§ 152.02. DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING OR USE. A subordinate building or use which is located on 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 the building or main use.

ADDRESS SIGN. A sign communicating street address only, whether written or in numerical form.

ADVERTISING SIGNS. A billboard, poster panel board, painted bulletin board or other communicative device which is used to advertise products, goods and/or services which are not exclusively related to the premise on which the sign is located.

AGRICULTURE. Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale in season of products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feed lots and kennels.

ALLEY. A public right-of-way less than 30 feet in width which affords secondary access to abutting property.

APARTMENT.

(1) A room or suite of rooms that is designed for, intended for or occupied as a residence by a single family or an individual, and is equipped with cooking facilities.

(2) Includes dwelling unit and efficiency unit.

AREA IDENTIFICATION SIGN. A free standing sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of 3 or more structures, a shopping center consisting of 5 or more separate business concerns, an industrial area, an office complex consisting of 3 or more structures or any combination of the above, located on contiguous property.

AUTOMOBILE REPAIR; MAJOR. General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

AUTOMOBILE REPAIR; MINOR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 9,000 pounds gross weight, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.

BASEMENT. A portion of a building located partially underground, but having less than 1/2 of its floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided to 3 or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply.

BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING HEIGHT. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost level on all other roof types.

BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

BUSINESS SIGN. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premise where the sign is located.

CANOPY and MARQUEE SIGNS. Any message or identification which is affixed to projection or extension of a building or structure, erected in a manner so as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.

CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on 3 sides.

CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CLUB or LODGE. A club or lodge is a non-profit 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 the premises providing adequate dining roam space and kitchen facilities are available. Serving of alcoholic beverages to members and their quests shall be allowed, providing the serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that the serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

COMMERCIAL RECREATION. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, theater, fire arms range, amusement rides, campgrounds and similar uses.

CONDITIONAL USE. A use, which because of special problems of control the use presents, requires 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.

CONDITIONAL USE PERMIT. 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.

CONDOMINIUM. 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. §§ 515.01 to 515.19, as they may be amended from time to time.

CONSTRUCTION SIGN. A non-illuminated sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise, or the purpose of which the building is intended.

CONVENIENCE FOOD ESTABLISHMENT. An establishment that serves food in or on disposable containers in individual servings for consumption on or off the premises.

DAY CARE FACILITY.

(1) Any facility licensed by the Commissioner of Public Welfare, public or private which for gain or otherwise, regularly provides 1 or more individuals with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in an individual’s home or another location.

(2) DAY CARE FACILITIES include, but are not limited to:

(a) Family day care homes (5 children or less);

(b) Group family day care homes (6 to 10 children);

(c) Day care centers (11 or more children instructional); and

(d) Developmental achievement center (D.A.C. developmentally disabled children and adults).

DEPARTMENT STORE. A business which is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are housed, enclosed, exhibited and sold directly to the customer for whom the goods and services are furnished.

DISTRICT. 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 therein.

DOG KENNEL. Any place where 3 dogs or more over 6 months of age are boarded, bred and/or offered for sale, except a veterinary clinic.

DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

DWELLING. A building designed exclusively for residential occupancy, including 1-family, 2-family and multi-family dwellings, but not including hotels, motels and boarding houses.

DWELLING, MULTIPLE-FAMILY. A building designed with 3 or more families living independently of each other but sharing hallways and main entrances and exits.

DWELLING, SINGLE-FAMILY. A detached dwelling unit designed exclusively for occupancy by 1 family.

DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by 2 families living independently of each other.

DWELLING UNIT. A building or portion thereof, designed for residential occupancy, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.

EARTH-SHELTERED BUILDING.

(1) A building constructed so that 50% or more of the completed structure is covered with earth.

(2) An EARTH-SHELTERED BUILDING is a completed structure that does not serve just as a foundation or substructure for aboveground construction.

(3) A partially completed building shall not be considered an EARTH-SHELTERED STRUCTURE.

EFFICIENCY APARTMENT. A dwelling unit consisting of 1 principal room exclusive of bathroom, hallway, closets or dining alcove.

ESSENTIAL SERVICES. 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.

FAMILY. One or more persons each related to the other by blood, marriage, adoption or foster care, or a group of not more than 4 persons not so related maintaining a common household and using common cooking and kitchen facilities.

