HomeMy Public PortalAbout1 - 1980 Zoning OrdinanceOTICE
THE CITY OF MEDINA
ZONING ORDINANCE
AN ORDINANCE REGULATING THE
USE OF LAND IN MEDINA BY DIS-
TRICTS INCLUDING THE REGULA-
'lIONS OF THE LOCATION, SIZE, USE
AND HEIGHT OF BUILDINGS, THE
3RANGEMENT OF BUILDINGS ON
ITS AND THE DENSITY OF POPULA-
e0N FOR THE PURPOSE OF
PROMOTING THE PUBLIC HEALTH,
SAFETY, ORDER, CONVENIENCE,
AND GENERAL WELFARE OF THE
CITIZENS OF MEDINA.
THE MEDINA CITY COUNCIL DOES
ORDAIN AS FOLLOWS:
SECTION' TITLE
301 This Ordinance shall be known,
cited and referred to as the Medina Zoning
Ordinance.
SECTION 2 INTENT AND PURPOSE
201 Ibis Ordinance is adopted for the
Purpose of:
(11 Protecting the public health, safety,
morals, comfort, convenience and general
welfare.
(2) Promoting orderly development of
the residential, commercial, industrial,
recreational and public areas.
(3) Conserving the natural and scenic
beauty and attractiveness of the city.
(4)Conserving and developing natural
resources.
(5) Providing for the compatibility of
different land uses and the most ap-
propriate use of land throughout the city.
SECTION 3 RULES AND DEFINI•
(IONS
XI Rules
The language set forth in the text of thin
Ordinance shall be interpreted in accor-
dance with the following rules of construc-
tion:
(1) The singular number ncludea the
plural and the plural the singular.
(2) The present tense includes the past
hid future tenses, and the future the pre -
Sent.
j (3) The word "shall" In mandatory, and
floe word "may" is permissive.
(4) The masculine gender includes the
errdnine and neuter genders.
(5) Whenever a word or term defined
rereinafter appears in the text of this Or-
tinence, Its meaning shall be construed an
let forth in such definition.
(6) All measured distances expressed in
.et shall be to the nearest tenth of a foot. '
the event of conflicting provisions, the
more restrictive provision nail apply.
; 302 Definition.
The following word3 and terms,
whenever they occur In this Ordinance,
are defined as follows:
(11 Accessory Use of Structure - A use of
'.ruo ure or portion of a structure subor-
jtto ecd servbig the principal use
melee on the mime lot and customarily
„ L ddental thereto.
(2) Adnlinistrator - The duly appointed
krson charged with enforcement of, this
hence.
(3) Agricultural Use - The use of land
for the growing and/or production of field
hope, livestock, and livestock products
for the production of income including but
pot limited to the following: s
Field crops, Including: barley, soy
{ears, corn, hay, oats, potatoes, rye,
Qorghum, and sunflowers.
b. Livestock, including: dairy and beef
tattle, goats, horses, sheep, hogs, poultry,
Iame birds and other domestic animals in..
tufts ponies, deer, rabbits, and mink,
■cept dogs
c. Livestock products, including: milk,
butter, cheese, eggs, mat, fur and honey.
e d. Horticulture - The use of land for the
growing or production of fruits,
begetables, flowers, cultured sod and sur-
gery stock, including ornamental plants
trees, for the production of income.
e. Aquaculture • The raising and produc-
oo of fish and other water related
redlzcts.
! Drainage Systems, Tiling and Irriga-
400.
t (4) Airport or Heliport - My land or
Structure which is used or intended for
tjse, for the landing and takeoff of air-
craft, and any appurtenant land or sin i,
tare used or intended for use for port
buildings or other port structure or rights -
of -way.
(5) Apartment - A room or suite of
rooms with cooking facilities available
which is occupied as a residence by a
single-family, or group of individuals liv-
ing together as a single family unit. This
Includes any unit in buildings with more
than two dwelling units.
