ARTICLE II: DEFINITIONS

(Preliminary note: Throughout the text of this zoning ordinance, the term "governing body" means the city council by whatever name known.)

2.00 As used in this ordinance, the following words, terms, and phrases shall have the meaning given herein, unless otherwise specifically defined or unless the context clearly requires otherwise. Throughout the text of this ordinance, unless the context clearly requires otherwise, the word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The singular shall include the plural and vice versa; the masculine shall include the feminine and vice versa; the words "shall" or "will" are interpreted to be mandatory; the term "may" is interpreted to be permissive.

2.01 Accessory Use or Structure: A use or structure subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure.

2.02 Alley: A public or private way affording only secondary means of access to abutting property.

2.03 Area, Floor: Floor area shall constitute the total floor area occupied by a use and measured to include all space used primarily or incidentally for such use.

2.04 Area, Sales: Sales area shall only include that area customarily open and accessible to the public.

2.05 Basement: A story having part but not more than one-half (1/2) its height below grade. A basement is not counted as a story for the purpose of height regulations.

2.06 Block: A tract of land bordered on all sides by streets, or by one or more streets and railroad right-of-way, stream, or river or unsubdivided acreage.

2.07 Boarding House: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided for five (5) or more persons, but not exceeding twenty (20) persons.

2.08 Building: Any structure for the shelter, support or enclosure of persons, animals, chattels, or property of any kind, and when separated by dividing walls without openings, each portion of such building, so separated, shall be deemed a separate building.

2.09 Building Line: A line measured across the width of a lot at a point where a structure is placed in accordance with the minimum setback requirements of this ordinance.

2.10 Building, Height Of: The vertical distance from the grade at a building line to the highest point of the roof.

2.11 Church or Synagogue: The term includes the following: church, synagogue, rectory, parish house or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.
2.12 Clinic: A place used for the care, diagnosis and treatment of persons who are not provided with board, or room, nor kept overnight on the premises.

2.13 Removed

2.14 Community Facilities Plan: A compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi-public facilities of the municipality, such as recreational, educational and cultural facilities.

2.15 Comprehensive Municipal Plan: A compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality, and of its environment, and may include, but is not limited to the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for planned execution.

2.16 Conditional Use: A use that would not be appropriate generally or without restriction throughout the zone district, but which, if controlled as to number, area, location, or relation to neighborhood, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in listed zone districts upon application to the planning commission.

2.165 Deck: Considered a permanent part of the building for setback requirements.

2.17 Dwelling: Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home, boarding or rooming house, hotel or motel.

2.18 Dwelling Unit: One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes.

2.19 Dwelling Group: A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

2.20 Family: Any person or group of persons, whether or not related by blood or marriage, occupying a single dwelling unit.

2.21 Flood Plain: Lands which are subject to periodic flooding and have been defined by the U.S. HUD and by the April 11, 1975 Federal Flood Insurance Administration Revised Map 4/11/78 of the City of Barnum are included in this classification.

2.22 Floor Area: Living space of dwelling unit including finished basements measured from the exterior corners.

2.23 Garage, Private: An accessory building designed or used for the storage of motor-driven vehicles.

2.24 Garage, Public: A building or portion thereof, other than private garage, designed or used primarily for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.

2.25 Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the street side of the building.

2.26 Home Occupation: Home occupations or professional offices, provided that no such use occupies more than twenty-five (25) percent of the total floor area of the dwelling or accessory building. Provided further that not more than one non-resident is employed on the premises. Such use does not include an activity that would create a nuisance, as determined by the planning commission, or be otherwise incompatible with the surrounding residential area.

2.27 Hotel: A building in which lodging with or without meals is provided and offered to transient guests.

2.275 Interior Lot: Any property that does not have streets on two sides.

2.28 Junk or Salvage Yard: Any establishment, place or business or place of storage or deposit, which is maintained, operated, or used for storing, keeping, buying or selling junk, wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicles parts, whether maintained in connection with another business or not, where the waste, body or discarded or salvaged material stored is equal in bulk to five or more motor vehicles, and which are to be resold for used parts or old iron, metal, glass, or other discarded material.

2.29 Kennel: Any structure or premises or commercial activity on which three (3) or more dogs over six (6) months of age are owned, boarded, bred or offered for sale.

2.30 Loading Space, Off-Street: Space reserved for bulk pick-ups and deliveries, intended to be used by vehicles when required off-street parking spaces are otherwise unavailable. Required off-street loading space shall not be included as off-street parking space in the computation of required off-street parking spaces.

