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04-11-1995Amendment or Rezoning. An amendment to or a change in the zoning ordinance. Rezonings can take three forms: (1) a comprehensive revision or modification of the zoning text and map; (2) a test change in zone requirements; and (3) a change in the map, i.e., the zoning designation of a particular parcel or parcels. The last, so- called small - parcel rezoning, has often been used to add flexibility to the zoning process, usually unintentionally. (One form of text change, the importance of which may be unrecognized, is a change in a definition. For example, changing the definition of townhouses to include them under multifamily or single - family dwellings may significantly affect where and how they are permitted.) Rezonings, like enactment of the original ordinance, are legislative acts that, except under rare and specifically defined circumstances, cannot be delegated to administrative officials. ARC (Administrative Review Committee). A committee made up of staff members to review an application at its initial stage. This meeting allows the staff to: (1) acquaint the applicant with the comprehensive area or precise plans that apply to this tract, as well as the zoning and other codes that affect the proposed development; (2) suggest improvements to the proposed design on the basis of a review of the sketch plan; (2) suggest improvements to the proposed design on the basis of a review of the sketch plan; (3) advise the applicant on ways to reduce unnecessary costs and encourage the applicant to get financial advice early; (4) encourage the applicant to consult appropriate authorities on the character and placement of public utility services; (5) help the applicant to understand the steps to be taken to receive approval; and (6) give the applicant a reading on the likelihood of acceptance of his plans based on appropriate laws and ordinances. Hearing Examiner. An individual appointed by the City Council to hold hearings and consider requests for variances. Permitted Use, Conditional Use Permits. In order for a use to be allowed in a specify zone or use district, it must be listed in the zoning ordinance as either a permitted or conditional use, or be similar enough to such a listed use so as to be included by interpretation. If the use is not so listed as a permitted or conditional use, it is not allowed and the statute prohibits the granting of a variance for it. Minn. State. % 462.357 subd. 6. If the use is a permitted use, the property owner can usually develop the property for such a use upon filing of an application for a building permit with plans showing compliance with the state building code and the performance standards in the zoning code. In the case of a permitted use, there is normally no review by the planning commission or city council and if all of the listed performance standards are met, the building permit must be issued. If the use is a conditional use, in addition to meeting performance standards similar to those for a permitted use, the applicant must show that other more subjective listed performance standards are met. A conditional use is, however., a permitted use, subject to meeting the performance standards. In fact, the Minnesota Supreme Court in the case of Chanhassen Estate Residents v City of Chanhassen, 342 N.W. 2d 335 (Minn. 1984) held: When a city designates a specific use as permissible in a particular zone or district, the City has exercised its discretion and determined that the permitted use is consistent with the public health, safety and general welfare and consonant with the goals of its comprehensive plan. Until the district is rezoned or the zoning ordinance is either amended or successfully challenged, that determination is conclusive. A special use is the same as a conditional use in Minnesota. Hearing Examiner - Appointed by the City Council to consider requests for variances. Conditional Use - (special use) ARC - see preapp conference See special use Variance. A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in particular hardship upon the owner, as distinguished from a mere inconveniences or a desire to make more money. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces, or to increase the permitted size of a sign. Some ordinance specifically preclude the granting of a use variance. Authority to decide variances usually is vested in the board of adjustment. Though intended to serve as a safety valve to protect against uniform treatment of any properly owner, variances have been used (or abused) by board of adjustment to change significantly the character of an area in violation of plans and policies. Zoning Code. Minn. State % 462.351 -.365 establishes both the procedural and substantive limitations of the zoning code. The zoning code and map divides the city into districts or zones of various numbers, shape and areas. The basic land use controls of the city are found in its zoning code. The zoning code regulates among other things. 1. The location , height, bulk, number of stories, size of buildings and other structures; 2.. The percentage of lot which maybe occupied, the size of yards and other open spaces. 3. The density and distribution of population; 4. The uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes; and 5. The uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation, conservation of shorelines, access to direct sunlight for solar energy system, flood control or other purposes, and may establish standards and may establish procedures regulating such uses. 6. The zoning map will identify the boundaries of the various zoning use districts. GLOSSARY access A way of approaching or entering a property. In zoning and subdivision regulations, lots of record usually are required to have direct access to a public street or highway or to a private street meeting public standards. This is done, not only to permit entry of residents and other uses, but to permit fire engines to reach buildings. In the context of land -use controls, access also includes ingress,. the right to enter, and egress, the right to leave. addition Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room or wing. when a structure already covers the maximum amount of land permitted by the zoning ordinance see lot coverage), constructing an addition would violate the terms of the ordinance, unless a variance is granted by the board of adjustment. An addition is a form of alteration. air rights The rights to the space above a property, for development, usually for a dissimilar use. Common law grants the owner of a piece of real estate ownership of a vertical space extending an unlimited distance above the ground. An owner who either has chosen. to build at a very low intensity or not at all may sell or lease his rights to build higher. Common sales of air rights are above transportation facilities such as highways or railroad tracks or yards. airport zoning A particular set of controls intended to protect the integrity of an airport, it airspace, and its environs. While the major control is on height -with permitted minimums increasing with distance from runways- airport zoning also limits electronic interference with navigational equipment and some types of uses, primarily places of assembly, to reduce accident risks. Airport zoning controls usually are. superimposed as overlay zones on other zoning requirements. Model Airport Zoning Regulations have been promulgated by the Federal Aviation Administration and are in wide use. Many communities have, in addition, made special provision for airport surrounding by zoning them for such compatible uses as agriculture and other open activities, warehousing, industry, tourist accommodations, and certain commercial uses, and excluding residential uses and places of assembly like schools, stadiums, and such. There is an overlay zone for MSP Airport. alteration A Physical change in a building or an addition to it. An alteration that includes an addition, projection into yards, or change from one type of use to another (single -to -two- family dwelling), may require zoning approval. amendment, zoning See rezoning. t amenity Aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. It differs from development to development but may include such things as a unified building design, recreational facilities such as swimming pools or