(6) Auto or Moor Vehicle Reduction
Yard - A lot or yard where one or more un-
licensed moor vehicle(s), or the remaina
thereof, are kept for the purpose of din•
mantling, wrecking, crushing, repairing,
rebuilding, sale of parts, ale as scrap,
storage, or abandonment. (See also Junk
Yard).
(7) Basement - A portion of a building
located pally underground but having
half or more of its floor -to -ceiling height
below the average grade of the adjoining
ground.
(8)Bluffline - A line along the top of a
slope connecting the points at which the
•topa becomes less than 12%. This applies
those slopes within the land use dis-
ct(s) which arebeyond the setback
:ovisions from the ordinary highwater
mark.
(9) Boarding house (Rooming or Lodg-
ing House) - A building other than a motel
or hotel where, for compensation and by
prearrangement for definite periods,
mala or lodgings are provided for three
or more persona, but not to exceed
twenty persons.
(10) Boathouse - A one (I/ story struc-
ture not to exceed 15 feel in height for the
purpose of storage of boats and ac-
msories, the top of which may be used as
an enclosed deck with safety railing.
(11) Building - Any structure having a
roof which may provide shelter or en.
closure of persons, animals, chattel, or
property of any kind and when said struc-
tures are divided by party walls without
openings, each portion of such building so
separated shall he deemed a separate
building.
(12) Building Line - A line 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.
(13) Building Line, Shoreland • A line
measured across the width of the lot
where the main structure is placed in ac-
cordon. with setback provisions from the
ordinary highwater mark.
(14) Building Height - The vertical dis-
tance to be measured from the grade of a
building line to the top, to the cornice of a
flat roof, to the deck line of a mansard
roof, to a point on the roof directly above
the highest wall of a shed roof, to the up-
permost point on a round or other arch
type roof, to the mean distance of the
highest gable on a pitched or hip roof.
(15) Building Setback • The minimum
horizontal distance between the building
and a lot line.
(16) Business - My occupation, employ-
ment or enterprise wherein merchandise
is exhibited or sold, or where services are
offered for compensation.
(171 Carport - M automobile shelter
having one or more sides open.
(18) 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 main-
tained and controlled by a religious body
organised to sustain public worship.
- (19) Club and Lodge - A public or private
Wilding in which the members of one or
more public or private organizations
regularly assemble.
(20) Comprehensive Plan or Policies - A
compilation of goals, policy, statement+,
standards, programs and snaps for guiding
the physical, social and economic develop-
ment, both public and private, of the
county and its environs, as defined in the
Minnesota City Planning Act, and Includes
any unit or part of such plan separately
adopted and any amendment to such plan
or parts thereof.
(21) Commissioner • Commissioner of
the Department of Natural Resources.
(22) Community Residential Facility - A
state licensed group home or foster home
••ntig mentally retarded or physically
handicapped persons,
(23) The conditional use is a permitted
use within the zone, and maintains itself
as a permitted use as long as the condi-
lions set down by the City Council are not
violated. The Council has the authority to
set conditions on the granting of a con-
dltional use permit because, although the
use is permitted in the zone, it may be
detrimental to the adjoining properties in
certain Instances, unless various condi-
tions are attached. A conditional use per-
mit runs with the land and can be main -
tanned by subsequeot owners as long as the
conditions are not violated. There may be
.Instances where a conditional use permit
is reviewed annually by a City Council, but
this procedure Is effective only to deter-
mine whether the conditions are being
violated. The permit cannot be revoked,
on an annual review, if all conditions are
being complied with.
(24) County Board - Hennepin County
Board of Commissioners.
(25) Curb Level - Me grade elevation es-
tablished by the goverrdng body of the
curb In front of the center of the building.
Where no curb level haa been established,
the engineering staff shall determine a
curb level or Its equivalent for the purpose
of this Ordinance.
(26) Drivoln - Any use where products
and/or services are provided to the
customer under conditions where the
customer don not have to lave the car or
where fast service to the automobile occu-
pants is a service offered regardless of
whether service is also provided within a
Wilding:
(27) Dwelling Unit - A raidentlal
building or portion thereof intended for oc-
cupancy by a single family but not in-
cluding hotels, motels, boarding or room-
ing houses or tourist homes.