FLOOR AREA. 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 or 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 business or professional offices.

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 residing upon the premises, and in which no business service or industry is carried on; provided that not more than 1/2 of the space may be rented for the private vehicles of persons not residing on the premises.

GARAGE, PUBLIC. 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 like vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.

GOVERNMENTAL SIGN. A sign that is erected by a governmental unit for the purpose of identification and directing or guiding traffic.

GRADE. 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 5 feet from the building, between the building and a line 5 feet from the building.

GRADING. Changing the natural or existing topography of land.

GUEST ROOM. A room occupied by 1 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.

HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a residence and does not change the character thereof or have any exterior evidence of the secondary use.

HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing more than 10 guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by more than 10 individuals for compensation, whether the compensation be paid directly or indirectly.

IDENTIFICATION SIGNS. Signs in all districts that identify the business or owner, or manager or resident and set forth the address of the premises where the sign is located and which contain no other material.

INSTITUTIONAL SIGN. A sign or bulletin board which identifies the name and other characteristics of a public, semi-public or private institution on the site where the sign is located. Institutions shall include churches, nursing homes, schools and other non-profit and charitable organizations.

INTEGRAL SIGNS. Names of buildings, date of construction, commemorative tablets and the like, which are of a permanent type of construction and which are an integral part of the building of the structure.

JUNK YARD. An open area where waste, discarded or salvaged materials, refuse or junk are located, stored, bought, sold, exchanged, cleaned, baled, packed, disassembled or handled; including but not limited to scrap metal, rags, paper or rubber products resulting from the wrecking of automobiles or other vehicles. A JUNK YARD includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings or outside woodpiles.

LODGING HOUSE. A building other than a hotel, where for compensation for definite periods, lodging is provided for 3 or more persons not of the principal family, but not including a building providing this service for more than 10 persons.

LAND USE PLAN. A compilation of maps, texts and policy statements and goals for guiding the long-range development of land within the City of Slayton.

LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide yards and other open spaces as are herein required.

LOT, AREA. The area of a horizontal plane within the lot lines.

LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.

LOT, FRONTAGE. The front of a lot shall be, for purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width.

LOT, INTERIOR. A lot, other than a corner lot, including through lots.

LOT, LINE. 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.

LOT (OF RECORD). 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 the date and which having its principal frontage on a street and is recorded in the office of the Register of Deeds.

LOT, THROUGH. A lot fronting on 2 parallel streets.

LOT, WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot depth.

MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.

MOBILE HOME. Manufactured housing designed or used for human habilitation and designed for transportation after fabrication, on streets and highways on its own wheels or on flatbeds 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 permanent foundations. Connection to utilities, and the like. A MOBILE HOME shall be congruous to a 1-family dwelling.

MOBILE HOME PARK. A site, lot field or track of land upon which 2 or more occupied mobile homes are parked and connected to utilities, either free of charge or for revenue purposes, and shall include any building structures, tent, vehicle or enclosure used or intended for use as part of the equipment of a mobile home park. MOBILE HOME PARKS shall be licensed and regulated by the Minnesota Department of Health.

MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site. A MODULAR HOME shall be congruous to a 1-family dwelling.

MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached buildings containing guest rooms 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.

MOTOR FREIGHT TERMINAL. A building in which freight brought by motor truck is assembled and sorted for routine in intrastate and interstate shipment.

NAME PLATE. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

NON-CONFORMING STRUCTURE OF USE. Any structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions if the structure of use was to be erected under the guidance of this chapter.

NURSING HOME (REST HOME). A building having accommodations where care is provided for 2 or more invalids, infirmed, aged, physically disabled persons or convalescents that are not of the immediate family; but not including hospitals, clinics, sanitariums or similar institutions.

OFF-STREET LOADING SPACE. 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. This SPACE shall be of a size so as to accommodate 1 truck of the type typically used in the particular business.

OPEN SALES LOT. 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.

OUT-PATIENT CARE. 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.

PARKING SPACE. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store 1 automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

PERMITTED USE. A use, which may be lawfully established in a particular district or districts, provided it conforms to all requirements, regulations and performance standards (if any) of the districts.

PERSON. An individual, firm, partnership, association corporation or organization of any kind.

PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.

PROJECTING SIGN. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.