tennis courts, security systems views, landscaping or tree preservation, or attractive site design. Increasingly, such amenities are becoming basic development features that enable developments to compete with one another and to win approval from public officials. While officials often try to encourage or cajole developers into putting in more amenities, in a tight market they may raise housing costs and thus be resisted by both developers and some segments of the public [PAS 291]. amortization. A term used in zoning to mean the process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the ordinance at the end of a specified period of time. The term itself is a bastardization of the real estate term by which borrowers are required by pay back a debt in regular payments over a fixed period of time, e.g., installment payments on the principal on a mortgage. There is an amortization provision for billboards in Richfield that takes effect in 1997. architectural control Regulations governing the appearance or architectural style of buildings or structures. Architectural controls are improved to assure minimally acceptable design of new suburban development and, in developed areas, to preserve neighborhood character or to preserve the character of historic or architecturally distinguished areas. Most of these regulations are intended to ensure that design is harmonious with the appearance, architectural style, or historic character of the surrounding area. Others have gone to the other extreme or prohibiting "look- alike" design. Either way, such controls frequently have been attacked as legislating taste and cheapening really good design, although, where enforced, they have tended to eliminate the truly ugly and shoddy design. Design criteria, described generally in the ordinance, usually are administered by an architectural review board. The board's composition, often enumerated in the ordinance, typically includes architects, landscape architects, and other members of the design professions. Architectural control is a form of aesthetic zoning. buildable area The space remaining on a zoning lot after the minimum open - space requirements (coverage, yards, setbacks) have been met. building A structure, of more or less permanent construction, having a roof and intended to be used for sheltering people, animals, property, or business activity. Temporary structures such as tents are not buildings, but houses, garages, factories, barns, etc., are. Mobile homes usually are defined as buildings for zoning purposes. Regulating the number of buildings per lot, and their bulk and spacing, is a basic element of the zoning scheme. The definition of building in the zoning ordinance should conform to the building code to avoid complications. certificate of occupancy Official certificate that a premise conforms to provisions of the building code and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued, a structure cannot be occupied. classification (1) Division of uses or activities into groups or subgroups for regulatory purposes; (2) the process of deciding what uses should be permitted in what zoning districts; and (3) the zone requirements imposed on a particular piece of property. A subsequent change in a classification is called a reclassification. compatibility The characteristics of differest uses or activities that permit them to be located near each other in harmony and without conflict. It is a general but important concept which forms the basis for the segregation of uses, through zoning, in districts. The designation of permitted and special - permit uses in a zoning district are intended to achieve compatibility within the district. Performance standards, which measure compatibility more closely, are beginning to replace the less precise and less flexible use list in many locations. Some elements affecting compatibility include: intensity or occupancy as measured by dwelling units per acre; floor area ratio; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, or radiation. On the other hand, many aspects of compatibility are based on personal preference and are much harder to measure quantitatively, at lease for regulatory purposes. A nuisance is something which is incompatible with its neighbors. Buffer zones or transitional requirements are sometimes written into ordinances to smooth the transition between incompatible activities. comprehensive plan A document or series of documents prepared by a planning commission or department setting forth policies for the future of a community. It is normally the result of considerable study and analysis of existing physical, economic, and social conditions, and a projection of future condition. When adopted by a public body such as a planning commission or governing body, it serves as a guide for many public decisions, especially land - use changes and preparation of capital improvements programs, and the enactment of zoning and related growth management legislation. Enabling statutes of many states required zoning to be in accordance with a comprehensive plan. conversion Changing the original purpose of a building to a different use. It usually refers to the division of single - family dwellings into apartments; usually this conversion make the building nonconforming and hence is illegal. Such conversions often are viewed as signals of community decline and may evoke strong action by neighbors and code enforcement officials. A more recent use of the term is the changing of rental apartments into condominiums or cooperative apartments. covenant A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded. There may be certain legal requirements for formal establishment of a covenant such as a written document, a mutual interest in the property, that the covenant be concerned with the use of the land rather than individual characteristics of ownership, etc. Covenants are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use, e.g., single - family dwellings. They are also used in rezoning situations, were contractor conditional zoning is permitted, to bind the landowner to use his property in a specific manner. dedication Under subdivision regulations, the transfer of property from private to public ownership. Subdivision regulations have traditionally required developers to build streets and utility lines to specifications and then dedicate them to the public. Over time, requirements have been extended to include land for open space and for schools. Recent developments have further extended this list in some communities to include land for other activities. Dedication of such property increasingly is required as a condition of subdivision plat approval. Dedication requirements usually involve a transfer of ownership of property to the government. Where costs are high or a "free simple' transfer is unnecessary, the owner may, where authorized, dedicate a portion of his rights through an easement or other form of less- than -fee transfer. Where land dedication is not possible, a fee in lieu of dedication may be authorized. Both are forms of exactions which attempt to assess developers with more of the costs of the development to the community. The development impact tax is another form. dedication, fee in lieu of Payments of cash which are authorized in subdivision regulations when requirements for mandatory dedication of land cannot be met because of physical conditions of the site or other reasons. The conditions under which such payments will be allowed and the formula for calculating the amount are spelled out in the regulations. This is used in Richfield for storm water retention facilities. density The average number of families, persons, or housing units per unit of land; usually density is expressed "per acre ". Thus, the density of a development of 300 units occupying 40 acres is 7.5 units per acre. The control of density is one of the basic purposes of zoning. 