(26) Dwelling Attached - A dwelling
which s joined to another dwelling at one
or more sides by a party wall or walls.
(9) Dwelling Detached - A dwelling
which is enUrely surrounded by open
space on the same jot.
(30) Easement - A grant by a property
owner for the use of a strip of land by the
public or any person for any specific pit,
pose or purposes.
(31) Essatial Services - Overhead or
underground electric, gas, communica-
tion, steam or water transmission or dis-
tribution systems and structures, by
public utilities or governmental depart-
ments or commissions or as are required
for protection of the public health, safety,
or general welfare, including towers,
poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police
all boxes, and accessories In connection
therewith, but not including buildings.
(32) Exterior Storage (Includes 0-pen
Storage) - The storage of goods,
materials, equipment, manufactured
products and similar items not fully ern
closed by a building.
(33) Excavation - Any artificial land
alteration of earth exceeding 300 cubic
feet, excavated or made by the removal
from the natural surface of the earth, or
sad, soil, sand, gravel, stone or other
natural matter, or made by turning, or
breaking or undermining the surface of
the earth.
(34) Family - An individual, or two or
more persons related by blood, marriage
or adoption, living together as a single
housekeeping unit in a dwelling unit.
(35) Farm - A tract of land 10 acres or
more in sin which is principally used for
agricultural activities such as the produc-
tion of cash crops, livestock or poultry far-
ming. Such farm may include agricultural
dwellings & accessory buildings and struc-
tures necessary to the operation of the
farm.
(36) Feedlots, livestock - Ile place of
mnriam teen., or livwtmk nr other
animals for food, fur, pleasure or resale
purposes in yards, lots, pens, buildings, or
other areas not normally used for pasture
or crops and in which substantial amounts
of manure or related other wastes may
originate by reason of such feeding of
animals.
(37) Fence - A fence is defined for the
purpose of this Ordinance as any partition,
structure, wall or gate erected as a
dividing marker, barrier or enclosure and
'coated along the boundary, or within the
required yard.
(38) Flood - A temporary rise in stream
flow or stage that results in inundation of
the areas adjacent to the channel.
139) Flood Frequency -The average fre.
quency, statistically determined, for
which it is expected that a specific Rood
stage or discharge may be equaled or ex-
ceeded.
(40) Flood Fringe - That portion of the
floodpiain outside of the floodway and
which has been or hereafter may be
covered by the regional flood.
(41) Flood Roofing - A combination of
structural provisions, changes or adjust-
ments to properties and structures subject
to flooding, primarily for the reduction or
elimination of flood damages.
(42) Floodplain - The areas adjoining a
watercourse which have been or hereafter
may be covered by the regional Dodd.
(43) Floodway - The channel of the
watercourse and those portions of the ad-
joining floodplains which are reasonably
required to carry and discharge the
regional flood.
(44) Floor Plan - General- A graphic
representation of the anticipated utiliza-
tion of the floor area within a building or
structure but not necessarily as detailed
as constmctionplans.
(45) Forestry - The use and manage-
ment including logging, of a forest,
woodland or plantation and related
research and educational activities, in-
cluding the construction, alteration or
maintenance of woodroads, skidways,
landings, and fences.
(se) Frontage - That boundary of a lot
which abuts an existing or dedicated
public street.
(47) Garage, Private - An accessory
building or accessory portion of the prin-
cipal building which is intended for and
used to store the private passenger vehi-
cles of the family or families resident
upon the premises.
(48) Governing Body - Medina City
Council.
(49) Highway - Any public thoroughfare
or vehicular rpghlof-way with a Federal
or State numerical route designation; any
public thoroughfare or vehicular rightof•
way with a Hennepin County numerical
route designation,
(50) Home Occupation - Any gainful oc-
cupation or profession engaged in by the
occupant of a dwelling at or from the
dwelling when carried on within a dwell-
ing unit providing that no signs other than
those normally utilized In a residential
district are present, no stock in trade is
stored on the premises, over-the-counter
retail sales are not involved, and entrance
to the home occupation In gained [roily
within the structure. Such uses include
professional offices, minor repair ser-
vices, photo or art studios, dressmaking.
barber shoos. beauty shops.
