This is an ordinance for the regulation of the use of land in the City of Kellogg, including the regulation of the location, size, use and height of buildings, the arrangement of buildings on lots and the density of population for the purpose of promoting the public health, safety, order, convenience and general welfare of the citizens of Kellogg.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter shall be known, cited and referred to as the "Kellogg Zoning Ordinance."
This chapter has been enacted in accordance with authority granted the City in Minn. Stat. §§ 462.357 and 462.358.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter is adopted for the purpose of:
A. 
Implementing the goals and policies of the Kellogg Comprehensive Plan by regulating land uses.
B. 
Protecting the public health, safety, comfort, convenience, and general welfare.
C. 
Promoting orderly development of residential, commercial, industrial, recreational, and public areas.
D. 
Conserving and protecting the natural resources in the City.
E. 
Providing for the compatibility of different land uses and the most appropriate use of land throughout the City.
F. 
Minimizing environmental pollution.
G. 
Conserving energy through the encouragement of alternative energy usage for commercial, industrial, and residential areas.
[Amended 1-12-2004]
The jurisdiction of this chapter shall apply to all the area within the City of Kellogg's incorporated limits.
From and after the effective date of this chapter, no structure shall be erected, constructed, enlarged, reconstructed, or altered and no structure or land shall be used or occupied for any purpose nor any manner which is not in conformity with this chapter, except as specifically provided herein. Any structure or use existing upon the effective date of the adoption of this chapter shall be considered a nonconforming use subject to the rights and limitations specified in Articles II, III and IV of this chapter.
A. 
This chapter shall be applicable to all lands, structures and waters within the corporate limits of Kellogg, Minnesota.
B. 
In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.
C. 
No part of the yard or open space required for a given building shall be included as a part of the yard or other space required for another building, and no lot shall be used for more than one principal building.
D. 
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, spires, wireless or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are hereby exempt from the height regulations of this chapter and may be erected in accordance with the City of Kellogg planning and zoning ordinances.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Temporary buildings that are used in conjunction with construction work, including trailers and manufactured/mobile homes used as offices and for tool storage, may be permitted in any district during the period that construction is taking place, but such temporary buildings shall be removed within 30 days after completion of construction work.
The language set forth in the text of this chapter shall be interpreted in accordance with the following terminology:
A. 
The singular number includes the plural and the plural the singular.
B. 
The present tense includes the past and the future tenses, and the future tense includes the present tense.
C. 
The word "shall" is mandatory, and the word "may" is permissive.
D. 
All measured distances expressed in feet shall be to the nearest foot.
E. 
In the event of conflicting provisions, the more restrictive provisions shall apply.
The following words and terms, whenever they occur in this chapter, are defined as follows:
ACCESSORY STRUCTURE
A subordinate building or structure on the same lot detached from the principal structure and occupied by or devoted exclusively to an accessory use, which is incidental to the principal use.
[Added 9-9-2020]
ACCESSORY USE
A use on the same lot with and of a nature which is clearly incidental and subordinate to a principal use.
[Amended 9-9-2020]
AGRICULTURAL USE
The use of land for the growing and/or production of field crops, livestock and livestock product for the production of income, including but not limiting to the following:
A. 
Field crops, including barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers.
B. 
Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, and other animals, including dogs, ponies, deer, rabbits, and mink.
C. 
Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.
ALLEY
A street or thoroughfare affording secondary access to abutting property.
AGRICULTURAL BUILDING OR STRUCTURE
Any building or structure existing or erected, which is used principally for agricultural purposes, with the exception of dwelling units.
APARTMENT
A room or suite of rooms with separate cooking an bath facilities available which is occupied as a residence by a single family or group of individuals living together as a single family unit. This includes any unit in buildings with more than two dwelling units.
AUTO OR MOTOR VEHICLE REDUCTION YARD
A lot or yard where one or more unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sales as scrap, storage or abandonment. (See also "junkyard.")
AUTOMOBILE SERVICE STATION
A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles or any portion thereof.
BASEMENT
A portion of a building located partly underground but having 1/2 or more of its floor-to-ceiling height above the average grade of the adjoining ground. (See also "cellar.")
BED-AND-BREAKFAST, BOARDINGHOUSE, ROOMING OR LODGING HOUSE
A building other than a motel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more unrelated persons, but not to exceed 20 persons. Said building may or may not provide separate bath and cooking facilities.
BUILDING
Any structure having a roof, which may provide shelter or enclosure or persons, animals, chattel or property of any kind.
BUILDING HEIGHT
The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deckline of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on round or other arch-type roof, to the mean distance of the highest gable on a pitched or hip roof.
BUILDING LINE
Any structure parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line.
BUILDING SETBACK
The minimum horizontal distance between the building at its furthest protrusion and a lot line, or the normal high-water mark of a stream or river.