4 density, control of A limitation on the occupancy of land. Density can be controlled through zoning by one method or a combination of following methods; use restrictions, e.g., single -or multiple - family dwellings; minimum lot -size . requirements; floor area ratio; land- use - intensity zoning; setback and yard requirements; minimum house -size requirements; establishing ratios between the number and types of housing units and land area; direct limitations on units per acre; requirements for lot area per dwelling unit; and other means. The major distinction between different residential districts often is in their allowable density. discretion The exercise of judgment on the part of local officials in deciding whether to approve or disapprove a developer's application for a permit. It can be exercised through the use of such flexible regulations as special (or conditional) use permits, site -plan review, floating zones, or through requirements for subdivision exactions. The amount of discretion that can be exercised should be, but often is not, limited by standards and conditions included in local zoning regulations and plans. Many communities have abused their degree of discretion by accepting only those developments they found desirable, regardless of what is included in local laws. Similarly, some communities have found in discretionary devices an opportunity extort through negotiation concessions from developers which they could not legally require. This abuse of discretion, when challenged, usually is overturned by the courts. downzoning A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single - family or from commercial or industrial to residential. A change in the opposite direction is call upzoning. (See also cumulative zoning; highest and . best use.) due process (of law) Generally, a requirement that legal proceedings be carried out in accordance with established rules and principals. Commonly, it takes two forms: procedural and substantive. Procedural due process means an assurance that all parties to a proceeding are treated fairly and equally, that citizens have a right to have their views heard, that necessary information is available for informed opinions to be developed, that conflicts of interest are avoided, and that, generally, the appearance of, as well as the fact of, corruption does not exist. Procedural due process requirements are increasingly being imposed by the legislatures and the courts in proceedings including zoning changes, whether performed by an administrative agency or official - such as a board of adjustment or hearing examiner - or by legislative bodies - such as city councils - when they perform essentially administrative functions like rezoning small parcels or approving floating zone applications. The meaning of substantive due process is less precise, but it usually refers to the payment by government of "just compensation" to property owners when their property is condemned by government or is severally diminished in value because of government actions. easement A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, to allow light to reach a neighbor's windows, or to allow access to another property. In recent years, especially in some midwestern states, there has been some use of open - space easements under which a property owner sells.to the government his development rights and thereby keeps the land open for conservation, recreation, or scenic purposes. An easement may be acquired by a government through dedication when the purchase of an entire interest in the property may be too expensive or unnecessary. eminent domain The legal right of government to acquire or "take" private property for public use or public purpose upon paying just compensation to the owner. while originally used only when land was to be kept in public ownership, i.e., for highways, public buildings, or parks, property has been condemned under eminent domain powers for private use in the public interest such as urban renewal. exclusionary zoning Zoning which has the effect of keeping out a community racial minorities, poor people, or in some cases, additional population of any kind. Techniques such as large -lot zoning or high floor area or minimum residential floor -area requirements which increase housing costs have been challenged for their potential exclusionary effects. Similarly, discretionary techniques have been subject to challenge; they may permit a community to deny certain applications and conceal the real reasons. Exclusionary zoning, in all its subtle variations, is considered by many the most effective and pervasive tool used by suburbs to maintain their homogeneous character. A growing number of state court decisions are invalidating exclusionary practices, whether intentional or unintentional, and in some cases are requiring affirmative, inclusionary practices. On the other hand, discretionary techniques, such as inclusionary zoning, can be an important part of an inclusionary land -use program. finding A determination or conclusion based on the evidence presented and prepared by a hearings body in support of its decision. A zoning board of adjustment or governing body is usually required by law to hold a public hearing to hear evidence when it receives a petition for a variance, special permit, rezoning, or appear of an administrative official's decision. When it presents its decision, the body is often required to demonstrate in writing that the facts presented in evidence support its decision in conformance with the law. If, for example, the law requires evidence of a hardship before a variance can be granted, the board of adjustment must support its approval by finding that a hardship, in fact, exists. A requirement to produce findings of fact is often found in due process rules of state legislation. floating (unmapped) zone A zoning district whose requirements are fully described in the text of the ordinance but which is unmapped. It is *anchored" to the land in response to an applicant's petition for a rezoning, almost invariably through legislative action. The new zoning designation then replaces the previous designation. this technique has commonly been used for large -scale unified developments such as shopping centers, planned unit-development, and industrial parks. The term floating zone seldom appears in ordinances but must be inferred form its special procedural requirements. [PAS 319]. highest and best use the use of a property that will bring to its owner the greatest profit it offered for sale. In theory, the economics of the real estate market establish a maximum value for each parcel of land at any given time. Except in developed areas or along transportation corridors where there is pressure to develop, this "highest and best use" is likely to be agricultural or residential. Zoning, by placing each property in a particular district, may interfere with market operations and raise or lower the value of property. Thus, while a gas station built on a particular site might give the owner the greatest return, zoning might allow only single - family houses. thus, one purpose of zoning is to prevent the "highest and best use" where it is inappropriate. Ordinances are frequently challenged as they apply to particular sites because they prevent the "highest and best use." Where the ordinance is found to be a valid exercise of the police power, i.e., it accomplishes a demonstrable public purpose and is based on a plan, such arguments seldom are decisive. But where a court does not find in the ordinance a public benefit overriding the loss to the property owner of his "highest and best use," the court may find that there has been a "taking of property without due process of laW' and declare the provisions of the ordinance invalid. holding zone A zone established in the zoning ordinance on a temporary basis awaiting applications for rezoning to desired uses. These are usually very low density zones; their purpose may be made explicit in the ordinance's statement of intent or left implicit. impact analysis The process of evaluating a proposal's expected impact on its surroundings or on a community. Major federal or federally funded activities are required to go through an environmental impact statement (EIS) process before they can proceed; a number of states have enacted similar requirements. Their purpose is to make known to decision makers what is likely to happen if the project goes ahead as a way of helping them arrive at an informed decision. Out of EIS experience has come the development of economic, social, and fiscal impact analysis techniques which are being applied to projects at all levels of jurisdiction. Impact analysis, in a sense, is a more sophisticated and systematic version of the reviews planning agencies have given public and private proposals for