2.31 Lodging House: A building where lodging only is provided for compensation for five (5) or more, but not exceeding twenty (20) persons, in distinction to hotels open to transients.

2.32 Lot: Any parcel of land subject to the provisions of this ordinance, and capable of being described with such definiteness that its location and boundaries may be established.

2.33 Lot Frontage: The front of a lot shall be construed to be the portion of the lot nearest the street, road, or a body of water if the lot abuts water. When the lot abuts a body of water, the shoreline may be considered front yard.

2.34 Lot Lines: The lines bounding a lot.

2.35 Lot Width: Shall be the distance between the side lot lines, measured at the building line.

2.36 Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder.

2.365 Manufactured Home. “Manufactured home” means a structure, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (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 structures which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minnesota Statues Chapter 327.31 et seq.

2.37 Motel: A series of sleeping or living units, for the lodging of transient guests, offered to the public for compensation, and with convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

2.38 Mobile Home: A transportable single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing, and subject to tax or registration, as such, under provisions of Minnesota Statues, Chapter 168 or 273 and having no permanent foundation other than wheels, jacks or skirting.

2.39 Mobile Home Park: Any site, lot, field or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include mobile home(s) and auxiliary buildings.

2.40 Motor Vehicle: Every device which is or is capable of being self-propelled, and upon or by which any person or property is or may be transported upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

2.41 Normal High Water Mark: A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

2.42 Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle, together with a surfaced driveway connecting a parking space with a street or alley and permitting ingress and egress of a motor vehicle.

2.43 Public Water: A body of water capable of substantial beneficial public use. For the purpose of this ordinance, this shall be construed to mean any lake, pond or flowage of ten (10) acres or more in size, or any river or stream with a total drainage area of at least two (2) square miles or more, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland as defined herein, for a designated private use authorized by the Minnesota Commissioner of Natural Resources shall be exempt from the provisions of this ordinance as they apply to shoreland management.

2.44 Recreational Camping Area: Any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of five (5) or more units, consisting of tents, travel trailers, pick-up coaches, motor homes or camping trailers and whether use of such accommodation is granted free of charge or for compensation. Provided that nothing in this definition shall be construed to include children's camps, industrial camps, migrant labor camps, United States forest service camps, state forest service camps, or county park state wildlife management areas, or state owned public access areas which are restricted in use to picnicking and boat landing, or county park.

2.45 Recreational Camping Vehicle: The words "recreational camping vehicle" shall mean any of the following:

A. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer.

B. Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.

C. Motor home means a portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as a internal part of a self-propelled vehicle.

D. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation, and vacation use.

2.46 Roadside Stands: Retail outlets with all related structures primarily for sale of farm produce grown on the farm upon which such stand is located.

2.47 Setback: Distance from the lot line to the building line for the purpose of defining limits within which no building or structure, or any part thereof, shall be erected or permanently maintained. If property is located on a county road, county right-of-way line to building line prevails.

2.48 Shopping Center: A group or groups of three (3) or more commercial establishments developed in accordance to an overall plan and designed and built as an interrelated project.

2.49 Shoreland: All lands located within the following distances from public waters:

A. 1,000 feet from the normal high water mark of a lake, pond or flowage;

B. 300 feet from the normal high water mark of a river or stream or the landward extent of a flood plain designated by ordinance on such a river or stream.

2.50 Sign: A name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, institution, organization, idea or business.

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

2.52 Street Line: A dividing line between a lot, tract, or parcel of land and a continuous street.

2.53 Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including but not limited to walls, fences, sign-boards, and billboards.

2.54 Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

2.55 Trailer: Every vehicle without motor power designed or used for carrying persons or property and for being drawn by a motor vehicle.

2.56 Transportation Plan: A compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the municipality and its environs, such as streets and highways, mass transit, railroads, air transportation, trucking and water transportation and includes a traffic circulation plan.

2.57 Tourist Home: A building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, primarily for transients.

2.575 Variance: Variances may be granted by the city council upon recommendation by the planning commission when setbacks, number of buildings, etc., in present code causes undue hardship or unique characteristics not caused by the owner nor that would change the overall intent of the present zoning ordinance.

2.58 Yard, Front: The area of space from the lot line to the building line.

2.59 Yard, Rear: A yard extending across the rear of the lot between inner side yard lines. In the case of corner lots, the rear yard shall extend from the inner side yard line of the side yard adjacent to the interior lot to the rear line of the half-depth front yard as determined by the Zoning Officer.

2.60 Yard, Side: A yard extending from the rear line of the front yard to the front line of the rear yard.