwashers, lavatories, bathtubs, showerbaths, installed clothes washing machines,
catchbasins, drains, vents, and any other similar fixtures and the installation thereof, together with all
connections to water, sewer, and gas lines.
Police chief means the police chief for the city, or his designated agents.
Portable sign (see temporary sign).
Preliminary plat means the preliminary map, drawing or chart indicating the proposed layout of
the subdivision to be submitted to the planning commission and city council for their consideration.
Premises, as used in article VI, division 5, subdivision II, of this chapter, means a parcel of land
with its appurtenances and buildings which, because of its unity of use, may be regarded as the
smallest conveyable unit of real estate.
Premises, as used in article VI of this chapter, means a lot or plot with required front, side and
rear yards for a dwelling or other use as allowed under this article.
Preserved open space means a tract of land with a conservation easement over it that is used for,
but not limited to, agriculture, natural habitat, walkways (sidewalks) and pathways or recreation.
Primary facade means any building facade directly fronting a public street, park or the river.
Corner units shall have at least two primary facades.
Principal use or structure means all uses or structures that are not accessory uses or structures.
Printing shop means a facility for the reproduction of written or graphic materials on a custom
order basis for individuals or businesses, including publishing, binding, and engraving.
Private recreational facility means a building, structure or open space designed as an accessory
recreational use to a permitted principal use. Private recreational facilities include such uses as
swimming pools and tennis courts and are not open to the general public and not operated for
profit.
Produce market means the offering for sale, directly to the consumer, of fresh agricultural
products, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to
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include second-hand goods).
Proof gallon means one liquid gallon of distilled spirits that is 50 percent alcohol at 60 degrees
Fahrenheit.
Property maintenance code means the current city code and its amendments, or the International
Property Maintenance Code and its amendments as promulgated by the International Code Council
and adopted by the city.
Protective covenants means contracts entered into between private parties which constitute a
restriction on the use of all or some of the private property within a subdivision for the benefit of
the property owners.
Public parks, playgrounds and open space or public parks means public land, playgrounds, and/or open
space available for recreational, educational, cultural, or aesthetic use, which may include recreational
features, including play structures and public shelters. Any area designated by the city as a park.
Public utility means persons supplying gas, electric, transportation, water, sewer, or land line
telephone service to the general public. For the purpose of article VI of this chapter, commercial
wireless telecommunication service facilities shall not be considered public utility uses, and are
defined separately.
Public waters means any waters as defined in Minn. Stats. § 103G.005, subds. 15, 15a.
Quadraminium means a four-family dwelling organized pursuant to Minn. Stats. ch. 515A art. 2
(Minn. Stats. § 515A.2-101 et seq.)
Railyard means an area of land, a portion of which is covered by a system of tracks, which
provides for the making up of trains by one or more railroads or private industry concerns.
Necessary functions of a railyard include but are not limited to the classifying, switching, storing,
assembling, distributing, consolidating, moving, repairing, weighing, or transferring of cars, trains,
engines, locomotives, and rolling stock.
Reach is a hydraulic engineering term used to describe a longitudinal segment of a stream or
river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typically constitute a reach.
Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. The term recreational
vehicle shall be synonymous with the term travel trailer or travel vehicle:
(1) Is not used as the residence of the owner or occupant;
(2) Is used while engaged in recreational or vacation activities; and
(3) Is either self-propelled or towed on the highways incidental to the recreational or vacation
activities.
Recycling processing center means land or buildings where reusable materials are bought, sold,
exchanged, stored, baled, cleaned, packed, disassembled or handled, including metal, rags, plastic,
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paper, cardboard, rubber (excluding tires), glass and wood products, or where segregated waste
materials are reprocessed into usable, salable products. The staging of motor vehicles for processing
off site shall be permitted. The salvage of motor vehicles and machinery parts are not included and
shall be prohibited at a recycling processing center.
Regional flood means a flood which is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100-year recurrence interval. The term "regional flood" is
synonymous with the term "base flood" used in the flood insurance study.
