1020.010: - RULES — Corcoran Zoning Code

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses.
C. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive.
D. The masculine gender includes the feminine and neuter genders.
E. Whenever a word or term is defined and appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition.
F. All measured distances expressed in feet shall be in the nearest tenth of a foot.
G. In event of conflicting provisions, the more restrictive provisions shall apply.
H. For terminology not defined in this Ordinance, the City Code, the Minnesota State Building Code, or the Webster's Dictionary shall be used to define such terms.
I. In the event of a conflict between text and graphics, the text shall apply.

1020.020: - DEFINITIONS

ACCESSORY BUILDING: A subordinate building, or a portion of the main building which is located on the same lot or parcel as the main building and the use of which is clearly incidental to that of the main building or to the use of the premises.

ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ACREAGE, GROSS: The total acreage of the land area, based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

ACREAGE, NET: The gross land area minus wetlands and areas below the 100-year ordinary high water elevation. For proposed developments, net acreage is based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

AGRICULTURAL BUILDING: An accessory building located on residential property for the exclusive use of an Agricultural Use. Agricultural buildings shall not be used for storage of personal or business vehicles or materials unrelated to the Agricultural Use. To be classified as an agricultural building for the purposes of the Zoning Ordinance, the building must be located on a minimum of 10 contiguous acres that are used for agricultural purposes.

AGRICULTURAL USE: The production, for sale, of livestock, dairy animals, dairy products, poultry, or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees and apiary products.

ALLEY: A public right-of-way which provides a secondary means of access to abutting property.

BASEMENT: A portion of a building located partly underground but having half or more of its floor to ceiling height below the average grade of the adjoining ground.

BED AND BREAKFAST: A single family dwelling in which four (4) or fewer transient guest rooms are rented on a nightly basis for periods of less than one (1) week and where at least one (1) meal is offered in connection with the provision of sleeping accommodations only.

BOARDINGHOUSE (ROOMING OR LODGING HOUSE): A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed 20 persons.

BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel, or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. For the purpose of this definition, "roof" shall include an awning or other similar coverings, whether or not they are permanent in nature.

BUILDING AREA: The total floor area of the structure.

BUILDING FOOTPRINT: The horizontal area measured within the outside of the exterior walls of the ground floor of the structure.

BUILDING HEIGHT: The vertical distance to be measured from the grade of a building line to the top of 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 upper most point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

BUILDING INSPECTOR OR BUILDING OFFICIAL: Individual so designated and authorized by the Corcoran City Council.

BUILDING LINE: A line within a lot parallel to a public right-of-way, a side or rear lot line, a bluff line, or a high-water mark or line, behind which buildings or structures are placed.

CARPORT: A permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.

CENTRAL WATER AND SEWER SYSTEMS: Utility systems serving a group of buildings, lot or any area of the City, with the design and construction of such utility systems as approved by the City and State of Minnesota.

CHARGING LEVELS: Means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and DC are the most common charging levels, and include the following specifications:

Level 1 is considered slow charging with 120v outlets.
Level 2 is considered medium charging with 240v outlets, charging head and cord hardwired to the circuit.
DC is considered fast or rapid charging. Voltage is greater than 240.

CITY: City of Corcoran, Hennepin County, Minnesota.

CITY CLERK: Individual so designated and authorized by the Corcoran City Council.

CITY COUNCIL: The governing body of the City of Corcoran, Hennepin County, Minnesota.

CITY ENGINEER: Individual or firm so designated and authorized by the Corcoran City Council.

CITY PLANNER: Individual or firm so designated and authorized by the Corcoran City Council.

CIVIC BUILDING: A building that is operated by the U.S. federal government, State of Minnesota, Metropolitan Council, Hennepin County, or City of Corcoran for purposes of carrying out governmental duties. The definition does not include publicly or privately operated school facilities (e.g., classrooms, administrative offices, maintenance buildings).

COLLOCATE or COLLOCATION: To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit.

COMPREHENSIVE PLAN: "Comprehensive Plan" is a compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the municipality and its environs, as defined in the Minnesota Municipal Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

CONDITIONAL USE: A use classified as conditional generally may be appropriate or desirable in a specific zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk, abnormal traffic congestion or environmental disruption.

CONTRACTOR OPERATION: An area and/or building devoted to use by a person who contracts to supply certain materials or to do certain work in the field of building trades.