BUSINESS
Any occupation, employment or enterprise wherein merchandise is exhibited or sold or where services are offered for compensation.
CELLAR
That portion of a building having more than 1/2 of the floor-to-ceiling height below the average grade of the adjoining ground. The cellar shall not be counted as a story for purposes of height limitations. (See also "basement.")
CHURCH
A building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CITY
The City of Kellogg.
CLUB or LODGE
A club is a nonprofit association of persons who are bona-fide members paying annual dues, use of the premises being restricted to members and guests.
CLUSTERING/CLUSTER HOUSING
A development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.
COMMISSIONER
Commissioner of the Department of Natural Resources of the State of Minnesota.
COMPREHENSIVE PLAN
A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the City and its environs and includes any unit or part or such plan separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE
A use classified as conditional generally may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk or traffic congestion.
CONDOMINIUM
A form of individual ownership of an attached dwelling within a multifamily building with joint responsibility for maintenance and repairs of the common property. In a condominium, its occupant may own each apartment or townhouse outright, and each owner also owns a share of the land and other common property.
COOPERATIVE
A multiunit development operated for and owned by its occupants. Individual occupants do not own their own specific housing unit outright as in a condominium, but they own shares in the total enterprise.
CURB LEVEL
The grade elevation established by the City Council of the curb in front of the center of the building. Where no curb level has been established, the City Council shall determine a curb level or its equivalent for the purpose of this chapter.
DEVELOPMENT
Any man-made change to improve or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operation.
DRIVE-IN
Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.
DWELLING, ATTACHED
One that is joined to another dwelling or building at one or more side(s) by a party wall or walls and includes separate cooking and bath facilities.
DWELLING, DETACHED
One that is entirely surrounded by open space on the same lot with no common party walls.
DWELLING UNIT
A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding- or rooming houses or tourist homes. There are three principal types:
A. 
SINGLE-FAMILY DETACHEDA freestanding residence structure designed for or occupied by one family only.
B. 
SINGLE-FAMILY ATTACHEDA residential building containing two or more dwelling units with one common wall.
(1) 
DUPLEXA residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
(2) 
TOWNHOUSEA residential building containing two but less than nine dwelling units with at least one common wall for each unit, each unit so oriented as to have all exits open to the outside.
(3) 
MULTIPLE-FAMILYA residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a large (detached), with separate housekeeping and cooking facilities for each.
EARTH-SHELTERED BERM
An earth covering on the above-grade portions of building walls.
EARTH-SHELTERED BUILDING
A building constructed so the 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of livable space in residential units and of usable space in nonresidential buildings. An earth-sheltered building is a complete structure that does not serve just as a foundation or substructure for aboveground construction. A partially completed building shall not be considered earth-sheltered.
EASEMENT
A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways; roadways; utilities, including but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm or sewer drainageways and gaslines.
EFFICIENCY UNIT
A dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.
ESSENTIAL SERVICES
Overhead or underground electrical, gas, steam or water transmission or distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith but not including buildings.
EXTERIOR STORAGE
The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. (Includes open storage.)
EXTRACTION AREA
Any nonagricultural artificial excavation of earth exceeding 50 square feet of surface area of two feet in depth, other than activity involved in preparing land for earth-sheltered or conventional construction of residential, commercial and industrial buildings, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone and other natural matter, or made by turning, breaking or undermining the surface of the earth, except that public improvement projects shall not be considered extraction areas.
FAMILY
One or more persons related by blood, marriage or adoption. Five or fewer persons nonrelated by blood, marriage or adoption will be considered family regardless of the ownership of the unit amongst the five or fewer persons.
FARM
A tract of land which is principally used for agricultural activities, such as the production of cash crops, livestock or poultry farming. Such farms may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.
FENCE
Any partition, structure, wall or gate erected as a divider marker, barrier or enclosure and located along the boundary or within the required yard.
FLOOR AREA
The sum of the gross horizontal area of the several floors of the building or portion thereof devoted to particular use, including accessory storage areas located within a building or structure.
FRONTAGE
That boundary of a lot which abuts an existing or dedicated public street.
GARAGE, PRIVATE
An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.
GARAGE, SELF-STORAGE
Any building, which provides individual storage units, which are areas that may be accessed only by the individual who is storing materials in the unit or area. Any structure containing two or more such storage units shall be considered a self-storage garage.
GARAGE, STORAGE
Any building or premises used for housing motor-driven vehicles and at which automobile fuels are not sold or motor vehicles are not equipped, repaired, hired or sold.
GOVERNING BODY
The City Council of Kellogg.
GRADE
The average of the finished level at the center of the exterior walls of the building. For an earth-sheltered building, "grade" means the average of the finished level at the center of the lot. For a building with earth berms but less than 50% earth covering, "grade" means the average of the finished level at the center of the building at the beginning of the earth berm.