Regulatory flood protection elevation means an elevation no lower than one foot above the elevation
of the regional flood plus any increases in flood elevations caused by encroachments on the
floodplain that result from designation of a floodway. The regulatory flood protection elevation for
West Twin Lake, which is an approximate A zone without a regional/base flood elevation published
by the Federal Emergency Management Agency, shall be elevation 930.1 (National Geodetic Vertical
Datum, 1929 adjustment).
Rental dwelling means a dwelling for hire.
Rental dwelling license means the license required by article III of this chapter to operate a rental
dwelling in the city.
Research and development facility means a structure or complex of structures designed or used
primarily for research and development functions related to industry and similar fields of endeavor,
which does not involve the mass manufacture, fabrication, processing, or sale of products.
Residential planned development means a use where the nature of residency is nontransient and the
major or primary focus of the development is not service oriented. For example, residential
apartments, manufactured home parks, timeshare condominiums, townhouses, cooperatives and full
fee ownership residences would be considered planned unit developments. To qualify as a residential
planned unit development, a development shall contain at least five dwelling unit sites.
Restaurant, (class I) means a restaurant where food served to the customer is to be consumed by
the customer while seated on the premises. Class I restaurants are of a traditional or sit-down variety
restaurant where food is served to a customer at a table while seated, as distinguished from the fast
food or convenience variety. Carryout food sales are permitted if incidental to a sit-down restaurant.
Restaurant, (class II) means a restaurant where a majority of customers order and are served their
food at a counter in packages prepared to leave the premises, or able to be taken to a table, counter,
automobile, or off the premises to be consumed; or a drive-in where most customers consume their
food in an automobile regardless of how it is served.
Retail sales means a commercial enterprise that provides goods directly to the consumer, where
such goods are available for immediate purchase and removal from the premises by the purchaser.
Right-of-way means the land occupied or intended to be occupied by a street, sidewalk, pedestrian
way, utilities or other specific use.
Rodent harborage means a place where rodents commonly live, nest, or establish their habitat.
Roof means the cover of any building, including the eaves and similar projections.
Roof, flat means a roof having a slope of less than two units of rise for every 12 units of run.
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Roof-mounted solar energy system means a solar energy system mounted to the roof of a structure.
Roof, pitched means a roof having a slope of two units of rise for every 12 units of run or greater.
Roofline means the highest edge of a roof or building parapet, whichever is higher, excluding any
cupolas, pylons, chimneys, or minor projections. On buildings with a parapet higher than three feet
above the height of the roof of the structure, the roofline shall be limited to three feet above the
roof of the structure.
Rooming unit means any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
Rural-based business means any commercial activity engaged in as a means of livelihood or profit
located outside of a commercial district which requires space in a rural environment and cannot be
located within developed areas of the city.
Safety means the condition of being reasonably free from danger and hazards which may cause
accidents or disease.
Salvage Yard, means land or buildings where products resulting from the wrecking of vehicles or
other machinery are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or
handled. The outdoor storage of two or more inoperative motor vehicles shall also be considered a
junkyard.
Sauna, steam bath and heat-bathing establishmentroom means a room used for the purpose of bathing,
reducing, or relaxing utilizing steam or hot air as a cleansing, reducing, or relaxing agent. The term
"sauna" does not apply to a sauna or steam room located within a hotel, motel, health club, or
athletic facility.
Screened storage means the storage of goods, materials, or equipment placed or left in a location
on the premises that is screened with a visual shield between uses accomplished by the use of berms,
landscaping, walls, or other aesthetic means. The visual screen should provide an opaque shield from
viewing of on-site storage when viewed from eye level at all points of the right-of-way abutting or
serving the property.
Screening means a barrier which blocks all views from public roads and adjacent differing land
uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment.
Secondary facade means any building facade that does not directly front a public street, park or the
river. Walls that extend above the roofline of an adjoining building shall be treated as secondary
facades.
Selective cutting means the removal of single scattered trees.
Setback, as used in article VI, division 13, of this chapter, means the minimum horizontal
distance between a structure and sewage treatment system and the ordinary high-water level, top of a
bluff, road, or highway.
Setback, as used in article VI of this chapter, means the shortest horizontal distance between the
lot line and the foundation wall of the building or the allowable building line as defined by the yard
requirements contained in article VI of this chapter.