many years. (e.g., zoning change). It is felt by some observers that the use of such techniques in flexible zoning -where discretion is involved would result in more supportable decisions. Impact zoning is one effort in this direction. impact zoning This relatively new, still-developing technique usually applies to an ordinance which identifies fiscal and environmental standards to be met by new development; i.e., an applicant must demonstrate that the proposed development will not adversely affect governmental financial conditions nor the community's man -made or natural environment. In general, it tries to extend environmental or industrial performance standard zoning to other impacts of new development on a community - especially fiscal impacts. The process relies heavily on a detailed analysis of existing conditions, an analysis of the impact of a development on the community to determine compliance may need to use sophisticated computer techniques. In theory, impact zoning might do away entirely with traditional as -of -right uses may remain in the ordinance. in accordance with a comprehensive plan A term from the Standard State Zoning Enabling Act which requires that the zoning ordinance be "in accordance with a comprehensive plan." This requirement usually has been interpreted by the courts to mean that the zoning ordinance should be applied uniformly, include all private land within the jurisdiction, and be internally consistent; more recently, it has returned to the meaning intended by the Act's drafters, that zoning should be consistent; with public policies arrived at through detailed study and analysis, i.e., a real comprehensive plan. [PAS 318] inclusionary zoning A positive and active policy and program of a community to attract racial minorities or low- and moderate - income residents. Such policies, analogous to affirmative action in job recruitment, go beyond the avoidance of techniques which discourage certain classes of people from moving into an area; they actively seek to invite such groups. Inclusionary zoning devices usually include offering incentives or bonuses to developers for building low- or moderate -cost housing or exceptions to traditional controls. Such practices are rare, but they are being experimented with in a number of places. While some courts have accepted the idea of inclusionary incentives, they have generally invalidated the techniques. Inclusionary policies are a response to the challenges being levied at exclusionary zoning. intensity The degree to which land is used. While frequently used synonymously with density, intensity has a somewhat broader, though less clear meaning, referring to levels of concentration or activity in uses such as residential, commercial, industrial, recreation, or parking. Land- use - intensity ratings have been proposed as an improved approach to regulating residential intensity, but may be difficult to apply to other fields. For example, in the commercial classification a well -located convenience store is a far more intensive use than is a shopping center. Interim zoning or development controls A device to freeze or severely restrict development for a.short period, during which a comprehensive plan for an area or a new set of zoning regulations is prepared. Interim zoning has three main purposes: it permits planning and ordinance writing to proceed relatively free of development pressures; it prevents uses that will not conform to the adopted ordinances; and it engenders public debate on the issues. Such controls most often are applied in newly annexed areas. The courts have widely accepted the reasonableness of interim controls, although the period of their effect has been reviewed on a case -by -case basis. Occasionally, where the controls have been found to be a subterfuge for a more -or -less permanent effort to halt growth, the courts have thrown them out, as they have other forms of moratoria. inverse condemnation The effective taking or reduction in value of a property as a result of public action, in contrast to a direct taking through eminent domain. For example, by building a dam which inundates a property, the public will have destroyed its value, and the law requires that the landowner be reimbursed for the amount of the loss. There is extensive debate about how far government, can go in using police power regulations which diminish property values before compensation must be paid (the "taking issue"); for example, the anticipation ,of government action, such as building a new highway or a renewal project, may cause blight, which could be interpreted as inverse condemnation. These arguments have become heated recently as growth management devices have placed stringent controls on land use. Compensable regulations have been developed partly as a way of mitigating the problems of inverse condemnation. landscaping Changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping. the land by moving the earth, as well as preserving the original vegetation or adding vegetation. Landscaping requirements are included in ordinances for a number of reasons. They preserve natural features of a site for ecological and environmental reasons. They make land more attractive for residential and other uses. They can screen from view unattractive uses such as junkyards, parking lots, or gravel pits. And they can act as buffers, visually separating different types of uses. land -use controls A term generally referring to the use of police power techniques to control and guide land use and development. In actual use, the term normally refers to zoning, subdivision regulations, and official maps. metes and bounds A system of describing and identifying land by measures metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or, in rural areas,.a tree or other permanent feature. It is the most precise of the three most common forms of urban land -description (the others are by street number of house and by blocks and lots in tract subdivision). It is used with precision where land values are high and, more loosely, in rural areas. mixed use zoning Zoning which permits a combination of usually separated uses within a single development. Many PUD ordinances specify permitted combinations of, say, various residential types and local businesses. More recently the term has been applied in a more limited way to major inner -city developments, often with several high -rise buildings, which may contain offices, shops, hotels, apartments, and related uses. While zoning traditionally has separated land uses, improved performance controls and some rethinking of old values on the part of planners and their critics has led to a loosening up of narrowly defined districts to permit appropriate mixtures, such as local shopping in residential areas, and therefore more interesting, livelier neighborhoods. moratorium A temporary halting or severe restriction on specified development activities. Moratoriums on the issuance of building permits or on sewer hookups, for example, may be imposed to allow the community to build the necessary utilities to accommodate the new development. Interim zoning can be considered a form or moratorium which gives time for the zoning ordinance to be changed (or a new one prepared) to allow for changing conditions and needs. Moratoriums are increasingly common and are generally considered to be legal when not abused. nuisance Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. There are many types of nuisances, and the law can be invoked to determine when, in fact, a nuisance exists and should be abated. Nuisance law forms part of the basis for zoning. The separation of uses through zoning, e.g., industrial from residential, helps to foster the enjoyment of residential areas free from pollution, noise, congestion, and the other characteristics of industrial areas. Performance standards, which are better able to measure degree of nuisance, have been developed as a way of dealing with activities by the way they perform, rather than as classes. overlay zones A set of zoning requirements that is described in the ordinance text, is mapped, and is imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. It usually is employed to deal with special physical characteristics such as flood plains or steeply sloping areas, but it has other applications as well. A combination zone is a form of overlay