DAY CARE FACILITY: Any public or private facility licensed by the State of Minnesota, that regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or development guidance on a regular basis for a period less than 24 hours per day. Day Care facilities include, but are not limited to: family day care homes, group family day care homes, day care nurseries, day nurseries, nursery schools, Preschools, Montessori schools, as defined by Minnesota State Statutes, Chapter 245A. Day care facilities are not residential facilities as defined by this Section.

DAY CARE FACILITY, COMMERCIAL: A daycare facility that is operated out of commercial property rather than the private residence of the day care operator.

DAY CARE FACILITY, HOME: A daycare facility that is operated out of the private residence of the day care operator.

DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features attached or functionally related to a principal use or site.

DENSITY, GROSS (PRE-DEVELOPMENT): The number of housing units divided by the gross residential acreage (total land area), based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

DENSITY, NET (POST-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets).

T-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets).

DENSITY, NET (PRE-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus wetlands and areas below the 100-year ordinary high water elevation). For proposed developments, net acreage is based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area.

DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus wetlands, areas below the 100-year ordinary high water elevation and right-of-way or easements for existing public streets.

DRIVE, PRIVATE: Land not dedicated as a public street, over which a public access easement for street purposes has been granted, which intersects or connects with a public street and where an access easement and maintenance agreement has been recorded at Hennepin County. The easement shall allow for access by police, emergency vehicles, trash collection, and other service vehicles.

DRIVE-THROUGH: Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether the service is provided within the building.

DRIVEWAY: A paved or unpaved access strip of land providing a vehicular connector between the public right-of-way of the street or private drive and the parking space or garage of a property.

DWELLING: A building or portion thereof, designated exclusively for residential occupancy, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers.

DWELLING, ATTACHED: A building where a dwelling unit is joined in a horizontal fashion to one or more dwelling units by party wall or walls.

DWELLING, DETACHED: A dwelling unit entirely surrounded by open space.

DWELLING, MULTIPLE FAMILY (APARTMENT): A building designed with 3 or more dwelling units exclusively for occupancy by 3 or more families living independently of each other.

DWELLING, SENIOR (AGE RESTRICTED): Multiple family dwelling designed for and occupied primarily by persons over 55 years of age, and which may include on-site recreational, social or health care services for the benefit of the residents.

DWELLING, SINGLE FAMILY: A building designed for and occupied exclusively by one family.

DWELLING, TOWNHOME: A single-family dwelling unit constructed within a group of more than two attached units in which each unit extends from the foundation to the roof, has direct exterior access, and has open space on at least one side. A townhome is not considered an apartment or multiple-family dwelling.

DWELLING, TWO FAMILY: A building designed for occupancy by 2 families in separate dwelling units.

DWELLING UNIT: A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers.

DWELLING UNIT, ACCESSORY: A separate, self-contained dwelling unit that is clearly incidental and subordinate to the principal use of a lot. The unit must have bathroom facilities and kitchen facilities that include a sink with piped water, a range, and a refrigerator. The unit may take various forms: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled dwelling.

ELECTRIC VEHICLE: A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes.

ELECTRIC VEHICLE CHARGING STATIONS: Means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, waste, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Essential services shall not include waste facilities.

ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of essential services, including but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, lift stations. Essential service structures shall not include transmission/reception antennas.

EVENT CENTER: A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, retreats, parties, weddings, receptions and dances.

EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function, or purpose of the nonconforming use, such as the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city.

EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under Minnesota Statutes, Section 93.44 to 93.51.

FAMILY: An individual or a group of two or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household, and using common cooking and kitchen facilities, exclusive of usual servants.

FLOOD PLAIN RELATED: (Some of the flood plain related terms appear elsewhere in the Zoning Ordinance. The definitions below apply ONLY to Section 1050.030—Flood Plain Overlay District—of the Zoning Ordinance):

BASE FLOOD ELEVATION: The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.

BASEMENT: Means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

CRITICAL FACILITIES: Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

FARM FENCE: A fence as defined by Minn. Stats Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance.

FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

FLOOD FRINGE: That portion of the Special Flood Hazard Area (one percent annual chance flood) outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Corcoran.

FLOOD INSURANCE RATE MAP: An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM.)

FLOOD PRONE AREA: Any land susceptible to being inundated by water from any source (see "Flood").

FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

FLOOD PROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

NEW CONSTRUCTION: Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

PRINCIPAL USE OR STRUCTURE: Means all uses or structures that are not accessory uses or structures.

ONE HUNDRED YEAR FLOODPLAIN: Lands inundated by the "Regional Flood" (see definition).

REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

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 frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.