Sewage means any water-carried domestic wastes, exclusive of footing and roof drainage, from
any industrial, agricultural or commercial establishment, or any dwelling or other structure.
Domestic waste includes, but is not limited to, liquid waste produced by bathing, laundry, and
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culinary operations, and liquid wastes from toilets and floor drains. Domestic waste specifically
excludes animal waste and commercial process wastes.
Sewage treatment system, as used in article VI, divisions 12 and 13, of this chapter, means a septic
tank and soil absorption system or other individual or cluster type sewage treatment system as
described and regulated in sections 30-2028 and 30-2138.
Sewer system means pipelines or conduits, pumping stations, and force mains, and all other
construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste
or other wastes to a point of ultimate disposal.
Sexually oriented land uses mean any building, structure, establishment, place of business or use of
property which is engaged in:
(1) The sale, barter, rental, or distribution of printed matter, pictures, slides, videotape,
audiotape or film depicting specified anatomical areas or specified sexual activities;
(2) The sale, barter, rental or distribution of sexual devices or paraphernalia; or
(3) Services or entertainment, if such service or entertainment is characterized by, depicts or
exhibits specified anatomical areas or specified sexual activities.
Sexually oriented land uses do not include any building, structure, establishment or use of property
for retail or rental of merchandise where ten percent or less of the display floor area is used for
sexually provocative material as proscribed in Minn. Stats. § 617.293 and where the merchandise
described in this definition is screened and controlled to prohibit access by minors.
Shore impact zone means land located between the ordinary high-water level of public water and a
line parallel to it at a setback of 50 percent of the structure setback.
Shoreland means land located within the following distances from public waters: 1,000 feet from
the ordinary high-water level of the lake, pond, or flowage; and 300 feet from a river or stream, or
the landward extent of a floodplain designated by ordinance on a river or stream, whichever is
greater. The limits of shorelands may be reduced whenever the waters involved are bounded by
topographic divides which extend landward from the waters for lesser distances and when approved
by the commissioner of the state department of natural resources.
Shopping center means the building shell structures planned and designed for the site on which it
is built, functioning as a unit, with off-street parking, landscaped areas, and pedestrian malls or
plazas may be provided on the property as an integral part of the unit.
Sign means any device, structure, fixture, or placard using graphics, symbols, and/or written
copy designed specifically for the purpose of advertising or identifying any establishment, product,
goods, or services.
Sign, abandoned, means a sign which no longer identifies or advertises a bona fide business,
lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
Sign, address, means a sign which identifies the numerical address of the premises on which the
sign is located.
Sign, advertising, means an off-premises sign which is specifically allowed by this chapter.
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Sign, alteration of, means any change, reconstruction, relocation, or enlargement/reduction of a
sign, or of any of its component parts. Routine maintenance and the repainting shall not be deemed
to be an alteration.
Sign area.
(1) The area of any sign shall be the rectangular area of the largest face, including its border
area. For signs that are composed of individual letters or symbols, have an irregular shape,
have open spaces or are composed of two or more individual cabinets, the sign area shall
be the area of the smallest single rectangular figure that encloses it.
(2) If a freestanding or monument sign is constructed so that the faces are not back to back,
the angles shall not exceed ten degrees. If the angle is greater than ten degrees, the total
area of both sides added together shall not exceed the maximum allowable sign area for
that district.
Sign, area identification means a freestanding or wall sign which identifies a specific residential
subdivision development whether single-family or multifamily, or a commercial development or an
industrial park, and which is located on the same premises as the development which it identifies.
Sign, awning, means a sign painted on, printed on, or attached flat against the surface of an
awning.
Sign, banner, means a sign made of fabric or any non-rigid material with no enclosing framework.
Sign, boulevard, means any stationary self-supported sign fixed to a base flush to the ground and
not affixed to any other structure.
Sign, cabinet, means a sign or portion of a sign constructed to be supported in substantial part by
means of a separate box-like structure, with each segment of the sign message attached to one or a
group of supports.
