The language set forth in the text of this chapter
shall be interpreted in accordance with the following rules of construction:
The following words and terms, wherever they
occur in this chapter, shall be interpreted as herein defined:
A subordinate building or use that is located upon the same
lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such
building or main use.
The use of land for agricultural purposes, including farming,
dairying, pasturage agriculture, horticulture, floriculture, viticulture
and animal and poultry husbandry and the necessary accessory uses
for packing, treating or storing the product; provided, however, that
the operation of any such accessory uses shall be secondary to that
of the normal agriculture activities. Agriculture shall not include
the commercial feeding of garbage or offal to swine or other animals.
[Amended 2-7-2002 by Ord. No. 440]
A public right-of-way less than 30 feet in width which affords
secondary access to abutting property.
A room or suite of rooms which is designed for, intended
for or occupied as a residence by a single family or an individual,
and is equipped with cooking facilities; includes dwelling unit and
efficiency unit.
All land surface areas which by nature of their surface and/or
subsurface characteristics are determined to contribute to the replenishment
of subsurface water supplies.
Any obstruction which is not a natural obstruction. (See
"obstruction.")
General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair; overall painting or paint job;
vehicle steam cleaning.
Minor repairs, incidental body and fender work, painting
and upholstering, replacement of parts and motor services to passenger
automobiles and trucks not exceeding 12,000 pounds gross weight, but
not including any operation specified under "automobile repair, major."
Any place where two or more vehicles not in running condition
and/or not licensed, or parts thereof, are stored in the open and
are not being restored to operation or any land, building or structure
used for wrecking or storing of such motor vehicles or parts thereof,
and including any commercial salvaging and scavenging of any other
goods, articles or merchandise.
A portion of a building located partially underground, but
having less than 1/2 its floor-to-ceiling height below the average
land grade.
That property abutting one side of a street and lying between
the two nearest intersecting or intercepting streets or railroad rights-of-way
or unsubdivided acreage.
A family dwelling where children out of their own homes are
cared for.
A building other than a hotel where, for compensation and
by prearrangement for definite periods, meals or lodging and meals
are provided to three or more persons, not of the principal family
therein, pursuant to previous arrangements and not to anyone who may
apply, but not including a building providing these services for more
than 10 persons.
The portion of a lot remaining after required yards and setbacks
have been provided.
Any structure used or intended for supporting or sheltering
any use or occupancy.
A distance to be measured from the mean ground level of the
building area to the top of a flat roof, to the mean distance of the
highest gable on a pitched or hip roof, to the deckline of a mansard
roof, to the uppermost point on all other roof types.
Any establishment, occupation, employment or enterprise where
merchandise is manufactured, exhibited or sold, or where services
are offered for compensation.
A canopy constructed of metal or other materials supported
by posts either ornamental or solid and completely open on three sides.
That portion of a building having more than 1/2 of the floor-to-ceiling
height below the average land grade of the buildable area.
A natural or artificial depression of perceptible extent,
with definite bed and banks to confine and conduct water either continuously
or periodically.
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which building,
together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship.
A nonprofit association of persons who are bona fide members
paying annual dues, use of premises being restricted to members and
their guests. It shall be permissible to serve food and meals on such
premises, provided that adequate dining room space and kitchen facilities
are available. Serving of alcoholic beverages to members and their
guests shall be allowed, provided that such serving is secondary and
incidental to the operation of the dining room for the purpose of
serving foods and meals; and provided, further, that such serving
of alcoholic beverages is in compliance with the applicable federal,
state and municipal laws.
Bowling alley, cart track, jump center, golf, pool hall,
vehicle racing for amusement, dance hall, skating, trampoline, tavern,
theater, firearms range, boat rental, amusement rides, campgrounds,
deer park and similar uses.
A use that, because of special control problems the use presents,
requires imposition of reasonable but special, unusual and extraordinary
limitations peculiar to the use for the protection of the public welfare
and the integrity of the municipal land use plan.
A permit issued by the Council in accordance with procedures
specified in this chapter, as a flexibility device to enable the Council
to assign dimensions to a proposed use or conditions surrounding it
after consideration of adjacent uses and their functions and the special
problems which the proposed use presents.