REGULATORY FLOOD PROTECTION ELEVATION (RFPE): The regulatory flood protection elevation shall be an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

REPETITIVE LOSS: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

SPECIAL FLOOD HAZARD AREA: A term used for flood insurance purposes synonymous with "One Hundred Year Floodplain."

START OF CONSTRUCTION: Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE: Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.

FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, lean-tos, enclosed porches and floor area devoted to accessory uses. However, any space devoted to mechanical equipment, stairwells, elevator shafts, parking or loading shall not be included in floor area for the purposes of parking calculations.

GARAGE, PRIVATE: A detached accessory building or an attached accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families who reside upon the premises and in which no occupation or business for profit is carried on, and enclosed on all four sides and pierced only by windows and customary doors.

GARDEN CENTER: A place of business where retail and wholesale garden products are sold to the retail consumer and may include nurseries and greenhouses. These centers import the majority of the items sold. These centers may also include the sale of handicrafts, nursery products, fertilizer, potting soil, mulch, rock and other garden supplies, including power equipment, such as garden tractors, lawnmowers, farm equipment, etc.

GOVERNING BODY: Corcoran City Council.

GREENHOUSE: A building used for the cultivation or protection of trees, plants, flowers, vegetable and nursery stock for subsequent sale or seasonal enjoyment. Greenhouses include hoop houses and may be permanent or portable.

HOME OCCUPATION: A Home Occupation is any gainful occupation or profession engaged in by the legal resident of a dwelling, at or from the dwelling, or from an accessory building. Home Occupations in this Ordinance are identified as allowed, special (requiring an administrative permit) and conditional home occupations (requiring an interim use permit).

HOTEL: A building which provides a common entrance lobby, halls and stairway and 3 or more guest rooms intended to be used for temporary lodging for compensation, whether with or without meals.

IMPERVIOUS SURFACE: A surface compacted or covered with material so as to be highly resistant to infiltration by runoff. Impervious surface shall include roads; driveways; and parking areas, whether or not paved; sidewalks greater than three feet wide; patios; tennis and basketball courts; swimming pools; covered decks and other structures. Open decks with joints at least ¼ inch wide, areas beneath overhangs less than two feet wide, and sidewalks three feet or less wide shall not constitute impervious surfaces under these rules.

INTERIM USE: An approved temporary use of property until a particular date or until the occurrence of a particular event.

IMPROVEMENT: Making a legal nonconforming use, structure, or lot better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification.

JUNK YARD: An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap, iron and other metals, paper, rags, rubber, ties, and bottles. A junk yard includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.

KENNEL, COMMERCIAL: A structure or premises where dogs are kept or possessed for the business of boarding, breeding, grooming and or training for profit.

KENNEL, HOBBY: A structure or premises that is located in a residential area that is not operated as a business for the sale, breeding, grooming, boarding, or training but rather as a hobby. Wherein the dogs are kept exclusively as personal/family pets.

LANDSCAPING: Alteration of the natural terrain, including the planting of trees, grass, shrubs, and ground cover.

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 of record or survey map, for the purpose of sale or lease or separate use thereof.

LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.

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 135 degrees.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT, FRONTAGE: A lot line abutting the right-of-way of a public street or property/easement of a private street of private drive.

LOT LINE: The property line bounding a lot except that where any portion of a lot extends into an easement for public right-of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance.

LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street or private drive easement, and in the case of a corner lot it shall be the shortest dimension on a public street or private drive easement. If the dimensions of a corner lot are reasonably equal, the front lot line shall be designated by the owner and filed with the City. However, all front lot lines shall be subject to the front setback requirements.

LOT LINE, INTERIOR: A lot line that does not qualify as a lot frontage.

LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: Any lot which is one unit of a plat duly approved and filed, or one unit of an Auditor's Subdivision or a Registered Land Survey that has been recorded in the Office of the Register of Deeds or Registrar of Titles for Hennepin County, Minnesota, prior to the effective date of this Ordinance.

LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance.

LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot measured at the required front lot line or ordinary high water level of the shoreline. For lots on a cul-de-sac, the lot width shall be measured at the required minimum front setback.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

MANUFACTURED HOME PARK: An area which lots are rented for the placement of non-transient occupied manufactured homes.

MINING: The extraction of sand, gravel, rock, soil or other materials from the land in the amount of 301 cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of materials associated with construction of a building provided such removal is an approved item in the building permit.

MODEL HOME: A home which is similar to others in a development and which is temporarily open to public inspection for the purpose of selling.

MODULAR BUILDING: A non-mobile building that is primarily fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the building to the site.