Sign, canopy, means any message or identification which is affixed to a projection or extension of
a building or structure, erected in such a manner as to provide a shelter or cover over the approach
to any entrance of a store, building or place of assembly.
Sign, changeable copy, means a sign or portion thereof with characters, letters or illusions that can
be changed or rearranged mechanically without altering the face of the surface of the sign.
Sign, changeable copy (manual), means a sign on which copy is changeable manually rather than by
automation.
Sign, city monument means a free-standing sign sponsored or approved by the city for the sole
purpose of identifying the City of Elk River.
Sign, (clearance of a) means the smallest vertical distance between the lowest point of any sign,
including the framework and embellishments, and the grade directly below it.
Sign, construction, means a temporary sign erected on the premises on which construction is
taking place, during the period of such construction, indicating the names of the architects,
engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters,
sponsors, and similar individuals or firms having a role or interest with respect to the situation or
project.
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Sign, digital changeable copy, includes, but is not limited to, any flashing, blinking, or animated
display, and any display that incorporates LED lights manipulated through digital input, "digital ink,"
or any other method or technology that allows the sign face to present a series of images or displays.
Sign, directional, means a sign erected on private property for the purpose of directing pedestrian
or vehicular traffic onto or about the property upon which such sign is located, including signs
marking entrances and exits, circulation direction, parking areas, and pickup and delivery areas,
which does not display advertising copy.
Sign, electrical, means a sign or sign structure in which electrical wiring, connections, or fixtures
are used.
Sign, face of, means the area of a sign on which the copy is placed.
Sign, freestanding, means any sign not attached to a principal or accessory building.
Sign, government, means any temporary or permanent sign erected and maintained by the city,
county, state or federal government for traffic direction or for identification of or direction to any
school, hospital, historical site, or public service, property, or facility.
Sign height means the vertical distance measured perpendicularly from the highest point of the
sign to the grade of the adjacent street or to the surface grade beneath the sign, whichever is the
greater distance.
Sign, illegal, means a sign which has not received a permit to be installed or does not meet the
requirements of this Code and which has not received legal nonconforming status.
Sign, illuminated, means a sign with an artificial light source incorporated internally or externally
for the purpose of making the sign message visible at night.
Sign, incidental, means a small sign, emblem, or decal informing the public of facilities or services
available on the premises.
Sign, marquee, means any sign attached to or supported by a marquee structure.
Sign, monument, means a type of freestanding sign supported by an internal structural framework
covered by solid structural feature such that the support structure is not visible. The solid structural
feature shall be at least 75 percent of the sign width.
Sign, moving, means any sign or device which has any visible moving parts, visible revolving
parts, or visible mechanical movements.
Sign, nonconforming means any sign which lawfully existed prior to June 18, 1990, the date of
adoption of the ordinance from which this chapter is derived, but does not conform to the
requirements of article VI, division 5, subdivision II, of this chapter.
Sign, off-premises, means any sign advertising an establishment, entertainment, goods, products, or
services, not produced, manufactured, located or sold on the premises the sign is located.
Sign, painted wall, means any sign which is applied with paint or similar substance on the face of a
wall.
Sign, political, means a temporary sign used in connection with any local, state, or national
election or referendum.
Sign, portable, means a two-sided sign that is not permanently affixed to a structure or the ground
(i.e. A-frame or sandwich-board signs).
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Sign, private sale or event, means a temporary sign advertising private sales of personal property
such as house sales, garage sales, and the like or private not-for-profit events such as picnics,
carnivals, bazaars, game nights, art fairs, and craft shows.
Sign, projecting means a sign, other than a wall sign, which is attached to and projects
perpendicular from a building wall.
Sign, real estate, means a sign advertising the real estate upon which the sign is located as being
for rent, lease, or sale.
Sign, roof, means a sign that is mounted on the roof of a building or which is wholly dependent
upon a building for support and which projects above the roofline of a building with a flat, gambrel,
or hip roof or the deck line of a building with a mansard roof.
Sign, rotating, means a sign in which the sign itself or any portion of the sign moves in a
revolving or similar manner.
Sign, temporary, means any sign designed to be movable from one location to another and which
is not permanently attached to the ground and/or structure.