(51) Hotel • A building which provides a
common entrance, lobby, halls and
stairway and in which twenty or more ',n-
ote are, for compensation, lodged with or
without meals.
(52) Junk Yard - An open area where
waste, used, or secondhand materials are
bought, sold, exchanged, stored, baled,
packed, disassembled or handled, in-
cluding but not limited to, scrap iron and
other metals, paper, rags, rubber, tires,
and bottles. A junk yard includes an auto
wrecking yard but does not include uses
established entirely within enclosed
buildings. Tbie definition does not Include
sanitary landfills.
(53) Kennel - Any structure or premises
on which four (4) or more dogs over four
(4) months of age are kept requiring a
license.
(54) landscaping • Planting such as
trees, grass, and shrubs.
(55) Lodging Room - A room rented as
sleeping and living quarters, but without
cooking facilitin. In a suite of rooms,
without cooking facilities, each room
which provides sleeping accomodations
shall be counted as one lodging room.
(56) 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 or record of survey map,
for the purpose of sale or lease or separate
use thereof.
(57) Lot of Record - Any lot which is one
unit heretofore duly approved and filed
that has been recorded in the office of the
County Recorder for Hennepin County,
Minnesota, prior to the effective date of
this Ordinance.
(58) Lot Area - The area of a lot in a
horizontal plane bounded by lot lines, but
not including any area occupied by a flood -
plain as designated on the adopted
HUD/DNR Floodplain Map or area oc-
cupied by a wetland as designated on the
Hennepin County Soil and Water Conser-
vation District Map.
(59) 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 one hundred thirty-five degrees.
(60) Lot Depth - The mean horizontal
distance between the front lot line and the
rear lot line of a lot.
(61) Lot Line - The property line
bounding a lot except that where any por-
tion of a jot extends into the public right-
of-way. The public rightobway shall be
the lot line for applying this Ordinance.
(62) Lot Line Front • That boundary of a
lot which abuts an existing or dedicated
public street. For puposes of addressing a
corner lot it shall be the shortest dimen-
sion on a public street. If the dimensions
of a comer lot are equal, the front line
shall be designated by the owner and filed
with the City Council.
(63) Lot Line Rear - That boundary of a
lot which is opposite the front lot line. If
the rear nine .. ,aee
or if the lot forms a point at the rear, the
rear lot line shall be a line ten feet In
length within the lot, parallel to, and at the
maximum distance from the front lot line.
(64) Lot Line Side - Any boundary of a
lot which is not a front lot line or a rear lot
line.
(65) Lot Substandard - A lot or parcel of
land for which a deed has been recorded in
the office of the Hennepin County Recor-
der upon or prior to the effective date of
this Ordinance which does not meet the
minimum lot area, structure setbacks or
other dimensional standards of this Or-
dinance.
(66) Lot, Through - A lot which has a
pair of opposite lot lines abutting two sub-
stantially parallel streets, and which is
not a corner lot. On a through. lot, both
street lines shall be front lines for apply-
ing this Ordinance.
(67) Lot Width - The maximum horizon-
tal distance between the side lot lines of a
lot measured within the first thirty feet of
-the lot depth.
(68) Metes and Bounds - A method of
property description by means of their
direction and distance from an easily iden-
tifiable point.
(69) Mining - The extraction of sand,
gravel, rock, soil, black dirt or other
material from the land in the amount of
one thousand cubic yards or more and the
removing thereof from the site without
processing shall be mining. The only ex-
clusion from this definition shall be
removal of materials associated with con-
struction of a building, provided such
removal is an approved Item In the
building permit.
(70) Mobile Home - Mobile homes are
living quarters designed for transporta-
tion after fabrication on streets and
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
permanent foundations, connection to
utilities and the like. A mobile home will
be defined by reference to the latest
publication of the United States of
America Standards Institute Standard for
Mobile Homes.