A multiple dwelling containing individually owned dwelling
units and jointly owned and shared areas and facilities, which dwelling
is subject to the provisions of the Minnesota Condominium Law, M.S.A.
§ 515.01 et seq., as may be amended.
An establishment which serves food in or on disposable or
edible containers in individual servings for consumption on and off
the premises.
A multiple family dwelling owned and maintained by the residents.
The entire structure and real property is under common ownership as
contrasted to a condominium dwelling where individual units are under
separate individual occupant ownership.
[Amended 2-7-2002 by Ord. No. 440]
Any unoccupied open space other than a yard which is bounded
on two sides by the walls of the buildings.
The ratio of total acreage to shore miles.
A program providing day care for no more than five children
at one time, including the family day-care provider's own children
under school age.
A service provided to the public, in which children of school
or preschool age are cared for during established business hours,
including Montessori School.
The care of children outside of their own homes for a part
of the twenty-four-hour day by persons unrelated to them by blood
or marriage. Day care includes family day care, group family day care
and care in group day-care centers.
A business that is conducted under a single owner's name
wherein a variety of unrelated merchandise and services are housed,
enclosed and are exhibited and sold directly to the customer for whom
the goods and services are furnished.
Any rock, soil, gravel, sand or other material deposited
naturally or by man into a water body, watercourse, floodplain or
wetland.
A section or sections of the city for which the regulations
and provisions governing the use of buildings and lands are uniform
for each class of use permitted thereon.
A channel that intercepts surface water runoff and that changes
the accustomed course of all or part of a stream.
Any place where three dogs or more over six months of age
are boarded, bred and/or offered for sale, except as a veterinary
clinic.
The removal of surface water or groundwater from land.
To enlarge or clean out a water body, watercourse or wetland.
An establishment that accommodates the patron's automobiles
from which the occupants may receive a service or in which the products
purchased from the establishment may be consumed.
A building, or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boardinghouses. Minimum requirements in establishing a dwelling, including nonattached housing, as opposed to a mobile home are set forth in § 190-16B(4).
[Amended 8-15-1983 by Ord. No. 384]
A detached residential dwelling unit designed for transportation
on streets or highways on its own wheels or on flatbed or other trailers,
and arriving at the site where it is to be occupied as a dwelling
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, location on jacks or other temporary or permanent
foundations, connections to utilities and the like. A travel trailer
is not to be considered a mobile home.
A building designed with three or more dwelling units exclusively
for occupancy by three or more families living independently of each
other but sharing hallways and main entrances and exits.
A dwelling unit designed exclusively for occupancy by one
family.
A dwelling designed exclusively for occupancy by two families
living independently of each other.
DOUBLE BUNGALOWA two-family dwelling with two units side by side.
DUPLEXA two-family dwelling with one unit above the other.
A residential building or portion thereof intended for occupancy
by a family but not including hotels, motels, nursing homes, seasonal
cabins, boarding or rooming houses, tourist homes or trailers.
A dwelling unit consisting of one principal room exclusive
of bathroom, hallway, closets or dining alcove.
A public-agency-owned or -controlled multiple dwelling building
with open occupancy limited to persons over 60 years of age.
A method of determining the location of encroachment lines
so that floodplain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows. This is determined
by considering the effect of encroachment on the hydraulic efficiency
of the floodplain along both sides of a stream for a significant reach.
The erection, construction, alteration or maintenance of
underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems by public utilities, municipal or other governmental agencies,
but not including buildings.
One or more persons each related to the other by blood, marriage,
adoption or foster care or a group of not more than three persons
not so related maintaining a common household and using common cooking
and kitchen facilities.
The act of depositing any rock, soil, gravel, sand or other
material so as to fill or partly fill a water body, watercourse or
wetland.
[1]The sum of the gross horizontal areas of the several floors
of the building or portion thereof devoted to a particular use, including
accessory storage areas located within selling or working space, such
as counters, racks or closets, and any basement floor area devoted
to retailing activities, to the production of processing of goods
or to business or professional offices. However, the floor area shall
not include basement floor area other than area devoted to retailing
activities, the production or processing of goods or to business or
professional offices. The floor area of a residence shall include
50% of the area of attached garages and 25% of enclosed breezeways
or porches, but shall not include basement area.