Sign, wall, means a sign attached to and parallel to the wall of a building.
Sign, window means a sign posted, painted, placed, or affixed in or on a window exposed to
public view. An interior sign that faces a window exposed to public view and located within three
feet of the window is considered a window sign for the purpose of calculating the total area of all
window signs.
Significant historic site means any archaeological site, standing structure, or other property that
meets the criteria for eligibility for the National Register of Historic Places or is listed in a state
register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions
of Minn. Stats. § 307.08. A historic site meets these criteria if it is presently listed on either register
or if it is determined to meet the qualifications for listing after review by the state archaeologist or
the director of the Minnesota Historical Society. All unplatted cemeteries are automatically
considered to be significant historic sites.
Single-family dwelling, as used in article VI, division 13, of this chapter, means a detached building
containing one dwelling unit.
Site plan means a plan drawn approximately to scale but not necessitating a survey, showing uses
and structures proposed for a parcel or lot, which delineates, as appropriate, the following: property
line location and dimensions, streets and alleys, the location and size of all existing and proposed
structures, location of existing and proposed utility lines and easements and major landscape features
and open space.
Sketch plan means an informal layout of the proposed subdivision including preliminary
topographic data, location of existing structures, requested zoning changes, relationship to existing
community facilities and relationship to existing surrounding land use. This plan is not necessarily
drawn to scale and exact accuracy is not a requirement.
Solar air heat. See solar hot air system.
Solar energy system means a set of devices, including concentrated solar systems, whose primary
purpose is to provide for the collection, storage and distribution of solar energy for space heating or
cooling, electricity generation or water heating.
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Solar furnace. See solar hot air system.
Solar farm means a commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, for
the principal purpose of wholesale sales of generated energy.
Solar hot air system means an active solar energy system that includes a solar collector to provide
direct supplemental space heating by heating and re-circulating conditioned building air.
Solar hot water. See solar thermal system
Solar storage unit means a component of a solar energy device that is used to store solar generated
electricity or heat for later use.
Solar thermal system means a system that includes a solar collector and a heat exchanger that heats
or preheats either a liquid or gas for building heating systems or other hot water needs of the
building.
Solid waste facility means all property, real or personal, including negative and positive easements,
water and air rights, all stormwater management facilities, and all buffer areas or buffer zones, which
are or may be required, needed or useful for the processing or disposal of waste and for which
processing or disposal of waste a license is required under the provisions of this Code. Solid waste
facilities include, but are not limited to, transfer stations; sanitary landfills; solid waste processing
facilities, including resource recovery and waste reduction facilities; and waste burning facilities,
including incinerators, boilers and other facilities for burning processed or unprocessed solid waste.
Solid waste processing facility means a facility at which solid waste is sorted, reduced, compressed,
shredded, compacted or prepared for recycling, burning, or landfilling, including resource recovery
facilities, waste reduction facilities, refuse derived fuel facilities, etc.
Specified anatomical areas means:
(1) Less than completely and opaquely covered:
a. Human genitals or pubic region;
b. Buttock; and
c. Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1) Acts of human masturbation, sexual intercourse or sodomy, sadomasochism, or any acts of
bestiality.
(2) Fondling or other erotic touching of human genitals, pubic region, buttock or breast of
either male or female.
(3) Human genitals in a state of sexual stimulation or arousal.
Stable, private, means the keeping, breeding, raising and use of horses or ponies on open space
owned and maintained by an association of adjacent property owners for the exclusive personal use
and enjoyment of association members and for which commercial gain is not the objective.
Standard subdivision means a subdivision involving the creation of more than four parcels, tracts,
or lots.
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Steep slope means land where agricultural activity or development is either not recommended or
described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and
described in available county soil surveys or other technical reports, unless appropriate design and
construction techniques and farming practices are used in accordance with the provisions of article
VI, division 12, of this chapter. Where specific information is not available, steep slopes are lands
having slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not
bluffs.
Storefront means that portion of the facade from the sidewalk to the head of the entrance door.
Story means that portion of the building included between the surface of any floor and the
surface of the next floor above it or, if there is no floor above it, the space between the floor and the
ceiling next above it.