HOME OCCUPATION
Any gainful occupation or profession engaging in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit. Such units include professional offices, minor repair shops, photo or art studios, dressmaking, barbershops, beauty shops, tourist homes or uses deemed similar by the City Council.
HORTICULTURE
Horticulture uses and structures designed for the storage of products and machinery pertaining and necessary thereto.
HOTEL
A building, which provides a common entrance, lobby, halls and stairway and in which 20 or more people can be, for compensation, lodged with or without meals.
JUNKYARD
An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills. All junkyards shall be completely screened from all rights-of-way or developed areas with a solid fence or wall eight feet or more in height, maintained in good condition and landscaped with suitable plantings. All existing junkyards shall comply with these requirements within one year from enactment of this chapter or shall terminate their operation.
KENNEL
Any structure or premises on which four or more domestic animals (i.e., dogs, cats, etc.) over six months of age are kept for sale, breeding, profit, training, etc.
LANDSCAPING
Plantings, including trees, grass, ground cover and shrubs.
LODGING ROOM
A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
LOT
A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision of record or survey map, for the purpose of sale, lease or separate use thereof.
LOT AREA
The area of a lot in a horizontal plane bounded by the lot lines.
LOT COVERAGE
The area of the zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating lot coverage. Only the above grade portions of an earth-sheltered building shall be included in lot coverage calculations.
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE
The property line bordering a lot, except that any portion of a lot that extends into the public right-of-way shall be the lot line for purposes of this chapter.
LOT LINE, FRONT
That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street.
LOT LINE, REAR
That boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the minimum distance from the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD
Any lot which is one unit of plat heretofore duly approved and filed, one unit of an Auditor's subdivision or a registered land survey that has been recorded in the office of the County Recorder for Wabasha, Minnesota, prior to the effective date of this chapter.
LOT WIDTH
The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.
LOT, CORNER
A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135°.
LOT, SUBSTANDARD
A lot or parcel of land for which a deed has been recorded in the office of the Wabasha County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
MANUFACTURED HOME
A structure transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that the term includes any structure which meets all requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established by the State of Minnesota.
METES AND BOUNDS
A method of property description by means of their direction and distance from an easily identifiable point.
MINING
The extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided that such removal is an approved item in the building permit.
MODULAR HOME
A nonmobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made and permanently affixing the module to the site with a permanent foundation.
MOTEL (TOURIST COURT)
A building or group of detached, semidetached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.
MOTOR HOME or RECREATIONAL VEHICLE
Any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets and so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes and used for recreational purposes.
NURSERY, LANDSCAPE
A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
NURSING HOME
A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. The State Board of Health as provided for in Minn. Stat. § 144.50, shall license said nursing home.
OPEN SALES LOT (EXTERIOR STORAGE)
Any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for storing of it under the open sky prior to sale.
PARKING SPACE
A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.
PEDESTRIANWAY
A public or private right-of-way across or within a block, to be used by pedestrians.
PLANNED UNIT DEVELOPMENT
A residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by a homeowners' association.
PLANNING COMMISSION
The Planning Commission of Kellogg.
PORTABLE STORAGE CONTAINERS
Shipping container, truck/van bodies without wheels or carriage trailers or similar items not permanently attached to the ground with footings or foundation.
[Added 9-9-2020]
PRINCIPAL STRUCTURE OR USE
One which determines the predominate use as contrasted to accessory use of structure.
PROPERTY LINE
The legal boundaries of a parcel of property which may also coincide with a right-of-way line or a road, cartway and the like.
PROPERTY OWNER
Any person, association or corporation having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominate easement interest, or an option to purchase any of the same, but not including owners or interests held for security purposes only.
PROTECTIVE COVENANT
A contract entered into between private parties, which constitutes a restriction of the use of a particular parcel of property. Such covenants shall be considered valid only when they are recorded and filed in the office of the Wabasha County Recorder.
PUBLIC LAND
Land owned or operated by municipal, school district, county, state or other governmental units.
RECREATION, COMMERCIAL
Includes all uses such as bowling alleys, roller and skating rinks, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
RECREATION, PUBLIC
Includes all uses such as tennis courts, ball fields, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.
REGISTERED LAND SURVEY
A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into tract or tracts of a registered land survey with a number assigned pursuant to Minn. Stat. § 508.47.[1]
ROADSIDE STAND
A temporary structure enclosed and so designed and constructed that the structure is easily portable and can be removed.
ROW HOUSE
A multifamily dwelling that maintains private ingress and egress, is attached to its own foundation, contains no individual dwelling above and below it, and is attached to another common dwelling by a common wall.
SATELLITE DISH ANTENNA
An apparatus specifically designed and capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
SELECTIVE CUTTING
The removal of single scattered trees.
SETBACK
The minimum distance between a structure or sanitary facility and a property line.