MOTEL: A building or group of detached, semi-detached or attached buildings containing 3 or more guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

MOTOR FUEL STATION: Any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuels. When the use is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Such uses may include convenience food sales and car wash facilities, as accessory uses.

NONCONFORMING BUILDINGS AND STRUCTURES: Structures which at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Zoning Ordinance no longer conform to applicable yard, height, lot coverage or other dimensions or bulk provisions or do not meet other on-site development standards, such as an insufficient number of parking spaces.

NONCONFORMING LOT: A lot of record that was created lawfully based on the access, frontage, area, and other dimensional requirements of the then prevailing Zoning Ordinance, but it no longer meets the minimum requirements after the adoption, revision, or amendment to the requirements of the underlying zoning district.

NONCONFORMING USE: The use of land or structures that, as of the effective date of this Code, or applicable amendment thereto, are used for purposes that are not permitted in the zoning district in which they are located. Uses that were specifically authorized as a conditional or interim use are not considered non-conforming uses even if the use is no longer permitted within that zoning district. Such use will continue to be considered a conditional or interim use.

NURSERY: A place for propagation, cultivation, growth, sale and storage of trees, plants, flowers, vines, fruits, vegetables and similar agricultural products, including materials integral to proper nursery operation, from seed or stock. Nurseries may also provide accessory items for the care and maintenance of nursery products, including fertilizer, potting soil, mulch, rock and other garden supplies, but not including power equipment, such as garden tractors, lawnmowers, farm equipment, etc. "Nursery" may include greenhouses.

OFFICES, PROFESSIONAL OR COMMERCIAL: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OFF-STREET LOADING SPACE: A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of sufficient size to be accessible to and accommodate one vehicle of the type typically used in the particular business.

PERMITTED USE: A public or private use which of itself conforms to the purposes, objectives, requirements, regulations, performances standards of a particular district.

PLACES OF WORSHIP: Any place of worship, including any church, synagogue, temple, mosque, or other building or facility, primarily engaged in religious worship. The term does not include uses, such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories, or other facilities, for temporary or permanent residences, which are connected or related to the worship facility or the principal buildings on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services and/or training.

PLANNED UNIT DEVELOPMENT: A zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this Section, and/or whereby internal site design standard deviations from this Section may be allowed to improve site design and operation.

PLANNING COMMISSION: The Planning Commission of the City of Corcoran except when otherwise designated.

POST-DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets.

PRE-DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus wetlands, areas below the 100-year ordinary high water elevation and right-of-way or easements for existing public streets.

PRINCIPAL BUILDING, STRUCTURE OR USE: One which determines the predominant use as contrasted to accessory building, structure or use.

PUBLIC LAND: Land owned or operated by municipalities, school district, county, state, or other governmental unit.

PUBLIC UTILITY: An essential service (not limited to electric, gas, water, sewer, cable television, and telephone) owned, operated or franchised by city, school district, county, state or other governmental unit.

RECREATION, COMMERCIAL: Includes all uses such as bowling alleys, driving ranges, and movie theaters that are privately owned and/or operated with the intention of earning a profit by providing entertainment for the public.

RECREATION EQUIPMENT: Play apparatus such as swing sets and slides, sandboxes, poles for nets, stands, and similar equipment or structures but not including tree houses, swimming pools, playhouse exceeding 25 square feet of floor area, or sheds utilized for storage of equipment.

RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

RECREATIONAL VEHICLE: A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

REPLACEMENT, RECONSTRUCTION, OR RESTORATION: Construction that exactly matches preexisting conditions.

RESIDENTIAL FACILITY: Any facility licensed by the Minnesota Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with twentyfour (24) hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children.

SEASONAL PRODUCE STAND: A temporary and transient business within the City, selling the products of the farm or garden occupied and cultivated by the operator; where the operator conducts the business in or on a building, structure, vacant lot, motor vehicle trailer, or railroad car, on a site other than the property on which the produce is grown and cultivated.

SETBACK: The minimum horizontal distance between a structure and the nearest lot line, except that if an outlot for a public trail separates such lot line from a street right-of-way, setback shall mean the minimum horizontal distance between a structure and the street right-of-way line. Additionally, within the shoreland districts setback shall mean the minimum horizontal distance between a structure or a sewage treatment system and the ordinary high water level. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. In all cases, distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter. In the case of street easements, the setback shall be the required front setback plus ½ the easement width measured from the centerline.