zone, but usually. it is wholly within another zone. permissible use Any use authorized in a particular zoning district, whether a permitted use, an as of right or conditional use, or special permit or. special exception use, permitted use A use by right which is specifically authorized in a particular zoning district. It is contrasted with special permit or conditional uses which are authorized only if certain requirements are met and after review and approval by the board of adjustment or other public body. performance standards A minimum requirement or maximum allowable limit on the effects or characteristics of a use, usually written in the form of regulatory language. A building code, for example, might specify a performance standard referring to the fire resistance of a wall, rather than specifying its construction materials. Performance standards in zoning might describe allowable uses with respect to smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact, and so on, instead of the more traditional classifications of "light" or heavy" lists of uses. It is a more precise way of defining compatibility and at the same time is intended to expand developer's options. The performance standard approach is based on the technical ability to identify activities numerically (e.g., how much noise) and to measure them to see if they meet ordinance requirements. The most advanced work in performance standards has been in the area of industrial emissions. (Local requirements in many fields, especially pollution control, .have now been superseded by federal or state regulations.) Because such measures require technical skill and often some expensive equipment, small communities have tended to prefer the more traditional specification standard approach. In such places, clear statements of purpose or intent often are substituted for precise measurable standards. phased development control (phased zoning) A term referring to programs or techniques to guide the timing and sequence of development. Under one form of phased zoning, land designated for residential use but presently undeveloped could receive permission to subdivide only if the developer could show the availability of adequate public services such as sewers, drainage, park sites, and roads. The special permit or rezoning usually serves as the control vehicle. Through it, development in the designated areas would be phased as the community is willing and able to provide the public services. planned unit development (PUD) A form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation -of densities over the entire development, rather than on an individual lot -by -lot basis. (See cluster development.) It also refers to a process, mainly revolving around site -plan review, in which public officials have considerable involvement.in determining the nature of the development. It includes aspects of both subdivision and zoning regulation and usually is administered either through a special permit or a rezoning process. While PUD has most commonly been used for housing developments, it also is frequently applied to other forms of development such as shopping centers, industrial and office parks, and to mixed -used developments which may be any combination, depending on local ordinance. Planned unit development allows the unified, and hence potentially more desirable and attractive, development of an area, based on a comprehensive site plan. PUD can have a number of advantages over conventional lot -by -lot development including: mixing building types and uses to create more heterogeneous and "alive" communities; combining often unusable yard space on individual lots into larger common open spaces; offering greater opportunities for incentives to building lower -cost housing; lower street and utility costs resulting from reduced frontage; and the possibility of increasing the density of a development while keeping desired amenities. On the other hand, there are some critics who fear that the flexibility offered by PUD, and the negotiations that virtually always accompany the approval process, permits communities to extort higher cost amenities from developers, thereby using it as an exclusionary device. Other terms for PUD include planned development, unitary development, or community unit plan. plat A map, generally of a subdivision, showing the location, boundaries, and ownership of individual properties. A plat may simply be the device for officially recording ownership changes or lot divisions; in communities which have subdivision regulations, submission and approval of a plat is a prerequisite to building. Approval of a preliminary plat, usually by the planning commission, involves a determination that the subdivision conforms to the regulations and to the lot -size requirements of the zoning ordinance. To plat means to subdivide; where subdivision regulations are in effect this in turn may mean to obtain the necessary approvals without necessarily intending to improve or build, or, where they are not, to record. Property is frequently platted as a speculative venture; platted, but undeveloped property, may require public purchase or other action to bring it up to current regulatory standards. police power The authority of government to exercise controls to protect the public's health, safety, morals, and general welfare. As distinct from eminent domain powers, in which government takes property, no compensation need be paid for the imposition of police power controls. The degree to which such exercise becomes, in effect, a taking of property, is a question of long standing and has arisen again lately in connection with the restrictive growth management controls being imposed by many communities. (See also compensable regulations; inverse condemnation.) site plan. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features - both natural and man -made - and, depending on requirements, the location of proposed utility lines. spot zoning Zoning a relatively small area differently from the zoning of the surrounding area, usually for an incompatible use and to favor the owner of a particular piece or pieces of property. Spot zoning is invalidated by the courts when it violates "in accordance with a comprehensive plan" requirements of state enabling legislation. The "spotness" is in the arbitrary and inappropriate nature of the change rather than, as is commonly believed, in the size of the area. Spot zoning often is a reason why many flexible techniques such as floating zones or conditional rezoning have been prohibited, the argument being that conferring narrow development permission is a form of spot zoning. Special small -area zoning districts, however, have been upheld where the comprehensive plan demonstrates a special need, such as for a historic area or to preserve a sensitive natural area. Spot zoning, in sum, can be legal or illegal, but laymen generally think that it always is illegal and use the term loosely -and pejoratively - at public hearings when they oppose the change. statement of intent. (statement of purpose) A statement of policy or objectives, often incorporated in a zoning ordinance, which outlines the broad purpose of the ordinance and its relationship to the comprehensive plan; frequently, a statement preceding regulations for individual districts, which helps to characterize the districts, and their legislative purpose. When the application of particular district requirements is challenged in court, the courts rely on the intent statement in deciding whether the application is reasonable and related to a defensible public purpose. As zoning ordinances become more complex, with numerous special districts and flexible applications, statement of intent, which guide users, administrative official, and the courts, are making more frequent appearance [PAS 92]. taking The appropriation by government of private land for which compensation must be paid. Under the U.S. Constitution, property cannot be condemned through eminent domain for public use or public purpose without just compensation. This is reasonably clear when government buys land directly. But the "taking issue" is far less clear when the imposition of police power controls diminishes the value of property considerable (as in inverse condemnation). A middle ground has been attempted to t be struck through the enactment of compensable regulations