PUBLIC SIGN. Signs of a public, non-commercial nature, to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historic points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty.

PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.

RECREATION, FIELD or BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi-public 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 ground or gymnasium is a recreational field or building for the purpose of this chapter.

RESIDENTIAL FACILITY.

(1) Any facility licensed by the Commissioner of Public Welfare, public or private, which for gain or otherwise, regularly provides 1 or more individuals with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the individual’s own home.

(2) RESIDENTIAL FACILITIES include, but are not limited to state institutions under the control of the Commissioner, maternity shelters, group homes, residential programs or schools for handicapped children.

RESTAURANT. An establishment that serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.

RETAIL ESTABLISHMENT. A business involving the direct sale of merchandise in small quantities to consumers.

ROOF LINE. Is defined as the top of the coping; or, when the building has a pitched roof, as the intersection of the outside wall with the roof.

SERVICE ESTABLISHMENT. A business involving the performance of functions supportive of production or distribution.

SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, motor oil, lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including major automobile repairs and rebuilding.

SETBACK. The minimum horizontal distance between a structure and right-of-way or lot line. Distances are to be measured from the most outwardly extended portion of the structure at ground level.

SIGN. A name, identification, descriptions display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business.

SHOPPING CENTER. An integrated group of commercial stores, under single ownership or control.

SOLAR ENERGY SYSTEM. Any solar collector or other solar device or any structural design of a building whose primary purpose is to collect, convert and store solar energy for useful purposes including heating and cooling of buildings domestic water heating, electric power generation, and other energy-using processes.

STORY.

(1) That portion of a building included beneath the upper surf ace of a floor and upper surface of 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.

(2) If the finished floor level directly above a basement or cellar, or unused under floor space is more than 6 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, the basement, cellar or unused under floor space shall be considered as a STORY.

STREET. The entire width between property lines of a wav or place dedicated, acquired or intended for the purpose of public use for vehicular traffic or access other than an alley.

STREET FRONTAGE. The proximity of a parcel of land to 1 or more streets. An interior lot has 1 STREET FRONTAGE and a corner lot has 2 frontages.

STRUCTURE. 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.

TOWNHOUSES. Structures housing 3 or more dwelling units of not more than 2 stories each and contiguous to each other only by sharing of 1 common wall, the structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of 8 dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

USE. 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 the activity as defined by the performance standards of this chapter.

USEABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and useable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. These areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute USEABLE OPEN SPACE.

USED AUTO PARTS. The processing, storage and sale of second hand or used automobile or other vehicle parts provided the use is established entirely within enclosed buildings.

VARIANCE.

(1) The modification of the zoning regulations in instances where it is determined by the Board of Adjustment that by reason of exceptional circumstances, the strict enforcement of the zoning regulations would cause undue hardship because of physical circumstances unique to the individual property under consideration.

(2) Variances are limited to area, coverage, width and yard requirements and height regulations and shall not be used to change the use of a particular parcel of land.

WALL SIGN.

(1) A sign that is affixed to the exterior wall of a building.

(2) A WALL SIGN does not project more than 18 inches from the surface to which it is attached, nor extend beyond top of parapet wall.

WAREHOUSE. A building or structure for the storage of merchandise or commodities.

WATER BODY. 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.

WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-round or intermittently.

WATERSHED. The area drained by the natural and artifice drainage system, bounded peripherally by a ridge or stretch of high land dividing drainage areas.

WETLANDS.

(1) An area where water stands near, at or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:

(a) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities;

(b) Mineral soils with clay horizons or organic soils belonging to the Histosol order (peat and muck); and/or

(c) Soil that is water logged or covered with water at least 3 months of the year.

(2) Swamps, bogs, marshes, potholes, wet meadows and sloughs are WETLANDS, and properly, may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage but would require drainage to be made arable. The edge of a WETLAND is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

WHOLESALE ESTABLISHMENT. A business involving the sale of merchandise on the premises in quantity to retailers or other users mainly for resale.

WIND ENERGY SYSTEM. Any device such as a wind charger, windmill or wind turbine, which converts wind energy to a form of useable energy.

YARD.

(1) An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky.

(2) A YARD extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.

YARD, FRONT. 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 principal use or building.

YARD, REAR. 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.

YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

(Prior Code, § 18.102)