§ 68.214 — Definitions

Sec. 68.214. - Definitions.

Unless specifically defined below or in chapter 60, article II. 60.200 general definitions of this code, words or phrases used in this article shall be interpreted to give them the same meaning they have in common usage and to give this article its most reasonable application. For the purpose of this article, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. Access path. An area designated to provide ingress and egress to public waters. Agricultural use. A use having the meaning given under Minn. Stat., section 40A.02. Alternative design. Subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas. Biological and ecological functions. The functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. Bluff. A natural topographic feature meeting one (1) of the following definitions: (a) A slope that rises at least twenty-five (25) feet where the grade of the slope averages eighteen (18) percent or greater, measured over a horizontal distance of twenty-five (25) feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 68.214(a). (b) A natural escarpment or cliff with a slope that rises at least ten (10) feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of seventy-five (75) degrees or greater. See Figure 68.214(b). Figure 68.214(a). Bluff and Bluff Impact Zone [image omitted; see the official code] Figure 68.214(b). Natural Escarpment Bluff and Bluff Impact Zone [image omitted; see the official code] Bluff impact zone. A bluff and land located within 20 feet of the bluff. See Figures 68.214(a) and 68.214(b). Bluffline. A line delineating the top of the bluff. More than one (1) bluffline may be encountered proceeding landward from the river. See Figures 68.214(a) and 68.214(b). Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds eighteen (18) percent and the slope below the line is eighteen (18) percent or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 68.214(a) and 68.214(b). Bluff, Top of. A line along the top of a bluff, requiring field verification, such that the slope below the line exceeds eighteen (18) percent and the slope above the line is eighteen (18) percent or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 68.214(a) and 68.214(b). Buildable area. The area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas. Building. A structure with two (2) or more outside rigid walls and a fully secured roof and affixed to a permanent site. Certificate of compliance. A document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection. Commissioner. The commissioner of the Minnesota Department of Natural Resources (DNR). Conservation design. A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space. Conventional subdivision. A pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design. Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. Developer. Having the meaning given under Minn. Stat., § 116G.03. Development. Having the meaning given under Minn. Stat., § 116G.03. Discretionary action. An action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezonings. Dock. Having the meaning given under Minnesota Rules, chapter 6115. Electric power facilities. Equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minn. Stat., § 216E. Floodplain. Having the meaning given the meaning given under Minnesota Rules chapter 6120. Fully reconstructs. The reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed. Hard-surface trail. A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans. Historic property. An archaeological site, standing structure, site, district, or other property that is: (a) Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minn. Stat., § 471; (b) Determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or (c) An unplatted cemetery that falls under the provisions of Minn. Stat., § 307, in consultation with the Office of the State Archaeologist. Impervious surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces. Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. Land alteration. An activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances. Local government. Counties, cities, and townships. Lot. Having the meaning given under Minnesota Rules chapter 6120. Lot width. The shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level. See Figure 68.214(c). Figure 68.214(c). Lot Width [image omitted; see the official code] Marina. Having the meaning given under Minnesota Rules chapter 6115. Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter of the Saint Paul comprehensive plan. Mooring facility. Having the meaning given under Minnesota Rules chapter 6115.0170. Native plant community. A plant community identified by the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. Natural-surface trail. A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. Natural vegetation. Any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Nonconformity. Having the meaning given under Minn. Stat., § 394.22. Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, "facility" includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining. Off-premises advertising signs. Those signs that direct attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. Ordinary high water level (OHWL). Having the meaning given under Minn. Stat., § 103G.005. Overlay district. A zoning district applied over one (1) or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Parcel. Having the meaning given under Minn. Stat., § 116G.03. Patio. A constructed hard surface located at ground level with no railings and open to the sky. Picnic shelter. A roofed structure open on all sides, accessory to a recreational use. Planned unit development. A method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of development over multiple years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development. Plat. Having the meaning given under Minn. Stat., §§ 505 and 515B. Port. A water transportation complex established and operated under the jurisdiction of a port authority according to Minn. Stat., § 458. Primary conservation areas. Key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, cultural and historic properties, significant existing vegetative stands, tree canopies, and other resources identified in local government plans. Private facilities. Private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs. Professional engineer. An engineer licensed to practice in Minnesota. Public facilities. Public utilities, public transportation facilities, and public recreational facilities. Public recreation facilities. Recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation. Public river corridor views. Views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high-water level of the opposite shore, as seen during the summer months and documented in the MRCCA plan/chapter of the comprehensive plan. Public transportation facilities. All transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. Public utilities. Electric power facilities, essential services, and transmission services. Public waters. Having the meaning given under Minn. Stat., § 103G.005. Readily visible. Land and development that are easily seen from the ordinary high water level of the opposite shore during summer months. Resource agency. A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring. Retaining wall. A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials. River corridor boundary. The boundary approved and adopted by the Metropolitan Council under Minn. Stat., § 116G.06, as approved and adopted by the legislature in Minn. Stat., § 116G.15, and as legally described in the Sate Register, volume 43, pages 508 to 518. River-dependent use. The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities. Rock riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion. Selective vegetation removal. The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. Setback. A separation distance measured horizontally. Shore impact zone. Land located between the ordinary high water level of public waters and a line parallel to it at a setback of fifty (50) percent of the required structure setback or, for agricultural use, fifty (50) feet landward of the ordinary high water level. See Figure 68.214(d). [image omitted; see the official code] Figure 68.214(d). Shore Impact Zone Shoreline facilities. Facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships. Steep slope. A natural topographic feature with an average slope of twelve (12) to eighteen (18) percent, measured over a horizontal distance equal to or greater than fifty (50) feet, and any slopes greater than eighteen (18) percent that are not bluffs. Storm water management facilities. Facilities for the collection, conveyance, treatment, or disposal of storm water. Structure. A building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances. Subdivision. Having the meaning given under Minn. Stat., § 462.352. Subsurface sewage treatment system. Having the meaning given under Minnesota Rules, part 7080.1100 Transmission services. (a) Electric power lines, cables, pipelines, or conduits that are: (1) Used to transport power between two (2) points, as identified and defined under Minn. Stat., § 216E.01, subd. 4; or (2) For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two (2) points; and (b) Telecommunication lines, cables, pipelines, or conduits. Treeline. The mostly continuous line formed by the tree canopy when viewed from a particular point. Regardless of season, the treeline is determined as if under full foliage. Water access ramp. A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer. Water-oriented accessory structure. A small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios. Water quality impact zone. Land within the shore impact zone or within fifty (50) feet of the OHWL of the river, whichever is greater, and land within fifty (50) feet of a public water, wetland, or natural drainage route. Wetland. Having the meaning given under Minn. Stat., § 103G.005. Wharf. Having the meaning given under Minnesota Rules, part 6115.0170.

(Ord. No. 25-72, § 1, 12-10-25)