Storage tank means any one of a combination of tanks, including underground pipes connected
thereto, which is used to contain an accumulation of regulated substances.
Streets and alleys:
Alley means a public right-of-way which is used primarily for secondary vehicular service
access to the back or the side of properties abutting on a street.
Arterial street means a street or highway with access restrictions designed to carry large
volumes of traffic between various sectors of the city or county and beyond.
Collector street means a street which carries traffic from minor streets to arterials.
Cul-de-sac means a minor street with only one outlet and having an appropriate turnaround
for the safe and convenient reversal of traffic movement.
Marginal access street means a minor street which is parallel and adjacent to an arterial street
and which provides access to abutting properties and protection from through traffic.
Minor street means a street of limited continuity which is used primarily for access to
abutting properties.
Private street means a street serving as vehicular access to two or more parcels of land which
is not dedicated to the public but is owned and maintained by one or more private parties.
Street means a public right-of-way accepted, or a private right-of-way approved by public
authority pursuant to the requirements set forth for private streets under division 3 of article V of
this chapter, which provides a legal primary means of public access to abutting property. The term
"street" includes the term "highway," "thoroughfare," "arterial," "parkway," "collector," "avenue,"
"drive," "circle," "road," "boulevard" or any other similar term describing an entity complying with
the requirements set forth in this definition.
Street, arterial means a street or highway with access restrictions designed to carry large volumes
of traffic between various sectors of the city or county and beyond.
Street, collector means a street which carries traffic from minor streets to arterials.
Street, marginal access means a minor street which is parallel and adjacent to an arterial street and
which provides access to abutting properties and protection from through traffic.
Street, minor means a street of limited continuity which is used primarily for access to abutting
properties.
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Street, private means a street serving as vehicular access to two or more parcels of land which is
not dedicated to the public but is owned and maintained by one or more private parties.
Street, width means the shortest distance between the lines delineating the right-of-way of a
street.
Stringcourse means an area/band that is located at the second floor line separating the lower
facade from the upper facade. It shall be created with a reveal and/or change in the brick pattern
(i.e. a soldier course).
Structural alteration means any change or addition, other than incidental repairs, to the supporting
members of a building, such as bearing walls, columns, beams, girders or foundations, which would
prolong the building's life.
Structure, unless otherwise defined in another division (for example, floodplain management) as
used in article VI of this chapter, 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.
Structure, accessory means a structure or portion of a structure subordinate to the principal use, on
the same lot and customarily incidental thereto.
Structure, principal means a structure in which the primary use of the lot, on which the building is
located, is conducted.
Subdivider means any person commencing proceedings under article V of this chapter to effect a
subdivision of land under article V of this chapter for himself or for another.
Subdivision, as used in article V of this chapter, means the separation of an area, parcel, or tract
of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests
where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for
residential, commercial, industrial, or other use or any combination thereof, except those
separations:
(1) Where all resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500
feet in width for residential uses and five acres or larger in size for commercial and
industrial uses.
(2) Creating cemetery lots.
(3) Resulting from court orders or the adjustment of a lot line by the relocation of a common
boundary.
Subdivision, as used in article VI, division 13, of this chapter, means land that is divided for the
purpose of sale, rent, or lease, including planned unit development.
Substandard dwelling means any dwelling which does not conform to the minimum standards
established by this Code, including section 30-221.
Subsurface sewage treatment system program means Sherburne County Zoning Ordinance, section
17.5, as amended, including references to Minnesota Statutes and Minnesota Rules.
Supplied means paid for, furnished by, provided by, or under the control of the owner, operator,
or agent of a dwelling.
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Tangent means a straight line, also a straight line projected from the end of a curve, which is
perpendicular to a line in the curve drawn from the radius point to the end of the curve.
Temporary tent structure means a tent/canopy structure that is constructed of a lightweight frame
with a canvas, fabric or similar skin that is designed or intended to be erected at a site as protection
from the elements during a special occasion/event. The structure must comply with UL fire
retardant requirements.