An accessory building or accessory portion of the principle
building which is intended for and used to store the private passenger
vehicles of the family or families resident upon the premises, and
in which no business service or industry is carried on.
A building or portion of a building, except any herein defined
as a private garage or as a repair garage, used for the storage of
motor vehicles, or where any such vehicles are kept for remuneration
or hire and in which any sale of gasoline, oil and accessories is
only incidental to the principal use.
The lowest point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the building
and the property line, or when the property line is more than five
feet from the building, between the building and a line five feet
from the building.
Changing the natural or existing topography of land.
A facility which provides resident services to seven or more
individuals of whom one or more are unrelated. These individuals are
handicapped, aged or disabled, are undergoing rehabilitation and are
provided services to meet their needs. The category includes but is
not limited to uses such as homes for the physically handicapped,
mentally retarded, chemically dependent, foster children, maternity
shelters and halfway houses.
A room occupied by one or more guests for compensation and
in which no provision is made for cooking, but not including rooms
in a dormitory for sleeping purposes primarily.
Any occupation or profession engaged in by the occupants
of the dwelling or accessory building when conducted within said dwelling
or accessory building or when conducted upon a parcel of land containing
the dwelling unit, provided that evidence of the occupation is not
visible from the street. The acts of gardening such a parcel shall
be included therein, but excepted from the requirement that it not
be visible from the street.
An artificial or natural surface through which water, air
or roots cannot penetrate.
A stream or portion of a stream that flows only in direct
response to precipitation.
Land or buildings where waste, discarded or salvaged materials
are bought, sold, exchanged, stored, cleaned, packed, disassembled
or handled, including but not limited to scrap metal, rags, paper,
hides, rubber products, glass products, lumber products, junk automobiles
and products resulting from the wrecking of automobiles or other vehicles.
The process of the reestablishment of acceptable topography
(i.e. slopes), vegetative cover, soil stability and conditions appropriate
to the subsequent use of the land.
That portion of a lot or plot designed to serve the purpose
of loading or unloading all types of vehicles.
A building, other than a hotel, where, for compensation,
lodging is provided for three or more persons not of the principal
family, but not including a building providing this service for more
than 10 persons.
A room rented as sleeping and living quarters but without
cooking facilities and with or without an individual bathroom. In
a suite of rooms without cooking facilities, each room which provides
sleeping accommodations shall be counted as one lodging room.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under the
provisions of this chapter, having not less than the minimum area
required by this chapter for a building site in the district in which
such lot is situated and having its principal frontage on a street
or a proposed street approved by the Council.
The area of a horizontal plane within the lot lines.
The lot area required by this chapter to be provided for
each family in a dwelling.
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 single street, the interior angle of which is 135º
or less.
The shortest horizontal distance between the front lot line
and the rear lot line measured from a ninety-degree angle from the
street right-of-way within the lot boundaries.
An interior lot having frontage on two streets.
For purposes of complying with this chapter, that boundary
abutting a public right-of-way having the least width.
A lot other than a corner lot, including through lots.
A property boundary line of any lot held in single or separate
ownership, except that, where any portion of the lot extends into
the abutting street or alley, the lot line shall be deemed to be the
street or alley right-of-way.
A parcel of land, whether subdivided or otherwise legally
described, as of the effective date of this chapter, or approved by
the city as a lot subsequent to such date and which is occupied by
or intended for occupancy by one principal building or principal use,
together with any accessory buildings and such open spaces as required
by this chapter and having its principal frontage on a street or a
proposed street approved by the Council.
A lot fronting on two parallel streets.
The shortest horizontal distance between the side lot lines
measured at right angles to the lot depth.
A structure intended for providing medical and dental examinations
and services to the public. This service is provided without overnight
care available.
A mobile home for single-family use is constructed to utilize
a public water and sewer system, an external source of electric service
and an external source for heating and shall be equipped with a stool,
shower or tub and laundry facilities.