SEWAGE TREATMENT SYSTEM: On-site means for disposing and treating human and domestic waste such as a septic tank and soil absorption system or other system allowed by State and City regulations; used where authorized by the City when access to the municipal sewer system is not required or feasible.

SEWER SYSTEM: The public utility operated by the City to conduct sanitary wastes to the Metropolitan Council Environmental Services facility for treatment and disposal.

SHORELAND RELATED (Some of the shoreland related terms appear elsewhere in the Zoning Ordinance. The definitions below apply ONLY to Section 1050.020—Shoreland Overlay District—of the Zoning Ordinance):

ACCESSORY STRUCTURE OR FACILITY: Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment.

BLUFF: A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff):

Part or all of the feature is located in a shoreland area.
The slope rises at least 25 feet above the ordinary high water level of the water body.
The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater.
The slope must drain toward the water body.

BLUFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff.

COMMISSIONER: The Commissioner of the Department of Natural Resources.

DWELLING SITE: A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands; it is an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. Commonly, that point where the natural vegetation changes from predominantly aquatic to predominately terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

PUBLIC WATERS: Any waters defined in Minnesota Statutes, Section 103G.005, subdivisions 15 and 15a.

SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

SHORE IMPACT ZONE: The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

SHORELAND: Land located within the following distances from public waters: 1,000 from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources.

SHORELINE BUFFER AREA: An area of vegetated ground cover abutting a shoreline of a lake, stream or wetland that is unmown, undisturbed or re-established to meet the requirements of Section 1050.010 of this Ordinance.

SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places, or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is

presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Ordinance. Where specific information is not available, steep slopes are lands having average slopes over 18 percent, as measured over horizontal distances of 50 feet or more and that are not bluffs.

TOE OF THE BLUFF: The lower point of a 50-foot segment with an average slope exceeding 18 percent.

TOP OF THE BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18 percent.

WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

SOLAR ENERGY SYSTEM RELATED:

Building-Integrated Solar Energy Systems - An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, siding, windows, skylights, awnings or within driveways and sidewalks.

Community Solar Garden - A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with Minn. Stats §216B.1641, as may be amended. A community solar system shall be accessory to a principal use and may be building integrated, roof mounted, or ground mounted.

Grid-Intertie Solar Energy System - A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

Ground Mounted Solar Energy System - a solar energy system that is structurally mounted to the ground, generally upon a pole or rack mount and that is accessory to a principal use. A ground mounted system may be a fixed or tracking system.

Off-Grid Solar Energy System - A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Photovoltaic System - A solar energy system that converts solar energy directly into electricity.

Roof Mounted Solar Energy System - A solar energy system that is structurally mounted to the roof of a principal or accessory building. These systems are generally affixed with a racking system and may be flush or angled. Solar equipment which is mounted to a roof which is not flat, and which is visible from the nearest right-of-way, shall not have a finished pitch more than five percent steeper than the roof.

Solar Collector - A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications:

(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and
(2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.
STORY: That portion of the building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it.

STREET: A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which

provides the principal means of access to abutting property.

STREET VENDOR: Any person who travels from street to street upon public rights-of-way with food, beverages, flowers, balloons or similar items and offers them for sale from a non-motorized mobile type device such as a pushcart or like conveyance.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE: Anything which is built, constructed or erected on the ground or attached to the ground or on-site utilities; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, gazebos, decks, retaining walls, walls, fences, and swimming pools, but excluding patios and similar at-grade improvements, fences less than seven (7) feet in height which do not have the potential to obstruct flood flows, and recreational vehicles that meet the exemption criteria of Section 1050.030 Subd. 9.D. of this ordinance.

SUBDIVISION: Any division or rearrangement of land, except for those separations:

Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and 5 acres or larger in size for commercial and industrial uses;
Creating cemetery lots;
Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.

TAVERN: Any use in which the primary purpose is the sale of alcoholic beverages for on-premises consumption.

TELECOMMUNICATIONS RELATED:

ANTENNA SUPPORT STRUCTURE: A building, athletic field lighting, water tower, or other structure, other than a tower, which can be used for location or telecommunications facilities.

ENGINEER: An engineer licensed by the State of Minnesota.

PERSON: Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

STEALTH: Designed to blend into the surrounding environment; examples of stealth facilities include, without limitation, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to appear other than as a tower, such as light poles, power poles, and trees.

TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure; the term does not include:

A satellite earth station antenna two meters in diameter or less located in an industrial or commercial district.
A satellite earth station antenna one meter or less in diameter, wherever located.