which pay for the value lost. uniformity. A basic premise of zoning that all properties in the same zoning district are subject to the same regulations. Attacks on certain zoning actions, such as spot zoning or attaching .extra conditions to a rezoning as in conditional rezoning, often are based on violation of uniformity provisions. use The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which its occupied or maintained. vested right A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. there is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have vested before the change. If the right to complete the development has not vested, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with. vested rights are often established by showing that some development permit has been obtained and substantial construction on the project started. How much construction or land improvements must have been completed before the rights are vested varies among the states. In some states application for a building permit or other development approval may be sufficient to establish a vested right to complete a project. Others may require substantial investment and beginning of construction on the land, with completion of structures that are unique to the planned project. (See also nonconformities.) windfalls and wipeouts the conferring of great financial benefits ( "windfalls ") or losses ( "wipeouts ") on a property owner as a result of public action. Zoning, for example, can create very high land values in areas zoned for high - density development, or it can severally reduce value by zoning for low- density or extensive uses, as in the enactment of restrictive environmental controls. Similarly, a highway or sewer extension decision can have a great effect on land values, as can a variety of other public regulatory or capital investment decisions. recognizing the possible injustices created by these actions, many remedies have been considered in an effort to "recapture" windfall profits by the public, to avoid wipeouts, and to trade windfalls for wipeouts. It has been done in some other English- speaking countries; at present, however, the work in this area remains theoretical and conceptual, although it has generated considerable interest and a growing literature. zero hot line A development approach in which a building is sited on one or more lot lines with no yard. Conceivably, three of the four sides of the building could be on the lot liens. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning ordinances retain yard requirements; where zero lot line developments have been permitted, they have been handled through variances planned unit development procedures, or other devices which allow for site plan review. The few ordinances which specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances. P:plancom:4- 95zone] Richfield City Code (Zoning) Purpose and Definitions DRAFT d) hrase "used for" shall include the phrases " tgned for," "intended for," roved for," "maintained for," " ered for," and "occupied for "; e) the phrase "residents e " shall mean any residentially zoned or used property, in plan f development districts which contain residential dw mg units; and f) if a. conflict arises between the graphic illustrations nted in this code Iarid-the text of this code, the iext shall prevail. 505.07. Definitions. Subdivision 1. For the purpose of this code, the following words and terms shall have the meanings stated: Subd. 2. "Abutting" - Having a common border with, or being separated from such common border by an alley. Subd. 3. "Alley" - A public or private way permanently reserved as a secondary means of access to abutting property. Subd. 4. "Arterial street" - For the purposes of this code, an arterial street means a street which connects adjacent sub - regions and activity centers within sub - regions. The definition includes the following streets and roadways in the City: The Crosstown Highway No. 62); I -35W; I -494; Minnesota Trunk Highway No. 77; 66th Street between Xerxes and Standish Avenues;* Standish Avenue; 76th Street between Girard and Xerxes Avenues; Penn Avenue; Lyndale Avenue; Nicollet Avenue; Portland Avenue; Cedar Avenue between 66th and 77th Streets; 77th Street between I -35W and Trunk Highway No. 77, and Xerxes Avenue between 62nd and 66th Streets (see Street Designation Map" inserted after Section 550). Subd. 5. "Bed and breakfast inn" - An owner - occupied dwelling unit containing no more than two guest rooms where lodging, with or without meals, is provided for compensation. Subd. 6. "Buffer" - The use of land, space, fences, berms, and /or landscape plantings to screen (or partially screen) one property from another property, thus reducing undesirable influences and Fence effects which a land use may have upon other adjacent or eeffn nearby land uses. (Figure 1) Figure 1 Subd. 7. "Building, accessory" - A subordinate structure detached from but located on the same lot as the principal building, the use of which is clearly associated with and incidental to the use of the principal building. ` Subd. 8. "Building, principal" - A building in which is conducted the primary use of the lot upon which it is situated. . p. 505 -2 DRAFT Richfield City Code (Zoning) Purpose and Definitions Subd. 9. "Car wash" - A principal building used for the washing of motor vehicles. Subd. 10. "Car wash, accessory" - An accessory building or accessory portion of a principal building containing facilities for the washing of no more than one motor vehicle at- a time, and which is accessory to a service station or service station/convenience store. Subd. 11. "Carport" - A .roofed automobile shelter open on at least two sides, usually formed by extension of the roof from the side of a building. Subd. 12. "City" - The City of Richfield. Subd. 13. "Collector street" - For the purposes of this code; a collector street means a street which connects neighborhoods within and between sub - regions. The definition includes the following streets and roadways in the City: 69th Street between Xerxes and Penn Avenues; 65th Street between Nicollet Avenue and Rae Drive; Rae Drive between 65th and 66th Streets; 70th Street between Lyndale Avenue and Diagonal Boulevard; 73rd Street between Lyndale Avenue and Diagonal Boulevard; Diagonal Boulevard; 76th Street between Girard and Cedar Avenues; 12th Avenue between 66th Street and I-494; and Bloomington Avenue between 62nd and 66th Streets (see "Street Designation Map" inserted after Section 550). Subd. 14. "Community based residential care facility" - A facility which is similar to a licensed residential care facility, but is exempt from licensing requirements. The term includes facilities that provide supportive living in agreement with Hennepin County, and facilities that provide training, rehabilitation, or other support services. Subd. 15. "Council" - The City Council of the City of Richfield. Subd. 16. "Currency exchange" - Any business or person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or traveler's checks for a fee. Currency exchange does not include businesses or persons who provide such service incidental to their primary business if the charge for cashing a check or draft does not exceed one dollar or one percent of the value of the check or draft, whichever is greater. Subd. 17. "Director" - The Director of Community Development, unless specifically indicated otherwise. Subd. 18. "Driveway" - A permanent concrete, asphalt, or brick area designed to provide ingress and egress for motor vehicles from the street to a garage or other authorized off - street parking area; the term does not include (i) a non - contiguous area exclusively set aside or used for the parking and storage of recreational vehicles and equipment, or (ii) parking lots. p. 505 -3 Richfield City Code (Zoning) Purpose and Definitions DRAFT Subd. 19. "Dwelling" - Any building or portion thereof used exclusively for residential occupancy, including single family,-two family, and multi - family dwellings, but not including nursing homes, rest homes, or hotels. Subd. 20.. "Dwelling, attached" - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 21. "Dwelling, detached" - A single dwelling which is entirely surrounded by open space on all sides. Subd. 22. "Dwelling, multi - family" - A residential building or portion thereof used for occupancy