(71) Mobile Home Park - Any site, lot,
field, or tract of land under single
ownership, designed, maintained or inten-
ded for the placement of two (2) or more
occupied mobile homes. "Mobile home
park" shall include any buildings, struc-
ture, vehicle, or enclosure intended for
use as part of the equipment of such
mobile home park.
(n) Modular Home - Home -A dwelling
unit bearing the seal of the State Building
Inspector classifying it as a Modular
Home
(73) Motel (Tourist Court) - A building
or group of detached, semidetached, or
attached buildings'eontalning guest rooms
or dwellings, with garage or parking space
conveniently located M each unit, and
which Is designed, used or intended to be
used primarily for the accommodation of
" automobile transiente.
(74) Multiple Residence (Apartment
Building) - Three or more dwelling units
in one structure.
(75) 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.
(76) Nursing Home - A building with
facilities for the care of children, the
aged, Infirm, or place of rest for those suf-
fering bodily disorder. Ssid nursing home
shall be licensed by the State Board of
Health as provided for In Minnesota
Statute, Section 144.50.
(77) Official Map - The map established
by the governing body, in accordance with
the City Planning Act, (MSA 462.354),
showing streets, highways, parks and
drainage, both existing and proposed.
(78) Off -Street Loading Space - A space
accessible from street, alley, or
driveway for the use of trucks or other
vehicles while loading or unloading
merchandise or materials. Such space
shall be of a size as to accommodate one
vehicle of the type typically used in the
particular business.
(79) Open Sales Lot (Exterior Storage) -
Any land used or occupied for the purpose
of buying and selling any goods, materials,
or merchandise and for the storing of
same under the open sky prior to sale.
(80) Ordinary Highwater 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 ordinary high water mark
is commonly that point where the natural
vegetation changes from predominantly
aquatic to predominantly terrestrial. In
areas where the ordinary high water mark
is not evident, setbacks shall be measured
from the stream bank of the following
water bodies that have permanent flow or
open water: the main channel, adjoining
side channels, backwaters and sloughs.
(811 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.
(82) Pedestrian Way - A public or
private rightof-way across or within a
block, to be used by pedestrians.
1831 Planning Commission - The Plann-
ing Commission of Medina except where
otherwise designated.
(841 Principal Structure or Use - One
which determines the predominant use as
contrasted to accessory use or structure.
(85) Property Line - The legal boun-
daries of a parcel of properly which may
also coincide with a rightonway line of a
road, cartway, and the like.
(86) Protective Covenant - A contract
entered into between private parties
which constitute a restriction of the use of
a particular parcel of property.
(57) Public land - Land owned o
operated by municipal, school district,
county, stab or other governmental units.
(88) Recreation, Public - includes all
uses such as tennis courts, ball fields, pic-
nic areas, and the like that are commonly
playgrounds, community centers, and
other sites owned and operated by a unit of
government for the purpose of providing
recreation.
ON) Recreation, Commercial - Includes
all uses such as bowling alleys, golf
courses, driving ranges, and movie
theaters that are privately owned and
operated with the intention of earning a
profit by providing entertainment for the
public.
1901 Recreation Equipment - Play ap-
paratus such as swing sets and slides,
sandboxes, poles for nets, unoccupied
boats and trailers not exceeding twenty
feet in length, picnic tables, lawn chairs,
barbecue stands, and similar equipment
or structures but not including tree
houses, swimming pools, play houses ex•
reeding twenty-five square feet of floor
area, or sheds utilitized for storage of e-
quipment.
(91) Reclamation Land - The improve-
ment of land by deposition of material to
elevate the grade.My parcel upon which
400 cubic yards or more of fill are
deposited shall be considered as
reclaimed land.
(92) Registered land survey - A survey
map of registered land designed to sim-
plify a complicated metes and bounds
description, designating the same into a
tract or tracts of a Registered Land Sur•
vey Number. See Minnesota Statutes
508.47.
(93) Regional Flood - A flood which is
representative of large floods known to
have occurred generally in Minnesota and
reasonably characteristic of what can be
expected to occur on an average fre-
quency In the magnitude of the 100 year
recurrence interval.