A city-approved mobile home park with rest rooms and washing
facilities as specified by the State of Minnesota.
A city-approved mobile home park where independent rest room
and washing facilities are not required.
A building or group of detached, semidetached or attached
buildings containing guestrooms or units, each of which has a separate
entrance directly from the outside of the building or corridor, 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 transient guests traveling by automobile.
A place for storage and retail activities related to automobile
services, such as gasoline, kerosene and lubricants, and including
minor accessories and services, except for major repairs and rebuilding
of engines.
Utility systems serving a group of buildings, a lot or an
area of the city, with the design and construction of such utility
systems as approved by the City Engineering Department and Public
Utilities Commission.
All land surface areas which, by nature of their contour
configuration, collect, store and channel surface water runoff.
Any rock, tree, gravel or analogous natural matter that is
an obstruction and has been located within a water body, watercourse
or wetland by a nonhuman cause.
Any structure or use which on the effective date of this
chapter does not, even though lawfully established, conform to the
applicable conditions of this chapter, if the structure or use was
to be erected under the guidance of this chapter.
A continuous mark of reference at an elevation where land
and water meet for some period of record. It is commonly that point
where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial.
A building having accommodations where care is provided for
two or more invalids, infirm, aged, convalescent or physically disabled
persons that are not of the immediate family, but not including hospitals,
clinics, sanitariums or similar institutions.
A space accessible from the street, alley or way, in a building
or on the lot, for the use of trucks while loading or unloading merchandise
or materials. Such space shall be of such size as to accommodate one
truck of the type typically used in the particular business.
Any open land used or occupied for the purpose of buying,
selling and/or renting merchandise and for the storing of same prior
to sale.
Medical examination or service available to the public in
a hospital. This service is provided without overnight care and shall
be considered a separate, independent, principal use when combined
or operated in conjunction with a hospital.
The earth, rock and other materials that lie above a natural
deposit of mineral.
An accessory structure designed and used for the storage
of motor vehicles at, below and/or above grade.
An area, enclosed in the main building, in an accessory building
or unenclosed, sufficient in size to store one automobile, which has
adequate access to a public street or alley and permitting satisfactory
ingress and egress of an automobile.
A use which may be lawfully established in a particular district
or districts, provided that it conforms with all requirements, regulations
and performance standards (if any) of such districts.
An individual, firm, partnership, association, corporation
or organization of any kind.
The main use of land or buildings as distinguished from subordinate
or accessory uses. A principal use may be either permitted or conditional.
Uses owned or operated by school districts, municipal, county,
state or other governmental units.
Those waters whose shores are generally characterized by
industrial, commercial or high-density (one dwelling unit/half acre)
residential development.
Those water whose shores are generally characterized by low
density, single-family residential development.
Those waters whose shores are generally characterized by
medium-density (one dwelling unit/acre) residential development with
or without limited service-oriented commercial development.
Any waters of the state which serve a beneficial public purpose, not including, however, a lake, pond or flowage of less than 10 acres in size or a river or stream having a total drainage area less than two square miles. Bodies of water created by private users, where there was no previous shoreland (for a designated private use authorized by the Commissioner of Natural Resources) shall not be considered public waters and are thus exempt from the provisions of Article XVIII of this chapter. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin 25, or its successor publication, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, official determination of size and physical limits shall be made by the Commission in cooperation with the City of Breckenridge.
[Amended 2-7-2002 by Ord. No. 440]
A single structure which contains four separately owned dwelling
units, all of which have individually separate entrances.
An area of land, water, or any building in which amusement,
recreation or athletic sports are provided for public or semipublic
use, whether temporary or permanent, except a theater, whether provision
is made for the accommodation of an assembly or not. A golf course,
arena, baseball park, stadium, circus or gymnasium is a recreation
field or building for the purpose of this chapter.
A self-propelled vehicle which is used primarily for recreational
purposes.
An establishment which serves food in or on nondisposable
dishes to be consumed primarily while seated at tables or booths within
the building.
The top of the coping or, when the building has a pitched
roof, as the intersection of the outside wall with the roof.