SIGN
Any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising purposes. For purposes of this chapter, a flag constitutes a sign, but not including an emblem or insignia of a government, school or religious group when displayed for official purposes.
SIGN, ADVERTISING
Any sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such a sign is located.
SIGN, BUSINESS
Any sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located.
SIGN, FLASHING
Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.[2]
SIGN, FLAT WALL
A sign affixed directly to the exterior wall and confined within the limits thereof of any building and which projects from that surface less than 18 inches at all points.
SIGN, NAMEPLATE
Any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PROJECTING
Any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PYLON
Any freestanding sign erected upon a single pylon or post, which is in excess of 10 feet in height.
[3]
SIGN, ROTATING
Any sign which rotates or revolves around its axis by mechanical means.
[4]
SIGN, SURFACE AREA OF
The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside of the limits of such sign and not forming an integral part of the display.
SOLAR ACCESS SPACE
That airspace above all lots within the district necessary to prevent any improvement, vegetation or tree located on said lots from casting a shadow upon any solar device located within said zone greater than the shadow cast by a hypothetical vertical wall 10 feet high located along the property lines of said lots between the hours of 9:30 a.m. and 3:30 p.m., central standard time on December 21; provided, however, that this chapter shall not apply to any improvements or tree which casts a shadow upon a solar device or to vegetation existing at the time of installation of said solar device.
SOLAR COLLECTOR
A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.
SOLAR ENERGY SYSTEM
A. 
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and component to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). To qualify as a solar energy system, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar years after completion of construction.
B. 
Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions such as structural and recreational.
SOLAR SKY SPACE
The space between a solar energy collector and the sun, which must be free of obstructions that shade the collector to an extent which precludes it cost effective operation.
SOLAR SKY SPACE EASEMENT
A right, expressed as an easement, covenant, condition or other property interest, in any deed or other instrument executed by or on behalf of any landowner, which protects the solar sky space of an actual, proposed or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy. The solar sky space must be described as the three-dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.
SOLAR STRUCTURE
A structure designed to utilize solar energy as an alternate for or supplement to conventional mechanical heating systems.
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC
A building where horses are kept for remuneration, hire or sale, therefore, a principal building and/or use.
STORY
The portion of a building included between the surface of any floor and the surface of the next floor above, including below-ground portions of earth-sheltered buildings.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
A public right-of-way that affords primary means to abutting property, and shall also include avenue, highway, road or way.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH
The width of the right-of-way, measured at right angles to the center line of the street.
STREET, COLLECTOR
A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
STREET, LOCAL
A street intended to serve primarily as an access to abutting properties.
STREET, MAJOR OR THOROUGHFARE
A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as beams, columns, or girders, or any change in the roof or in any exterior walls.[5]
STRUCTURE
Anything constructed, built, erected or moved in; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character, the uses of which require a more or less permanent location on the ground, or attached to something having a permanent location on the ground.
[6]
[Amended 9-9-2020]
SUBDIVISION
The division or redivision of a lot, tract or parcel of land, regardless of how it is to be used, into two or more lots; or the division or redivision of land involving dedication of a new park, walkway, street or other public right-of-way facility or the vacation, realignment or any other change in existing streets, alleys, easements, recreation areas, water or other public improvements or facilities; provided, however, that 1) the division of land solely for agricultural purposes into parcels of 40 acres or more shall not be deemed a subdivision if no public streets, easements or public facilities are involved; and 2) the division of a lot for the purpose of attachment to contiguous lots provided no residual plot is left unattended.
TWIN HOME
Single-family structure with two single family attached dwellings located on the individual lots in such a manner that the common party wall is located on the side lot line, thereby creating a zero lot line setback for each structure.
USE
The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilizing or maintained.
USE, ACCESSORY
A use secondary to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, CONDITIONAL
See "conditional use."
USE, NONCONFORMING
Use of land, buildings, or structures legally existing at the time of adoption of this chapter that does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.
USE, PERMITTED
A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
USE, PRINCIPAL
The main use of land or buildings as distinguished from subordinate or accessory use. A principal use may be either permitted or conditional.
VARIANCE
A modification or variation of the provisions of this chapter it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause undue hardship.
YARD
A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. For earth-sheltered buildings and buildings covered with earth berms, the line of the building regardless of whether it is above or below grade.
YARD, FRONT
A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to a depth required by setback regulations for the zoning district in which such lot is located.
YARD, REAR
The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, SIDE
The yard extending along the side lot line between the front yard and the rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located.
ZONING ADMINISTRATOR
The duly appointed person charged with enforcement of this chapter.
ZONING DISTRICT
An area or areas within the limits of the City for which the regulations and requirements governing use are uniform as defined by this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: The definition of “subdivision,” which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The definition of this term from § 220-21 was moved into this § 220-9.