Therapeutic massage means the practice of rubbing, stroking, kneading, tamping, or rolling of the
body with the hands or any instrument, for the exclusive purpose of relaxation, physical fitness, or
beautification, and for no other purpose, by a person not licensed as a medical doctor, chiropractor,
osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the
direction of any of such professionals, or beauticians and barbers who confine their treatments to
the scalp, face, and neck.
Therapeutic massage establishment means an establishment in the business of providing therapeutic
massage services either to the public or as a private club.
Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding 18
percent.
Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18
percent.
Tower means any ground- or roof-mounted pole, spire, structure, or combination thereof taller
than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the
purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
Townhome means a one-family dwelling in a row of at least two attached units in which each unit
has its own front and rear access to the outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more fire resistant walls.
Townhouse, attached, means a dwelling unit which is part of the multifamily dwelling whose units
are attached horizontally by a series of common or party walls. A townhouse is attached to its own
foundation, contains no independent dwellings above or below and has a private entrance at ground
level.
Tracing means a plat or map drawn on transparent paper or cloth which can be reproduced by
using regular reproduction procedure.
Tractor means every motor vehicle designed and used primarily for drawing other vehicles,
trailers, equipment, or implements of husbandry, and not so constructed as to carry any load thereon
other than part of the weight of the load being drawn.
Tractor trailer means a combination trucking unit consisting of a tractor hooked up to a full
trailer or a semitrailer.
Trailer means a vehicle designed to be towed by a motor vehicle or tractor but not designed for
human occupancy and which may include, but not limited to, a utility trailer, boat trailer, horse
trailer, or tractor trailer.
Trailer, temporary, means a trailer or mobile home used for no more than six months as a
temporary form of residential dwelling on a lot where a house is being constructed. Temporary
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trailers may be used in agricultural and single-family residential districts, only following the receipt of
a conditional use permit.
Trailer, travel, means a vehicle or moveable structure which is designed, intended or used for
temporary human habitation during recreational or vacation activities. The term includes, without
limitation, recreational vehicles, campers, camper trailers and tents, and house travel and tent trailers,
but does not include mobile homes.
Transfer station means a solid waste facility at which solid waste collected from any source is
temporarily deposited to await transportation to another solid waste facility.
Transom area means the area between the head of the entrance door and the bottom of the
stringcourse.
Tree, coniferous means a woody plant which, at maturity, is at least 30 feet or more in height, with
a single trunk, fully branched to the ground, having foliage on the outermost portion of the
branches year-round.
Tree, overstory means a woody plant which, at maturity, is 30 feet or more in height, with a single
trunk unbranched for several feet above the ground, having a defined crown, and which loses leaves
annually.
Tree, ornamental tree means a woody plant which, at maturity, is less than 30 feet in height, with a
single trunk, unbranched for several feet above the ground, having a defined crown, and which loses
leaves annually.
Travel trailer court means a park, court, campsite or lot, tract, or parcel of land maintained or
intended for the purpose of providing location or accommodation for travel trailers, provided that
parcels or lots used for the inspection and sale of such trailers are not trailer courts.
Triplex means a three-family dwelling; each unit may be for rent or owner-occupied.
Truck terminal means any use, area, or building where cargo, trucks, truck parts, loading
equipment, etc., is stored and/or where trucks load and unload on a regular basis.
Unit or unit width means the measurement of an implied facade.
Unit area means the area defined as the unit width times the downtown building height.
Unsafe, as applied to a structure, means a condition or a combination of conditions which is
dangerous or hazardous to persons or property.
Unsanitary means conditions which are dangerous or hazardous to the health of persons.
Upper facade means the portion of facade from the stringcourse to the bottom of the articulated
cornice.
Use means the purpose for which land or premises or a structure thereon is designed or
intended, or for which it is occupied or maintained.
Use, accessory, means a use subordinate to and serving the principal use on the same lot and
customarily incidental thereto.
Use, permitted, means a use which of itself conforms with the requirements and performance
standards of a particular district.
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Use, principal, means the main use of land or buildings as distinguished from subordinate or
accessory uses. A principal use may be either permitted or conditional.
Variance, unless otherwise defined in another division (for example, floodplain management)
means a modification or variation of the provisions of this chapter as provided in section 30-325.