(94) Regulatory Flood Protection
Elevation - A point not less than one foot
above the water surface profile associated
with the regional flood plus any Increases
in flood heights attributable to encroach-
ments on the noodplain. It is the elevation
to which uses regulated by this Ordinance
are required to be elevated or Rood
proofed.
(95) Riding Stable - Commercial -
Where hones are boarded for a fee and
which has facilities for providing riding in-
structions, training, and sale of horses.
(96) Riding Stable -Private - Stables,
barns and facilities for the keeping and
riding of horses, bath indoor and outdoor,
as an Accessory Use to a Single Family
Dwelling, and for no commercial use:
(97) Riding Stable -Public - Where
horses are boarded but which provide
horses for rent, for recreational use and
operate as a livery stable.
(98) Road - A public right-of-way al•
fording primary access by pedestrians and
vehicles to abutting properties, whether
designated as a street, highway,
thoroughfare, parkway, throughway,
road, avenue, boulevard, land, place or
however otherwise designated. Ingress
and egress easements shall not be con-
sidered roads.
(99) Selective Cutting - The removal of
single scattered trees.
(100) Shoreland • Means land located
within the following distances from public
waters. (1) 1,000 feet from the normal
highwater mark of a lake, pond or
flowage; and (2) 320 feel from a river or
stream, or the landward extent of a flood -
plain designated by ordinance on such a
river or stream, whichever is greater. The
practical limits of shorelaMs may be less
than the statutory limits whenever the
waters involved are bounded by natural
topographic divides which extend
landward from the water for leaser dis-
tances and when approved by the Com-
missioner.
(101) Shoreland Setback - The minimum
horizontal distance between a structure
and the normal high water mark.
(102) Street • A public right-of-way
which affords primary means of access to
abutting property, and shall also include
avenue, highway, rend, or way.
(103) Street, Collector - A street which
serves or is designed to serve as a traffic -
way for a neighborhood or as a feeder to a
major road.
(104) 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 bet-
ween and/or other heavy
traffic generating areas.
(106) Street, Local - A street intended to
serve primarily as an access to abutting
properties.
(106) Street Pavement - The wearing or
exposed surface of the roadway used by
vehicular traffic.
(107) Street Width - The width of the
right-of-way, measured at right angles to
the centerline of the street.
(108) Story - That potion of a building
included between the surface of any floor
and the surface of the floor next above. A
basement shall be counted as a story.
(109) Structure - Anything constructed,
the use of which requires more or less per-
manent location on the ground; or at-
tached to something having a perranent
location on the ground.
(1101 Structural Alteration - Any
change, other than incidental repairs,
which would prolong the life of the sup-
porting members of a structure, such as
bearing walls, columns, beams, girders or
foundations.
(1111 Subdivision - A subdivision is the
dividing of a parcel of land into two or
more parcels.
a. Platted Subdivision - if any resultant
parcel is less than five (5) acres in area
and less than three hundred (300) feet in
width and the subdividing was done for the
purpose of transfer of ownership to effec-
tuate building development or if a new
street or road is involved, regardless of
the size of the parcel and/or its width, sub-
sequent parcels must be platted in accor-
dance with the terms and procedure of the
City of Medina's Subdivision Regulations.
b. Unplatted subdivision - a division of
any,parcel of land into two or more parts
wherein all parts are at least five (5)
acres and at least three hundred (3M) feet
in width and where no new road is in-
volved. These do not require platting.
(112) Travel Trailer - A vehicle without
moor power used or adaptable for living,
having no foundation other than wheels,
blocks, skids, Jacks, horses, or skirting,
which does not meet building code re-
quirements and has been or reasonably
may be equipped with wheels or other
devices for transporting the structure
from place to place. The term "Trailer"
shall Include camp car, camp bus, camper
and house car. A permanent foundation
shall not change its character unless the
entire structure is erected in accordance
with the Minnesota Building Code.
(113) Townhouse - A single family
building attached by party walls with
other single family buildings, and oriented
so that all exits open to the outside.
(114) 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 main-
tained.