by three or more families living independently of each other. Subd. 23. "Dwelling, single family" - A residential building used for occupancy by one family. Subd. 24. "Dwelling, townhouse" - A building used for occupancy by three to six families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances and has a totally exposed front and rear wall to be used for entry, light, and ventilation. Dwelling units may be individually owned and an association fee may be paid for maintenance of yard and common areas. Subd. 25. "Dwelling, twin home- - A residential building containing two dwelling units which are completely separate in every way except that they share a common wall with no openings) which separate the units and act as the dividing lot line, where each unit is situated on its own parcel of land. Subd. 26. "Dwelling, two family" - A residential building used for occupancy by two families living independently of each other, where both units are situated on the same parcel of land. Subd. '27. "Dwelling 'unit" - Residential accommodation including kitchen facilities, permanently installed, which are used.for living quarters by one family. Subd. 28. "Easement" - The right of a person, governmental agency, or public utility to use public or private land owned by another for a specific purpose. Subd. 29. "Emergency shelter" - A facility operated by a non- profit, charitable, or religious organization which provides temporary housing for one or more persons who are otherwise homeless. Subd. 30. "Family" - One person or a group of persons related by blood, marriage, or adoption, including foster children and bona fide domestic servants employed on a full -time basis by the family in the dwelling unit; or a group of up to three persons some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household. The definition does not. include sororities, fraternities, or other similar organizations. p. 505-4 DRAFT Richfield City Code. (Zoning) Purpose and Definitions Subd. 31. "Floor area, gross" - The sum total of the gross horizontal area of the several floors of a building or buildings, as measured from the exterior faces of exterior walls or from the centerline of party-walls separating two buildings. Gross floor area shall include halls, lobbies, elevator shafts and stairways at each floor, enclosed porches, enclosed balconies and enclosed mezzanines, below grade floor areas used for habitation, and floor space used for mechanical equipment where the structural headroom exceeds seven and one -half feet, except equipment, open or enclosed located on the roof,. i.e., bulkheads, water tanks, and cooling towers. Gross floor area does not include open terraces, operi patios, open atriums, 40. —Appi 40 x so open balconies, carpor7s, x 3 stories = 6,0000 private garages, parking A G.F.A. structures, breezeways, tool 3 so, sheds, special purpose areas stories for common use of occupants 0QCsuchasrecreationrooms, n 0 U social halls, staff space for 1.1 therapy or examination in in- Q 0carehousing, basement space used only for storage Qpurposes, and attics not used Q Qforhumanhabitation. Figure 2) Figure 2 Subd. 32. "Floor area ratio (FAR)" - The gross floor area of all buildings on a lot divided by the lot area. (Figure 3) Subd. 33. "Garage,. private" - An accessory building or accessory portion of the principal building for the private use of the owner or occupant of the principal . building,. primarily for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature. Subd. 34. "Garage, public -auto body - A premises, not a private garage. used for the refinishing of motor vehicles including paint and body work. Subd..35. "Garage, public - mechanical" A premises, not a private garage, used for the servicing, maintenance, or mechanical repair of motor vehicles including both I lot line I -- 40' — , 1 50 , 3 Stogy I I I T I 12,000 Sq. Ft. Lot Gross floor area [6,000] = FAR [.5) Lot area [12,000] minor work and major engine overhauling. Figure 3 p. 505 -5 Richfield City Code (Zoning) Purpose and Definitions uKAr1 Subd. 36. "Group housing development" - A development located on a single lot which consists of two or more buildings, each of which contains three or more dwelling units. Subd. 37. "Height of building" - The vertical distance to the highest point of the roof for flat roofs; to the deck GABLE line for mansard roofs; HIP and to the average height . FLAT MANSARD GAMBREL between eaves and the na9 __- ridge for gable, hip and deck me gambrel roofs, as I Height Height Height measured from the average elevation of the lot adjoining the front building line. (Figure 4) Figure 4 Subd. 38. "Hotel /Motel" - A facility containing six or more guest rooms where lodging is offered for compensation and which may provide supportive services such as restaurants, meeting rooms, and recreational facilities. Subd. 39. "Impervious surface" - A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as IMPERWOUS SURFACE most conventionally surfaced streets, roofs, sidewalks, parking o ad lots, and other similar structures. Figure 5) Subd. 40. "Junk vard" - Land or building where waste material, or inoperative vehicles or other machinery are collected, stored, salvaged, dismantled, wrecked. or sold, other than the storage of materials which is incidental to a business or industrial use on the same lot if approved by the City. Figure 5 Subd. 41. "Light manufacturing- - A use engaged in the manufacturing of finished products or parts, predominantly from previously prepared materials. Subd. 42. "Lot area" - The total horizontal area bounded by the front, side, and rear lot lines. With respect to planned unit developments only, lot area includes the site plus one -half of the area of abutting streets and alleys. p. 505-6 DRAFT Richfield City Code (Zoning) Purpose and Definitions Subd. 43. "Lot, corner" - A lot abutting and at the intersection of two or more streets. (Figure 6) Subd. 44. "Lot coverage" - The total ground area covered by buildings on a lot, excluding uncovered swimming pools, uncovered porches, or uncovered ground level. landings. Subd. 45: "Lot depth" - The average horizontal distance between the front and rear lot lines. (Figure 7) Subd. 46. "Lot, interior" - A lot other Street Key lot I Key lot front (root ' d Q wc me iu sne— Q' Through lot Interior lot Interior lot P. 5054 than a comer lot. (Figure 6) Figure 6 Subd. 47. "Lot, key" - The first lot to the rear of a comer lot, the front lot line of which is substantially a continuation of the streetside side lot line of the comer lot, regardless of the presence of any alley or easement. (Figure 6) Subd. 48. "Lot line" - A line which divides one lot from another or from a street or alley. Subd. 49. "Lot line, front" - On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street (or as otherwise designated by the Building Official); or, on a through lot, the lot lines abutting the streets. (Figure 7) Subd. 50. "Lot line, rear" - The lot line which is most distant from and parallel, or approximately parallel to the front lot line. Where the rear lot line is less than ten feet in length, or where the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet long lying within the lot, connecting the side lot lines and parallel or approximately parallel to the front lot line. (Figure 7) Subd. 51. "Lot line, side" Any lot line that is not a front or rear lot line. An "interior" side lot line is a side lot line which abuts another lot or an alley. A " streetside" side lot line is a side lot line which abuts a public street. (Figure 7) Subd. 52. "Lot of record" - A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat. Subd. 53. "Lot, through" - An interior lot abutting on two or more streets. (Figure 6) r_._ Ree`.