Veterinary clinic means any facility maintained by or for the use of a licensed veterinarian in the
diagnosis, treatment, or prevention of animal diseases wherein the overnight care of said animals is
prohibited except when necessary in the medical treatment of the animal.
Vision clearance triangle means the area of a corner lot bounded by the right-of-way lines and a
line connecting the two points on the property lines 30 feet from the intersection of the property
lines.
Warehouse space means the space used for storing merchandise or commodities. The area
occupied by the act of shipping or receiving merchandise shall not be included in the floor area
calculation for warehouse space.
Water-oriented accessory structure or facility means a small, aboveground building or other
improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship
of its use to a surface water feature, reasonably needs to be located closer to public waters than the
normal structure setback. Examples of such structures and facilities include boathouses, gazebos,
screen houses, fish houses, pump houses, and detached decks.
Water sports facility means a facility where non-motorized water activities such as, but not limited
to, wake boards, knee boards, and water skis, are powered by a secondary power source.
Wayside stand means a structure used for the seasonal retail sale of agricultural goods,
floriculture, and horticulture produced by the operator of the wayside stand. The operator of the
stand must provide written permission of the property owner to the city.
Weeds are noxious weeds as defined and designated pursuant to the "Minnesota noxious weed
law", Minnesota Statutes, Section 18.76-18.88, as amended from time to time.
Wetland, as used in article VI, division 13, of this chapter, means land that is annually subject to
periodic or continual inundation by water, commonly referred to as a bog, swamp, or marsh.
Wetland means a surface water feature classified as a wetland in the United States Fish and
Wildlife Service Circular No. 39 (1971 edition) or as defined in Minn. Stats. § 103F.612, subd. 1.
Wetland buffer strip is an area of vegetated ground cover around the perimeter of a wetland that,
either in its natural condition or through intervention, has the characteristics of a buffer as
previously defined.
Wind turbine means a machine that converts the kinetic energy in the wind into a usable form.
Wholesale business means an establishment or place of business primarily engaged in selling
and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for,
or selling merchandise to, such individuals or companies.
Yard means an open space on the same lot with a building or structure, which is unoccupied
and unobstructed from the ground up except for accessory structures or as otherwise permitted by
city ordinance. (See figure A at the end of this section.)
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Yard, front, means a yard extending along the full width of a front lot line between side lot lines
and from the front lot line to the nearest structure building line in depth. On a corner lot, the front
yard shall be on each street, with the rear yard being opposite the address side. (See figure A at the
end of this section.)
Yard, garage side, means a yard extending from the front yard to the rear yard and lying between
the side lot line and the nearest attached accessory structure building line. (See figure A at the end of
this section.)
Yard, rear, means a yard extending along the full width of a rear lot line (opposite the addressed
side) between side lot lines and from the rear lot line to the nearest structure building line in depth.
(See figure A at the end of this section.) In determining the depth of the rear yard for any structure
building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding
ten feet, may be considered as a portion of the rear yard.
Yard, side, means a yard extending from the front yard to the rear yard and lying between the
side lot line and the nearest principal structure building line or detached accessory structure building
line. (See figure A at the end of this section.)
Yard waste site means a site approved by the city, Sherburne County, and the Minnesota
Pollution Control Agency, if required, for the storage, transfer or composting of yard waste.
Zero lot line means the location of a building on a lot of record in such a manner that one or
more of the building's sides rests directly on a lot line of a lot of record and which shares a common
wall with one or more buildings within the zoning lot.
Zoning lot means a parcel of land occupied or used or intended for occupancy or use for a
purpose identified in article VI of this chapter and identified as such for the purposes of zero lot line
development. The parcel shall abut a public street and shall be of sufficient size to satisfy and meet
all dimensional regulations required by article VI of this chapter. The designated zoning lot may
encompass more than one lot of record and shall serve as a unified development site for purposes of
application of standards.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this Click here to enter day this will
be adopted day of Click here to enter month this will be adopted, 2018.
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John J. Dietz, Mayor
ATTEST:
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Tina Allard, City Clerk