(115) Use, Accessory - A use mhor-
dinale to and serving the principal use or
structure on the same lot and customarily
Incidental thereto.
(116) Use, Non -Conforming - Use of
land, buildings or structures legally ex-
isting at the time o/ adoption of this Or-
dinance which does not comply with all
the regulations of this Ordinance or any
amendments hereto governing the zoning
district in which such use b located.
(117) Use, Permitted - A public or
private use which of itself conforms with
the purposes, objectives, requirements,
regulations and performance standards of
a particular district.
(118) Use, Principal - The main use of
land or buildings as distinguished from
subordinate or accessory uses. A "Prin-
cipal Use" may be either permitted or
conditional.
(119) Use, Conditional - See Conditional
Use.
(120) Variance • A modification or
variation 01 the provisions of this Or-
dinance where it is determbled that by
reason of special and unmoral cir-
cumstances relating to a specific lot, that
strict application of the Ordinance would
cause an undue or unnecessary hardship,
or that strict conformity with the provi-
sions of this Ordinance would be im-
reasonable, impractical or unfeasible un-
der the circumstance..
(121) Wetland • Land which is annually
subject to periodic or continual Inundation
by water and commonly referred to a a
bog, swamp, or marsh.
OM) Yard - A required open apace oo a
tot which is unoccupied and unobstructed
by a structure from Its lowest level to the
sky except as permitted in this Ordinance.
The yard extends along the lot lineal right
angles to such lot line to a depth or width
specified In the setback regulations for the
zoning district in which such lot la located.
(123) Yard, Rear - The portion of the
yard on the name tot with the principal
building located between the rear line of
the building and the rear lot line and ex-
tending for the lull width of the lot.
(124) Yard, Side - The yard extending
along the aide lot line between the (root
and rear yards to a depth or width re-
quired by setback regulations for the eon.
Mg district in which such lot is located.
(125) Yard, Front • A yard extending
along the full width of the front lot Ilse
between side lot lines and extending from
the abutting street rightof-way line to
depth required in the setback regulations
for the zoning district in which such lot Is
located.
(126) Zoning Amendment - A change
authorized by the City either in the
allowed use within a district or In the
boundaries of a district.
(127) Zoning District - An area or areas
within the limits of the City for which the
regulations and requirements governing.
use are uniform.
SECTION 4. GENERAL PROVISIONS
401 Appilcatlon of This Ordla nee
(1) In their Interpretation and applica-
tion, the provisions of this Ordinance shall
be held to be the minimum requirements
for the promotion of the public health,
safety, morale and we are.
(2) Where the conditions Imposed by any
provisions of this Ordinance are either
more mMctive or lea restrictive than
comparable conditions imposed by any
other law, ordinance, statute, resolution,
or regulation of any kind, the regulations
which are more restrictive or which im-
pose higher standards or requirements
shall prevail.
(3) Except as In this Ordtoance
apeciflcalb provided, no structure shall
be erected, converted, enlarged,
reconstructed or altered, 1114 no structure
or land shall be used, for any purpose nor
in any manner which is not In conformity
with this Ordinance.
402SeparabBlty
It is hereby declared to be the Intention
that the several provisions of this Or-
dinance are separable in accordance with
the following:
(1) If any court of competent jurisdic-
tion shall adjudge any provisions of lhln
Ordinance to be Invalid, such judgment
elten not affect any other provisions of this
Ordinance not specifically included In said
jddgmenl.
(2) If any court of competent jurbdic•
lion shall adjudge invalid the application
or any provision of this Ordinance to a par-
ticular properly, building, or atruclure,
such judgment shall not affect other
property, buildings, or structures.
403 Existing Lots
A lot or parcel of land in an unuttered
residential district which was of record as
a separate lot or parcel in the Office of We
Hennepin County Recorder on or before
the date of adoption of this ordinance may
be used for single-family detached dwell-
ing purposes provided it is at least one
acre in size, and provided:
(1) it has frontage on a public rightof-
way or private roadway.
(2) it was under separate ownership
from abutting land upon or prior to the el-
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