` at line I i Lot Depth i Side lot Unes Lot Width Fr°nt frontage) i _ / - lot One Street Right - oaf -Wray Figure 7 o s U cc I UU than a comer lot. (Figure 6) Figure 6 Subd. 47. "Lot, key" - The first lot to the rear of a comer lot, the front lot line of which is substantially a continuation of the streetside side lot line of the comer lot, regardless of the presence of any alley or easement. (Figure 6) Subd. 48. "Lot line" - A line which divides one lot from another or from a street or alley. Subd. 49. "Lot line, front" - On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street (or as otherwise designated by the Building Official); or, on a through lot, the lot lines abutting the streets. (Figure 7) Subd. 50. "Lot line, rear" - The lot line which is most distant from and parallel, or approximately parallel to the front lot line. Where the rear lot line is less than ten feet in length, or where the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet long lying within the lot, connecting the side lot lines and parallel or approximately parallel to the front lot line. (Figure 7) Subd. 51. "Lot line, side" Any lot line that is not a front or rear lot line. An "interior" side lot line is a side lot line which abuts another lot or an alley. A " streetside" side lot line is a side lot line which abuts a public street. (Figure 7) Subd. 52. "Lot of record" - A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat. Subd. 53. "Lot, through" - An interior lot abutting on two or more streets. (Figure 6) r_._ Ree`.` at line I i Lot Depth i Side lot Unes Lot Width Fr°nt frontage) i _ / - lot One Street Right - oaf -Wray Figure 7 Richfield City Code (Zoning) Purpose and Definitions DRAFT Subd. 54. "Lot width" - The horizontal distance between the two side lot lines, as measured at the front lot line. (Figure 7, p. 505 -7) Subd. 55. "Manufactured home" - A dwelling structure that is transportable in one or more sections and is built on a permanent chassis. Subd. 56. "Motel" - (See Hotel /Motel) Subd.' 57: "Nonconforming building" - Any 'building that does not meet the limitations on building size, height, or location on a lot for the district in which such building is located; or any building which houses a nonconforming use. Subd. 58. "Nonconforming use" - A lawful use of land that does not comply with the use regulations for its district, but which complied with the use regulations at the time the use was established. A nonconforming use shall be deemed to be a conforming use if it could be authorized under a conditional use permit where located. Subd. 59. "Outdoor open space" - Open space improved and located to provide outdoor living area for residents. Outdoor open space includes, but is not limited to, lawns and other landscaped areas, walkways, decks, paved terraces and sitting areas. and outdoor recreation areas; outdoor open space shall not include driveways, parking areas, or required front or "streetside" side setback areas. Subd. 60. "Parking lot (area)" - An authorized area not within a building where motor vehicles are stored for the purpose of temporary, daily, or overnight off - street parking. Subd. 61. "Parking structure" - A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. -A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. Subd: 62: "Public utilities, major" - Public utility buildings with more than 500 t osquarefeet floor area, electric sub - stations; or high voltage transmission lines. Subd. 63. "Public utilities, minor" - Public utility buildings with 500 square feet or less of gross floor area; transformer boxes or similar utility features; or low voltage transmission lines. Subd. 64. "Restaurant - Class I" - Full Service Restaurant: restaurants where food and intoxicating beverages are served and consumed by customers while seated at a counter or table, and which may provide entertainment, either live or prerecorded. Subd. 65. "Restaurant - Class U- - Traditional Restaurant: restaurants where food and non - intoxicating beverages are served and consumed while seated at a counter or table; Cafeteria Restaurant: restaurants where food and non - intoxicating beverages are selected by customers while passing through a service line and taken to a table for consumption. p. 505 -8 DRAIr'l- Richfield City Code (Zoning) Purpose and Definitions Subd. 66. "Restaurant - Class III" - Fast Food or Convenience Restaurant: restaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the-- premises, or able to be taken to a table or counter to be consumed; Drive -in Restaurant: restaurants where most customers consume their food on -site in a motor vehicle regardless of how it is served. Subd. 67. "Restaurant - Class IV" - Take Out Only Restaurant: Establishments where food is usually ordered by. telephone and prepared on the premises for consumption bff-the premises, with no seating or other area provided on the premises for consumption. The establishment may deliver food to the customer, or the customer may pick food up. Subd. 68. "Service station" - An establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune -ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds 25 percent of the total building area or 500 square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Subd. 69. "Service station/convenience store" - An establishment where gasoline and other petroleum products are sold, and where the retail sales space exceeds 25 percent of the total building area or 500 square feet of gross floor area. Service station /convenience stores do not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Subd. 70. "Setback" - The minimum horizontal distance required between a building and the related front, side, or rear lot lines. Subd. .71. "Shopping center" - A grouping of retail businesses, service establishments; and /or office uses on a single site with common parking facilities. Subd. 72. "Story" - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there. is no floor above it, then the space between such floor and the ceiling above it. Subd. 73. "Story, half" - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. Subd. 74. "Structure" - Anything erected, the use of which requires more or less permanent location on the ground or attachment to something having permanent location on the ground. p. 505 -9 Richfield City Code (Zoning) Purpose and Definitions DRAFT Subd. 75. "Structural alteration" - Any change, other than incidental repairs, in the supporting members of a building such. as bearing walls, columns, beams, girders, or foundation. Subd. 76. "Use, accessory" - A use associated with, incidental to, and on the same lot as, a principal use. Subd. 77. "Use, conditional" - A use; either public or private, which because of its uhigtie characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case, of the impact of such use upon neighboring land, and of public need for the particular use at the particular location, such use may or may not be approved by the Council. Subd. 78. "Use, permitted" - A principal use which may be lawfully established in a particular district, provided it conforms with all the requirements, regulations and performance standards of such district. Subd. 79. "Use, principal" - The primary purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained. Subd. 80. "Use, prohibited" - A use which shall not be established or conducted within a particular district. Subd. 81. "Variance" - A modification or variation of the literal provisions of this code where it is determined that by reason of special or unusual circumstances related to the individual property under consideration, strict application of the code would cause undue hardship, and granting of a variance would not interfere with the general purpose and intent of this code, nor have an adverse impact on surrounding properties. Subd. 82. "Yard" - A required open space located on the same lot with a building, unoccupied. and unobstructed from the ground up, except for landscaping or other uses as provided by this code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest wall of the principal building. Subd. 83. "Yard, front" - An open space on the same lot with the building extending across the entire width of the lot and situated between the front lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8) p. 505 -10 Figure 8 Rear Lot Line Side Side ' Rear Yard i Lot Line Lot Line i i Side ! 8-M-g Roof ; Side Y aard ! Yard Front Yard Front Lot Line Figure 8 DRAFT" Richfield City Code (Zoning) Purpose and Definitions Subd. 84. "Yard, rear" - A yard extending across the entire width of the lot and situated between the rear lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8, p. 505 -10) Subd. 85. "Yard, side" - A yard lying between the side lot line and the nearest line of the building extending between the front yard and the rear yard, or in the absence of either such front or rear yard, to the front or rear lot lines. (Figure 8, p. 505 -10) Subd. 86. 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