The minimum horizontal distance between a building and street
or lot line. Distances are to be measured from the most outwardly
extended portion of the structure at ground level.
An integrated grouping of commercial stores, under single
ownership or control.
The degree of deviation of a surface from the horizontal
usually expressed in percent or degrees.
That portion of a building included beneath the upper surface
of a floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
If the finished floor level directly above a basement or cellar or
unused under-floor space is more than six feet above grade as defined
herein for more than 50% of the total perimeter or is more than 12
feet above grade as defined herein at any point, such basement, cellar
or unused under-floor space shall be considered a story.
That portion of a building 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, and
basements where less than 1/2 of the floor-to-ceiling height is below
the average of the highest and lowest point of that portion of the
lot covered by the building.
A public thoroughfare 30 feet or more in right-of-way width.
The proximity of a parcel of land to one or more streets.
An interior lot has one street frontage, and a corner lot has two
frontages.
Any change in the supporting members of a building, such
as bearing walls, column, beams or girders.
Anything which is built, constructed or erected; an edifice
or building of any kind or any piece of work artificially built up
and/or composed of parts joined together in some definite manner whether
temporary or permanent in character.
Those waters whose shores are presently characterized by
industrial or commercial or high-density residential development.
Those waters whose shores are presently characterized by
low-density, single-family residential development.
Those waters characterized by medium-density residential
development with or without limited service-oriented commercial development.
Structures housing three or more dwelling units of not more
than two stories each and contiguous to each other only by sharing
of one common wall, such structures to be of the townhouse or row-house
type as contrasted to multiple dwelling apartment structures. No single
structure shall contain in excess of eight dwelling units, and each
dwelling unit shall have separate and individual front and rear entrances.
All lands at an elevation above the normal high-water mark.
A required ground area or terrace area on a lot which is
graded, developed and equipped and intended and maintained for either
active or passive recreation, or both, available and accessible to
and usable by all persons occupying a dwelling unit or rooming unit
on the lot and their guests. Such areas shall be grassed and landscaped
or covered only for recreational purpose. Roofs, driveways and parking
areas shall not constitute usable open space.
The purpose or activity for which the land or building thereon
is designated, arranged or intended, or for which it is occupied,
utilized or maintained, and shall include the performance of such
activity as defined by the performance standards of this chapter.
Secondhand or used automobile or other vehicle parts, provided
that they are stored entirely within enclosed buildings.
[Amended 2-7-2002 by Ord. No. 440]
The processing, storage and sale of secondhand or used automobile
or other vehicle parts, provided that storage is entirely within enclosed
buildings.
[Added 2-7-2002 by Ord. No. 440]
The waiving by the Board of Adjustments and Appeals action
of the literal provisions of this chapter in instances where their
strict enforcement would cause undue hardship because of physical
circumstances unique to the individual property under consideration.
The sum total of plant life in some area; or a plant community
with distinguishable characteristics.
A body of water (lake, pond) in a depression of land or expanded
part of a river, or an enclosed basin that holds water and is surrounded
by land.
A channel or depression through which water flows, such as
rivers, streams or creeks, and may flow year round or intermittently.
The area drained by the natural or artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing
drainage areas.
As defined by the Minnesota Wetlands Act, M.S.A. § 103G.005.
[Amended 2-7-2002 by Ord. No. 440]
All free living animals.
An open space on the lot which is occupied and unobstructed
from its lowest level to the sky. A yard extends along a lot line
at right angles to such lot line to a depth or width specified in
the yard regulations for the zoning district in which such lot is
located.
A yard extending across the front of the lot between the
side lot lines and lying between the front line of the lot and the
nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The mean horizontal distance between the rear line of the
building and the center line of an alley, where an alley exists; otherwise,
a rear lot line.
A yard between the side line of the lot and the nearest line
of the building and extending from the lot line of the lot to the
rear yard.
[1]
Editor's Note: The definitions of flood, flood frequency, flood fringe, floodplain, floodproofing, floodway, obstruction (floodplain), reach (flood), regional flood and regulatory flood elevation were deleted 2-7-2002 by Ord. No. 440. See definitions in § 190-62G for definitions pertaining to the Floodplain District.