TELECOMMUNICATIONS TOWER OR TOWER: A self-supporting lattice, guyed, or monopole structure constructed from grade that supports telecommunications facilities; the term does not include amateur radio operations equipment licensed by the Federal Communications Commission.

TEMPORARY STRUCTURE: Structure without a foundation that is not permanently erected on a site. Temporary structures shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of the Minnesota State Building Code as necessary to ensure the public health, safety and general welfare.

TOWNHOME: One unit of a single family attached housing facility with the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of a common hallway for entry.

TREE FARM: An agricultural operation limited to the planting, growing and harvesting of trees. Trees may be exported for sale, but no wholesale or retail sales are permitted on site.

URBAN GARDEN: Small-scale gardens located in an urban area that produce food crops.

VARIANCE: A modification or variation of the provisions of this Ordinance where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of the Ordinance would cause practical difficulties, or that strict conformity with the provisions of this Ordinance would be unreasonable, impractical or unfeasible under the circumstances.

WETLAND RELATED (Some of the wetland related terms appear elsewhere in the Zoning Ordinance. The definitions below apply ONLY to Section 1050.010—Wetland Overlay District—of the Zoning Ordinance):

ALTERATION: Human-induced actions that adversely impact the existing condition of a wetland or wetland buffer area, including grading, filling, dredging, dumping, cutting, pruning, topping, clearing native vegetation, and discharging pollutants. Alteration does not include walking, passive recreation, fishing, farming, or planting that enhances native vegetation, or other similar activities allowed under the Minnesota Wetland Conservation Act.

AVERAGE BUFFER WIDTH: The average width of a buffer area within a single development or development phase.

APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land which the provisions of this Chapter are being considered for or reviewed.

BUFFER STRIP OR BUFFER AREA: An area of vegetated ground cover abutting a wetland that is unmown, undisturbed, or re-established to have the characteristics identified in Section 1050.01, Subd. 8 of this Ordinance.

BUILDING SETBACK: The minimum horizontal distance between the building and the property line; or in the case of a shoreland yard, the ordinary high water level; or in the case of a lot containing all or a portion of a wetland, the nearest edge of the wetland buffer area.

COMMUNITY, PLANT: An interacting assemblage of plant populations sharing a given habitat.

FILLING (FLOODPLAIN, SHORELAND, WETLAND RELATED): The act of depositing any rock, soil, gravel, sand or other material so as to fill a water body, watercourse, or wetland.

FUNCTIONAL VALUE: A number value from 0.1 to 1.0 that is assigned to a wetland to indicate its value for stormwater management, vegetation diversity, habitat value, recreational and aesthetic values as determined by the Minnesota Rapid Assessment Methodology (MnRAM).

NATIVE GRASSES: Those species of perennial grasses that are native to the local region, and were not introduced as a result of European settlement or subsequent human introduction.

NATIVE PLANT SPECIES: The pre-European settlement group of plant species that is native to the local region, and were not introduced as a result of European settlement or subsequent human introduction.

WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where the water table is usually at or near the surface, or the land is covered by shallow water. Consistent with the Wetland Conservation Act (WCA), wetlands are to be identified and delineated using the methodology set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1987, or it most recent revision). For purposes of this definition, wetlands have three of the following attributes:

A predominance of hydric soils.
Inundation or saturation by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
Under normal circumstances support a prevalence of such vegetation.

This definition does not include wetlands created from uplands either: (1) for storm water storage and management purposes, or (2) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity.

WETLAND EDGE: The line delineating the outer edge of a wetland. This line shall be established by using the 1987 Corps of Engineers (COE) Wetlands Delineation Manual, or its most recent version.

WETLAND FUNCTIONS: The natural processes performed by wetlands, including providing wildlife and fishery habitat, facilitating food chain production, providing habitat for nesting, rearing, and resting sites for animal species, maintaining the availability and quality of water, purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and storm water flows, improving storm water quality, providing aesthetic benefits, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations at CFR Section 320.4 (b)(2)(1988).

WETLANDS, HIGH QUALITY: These wetlands exist in a largely unaltered state and have special or unusual qualities that call for a high level of protection. These wetlands may provide habitat for rare, threatened and/or endangered plant and animal species; and are ranked High in Wetland Functional Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

WETLANDS, MEDIUM QUALITY: These wetlands have experienced some alteration, and are ranked Medium in Wetland Function Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

WETLANDS, LOW QUALITY: These wetlands have usually been substantially altered by human activities, and ranked Low in Wetland Function Level for most categories (Floral Diversity/Integrity, Flood/Stormwater Attenuation, Water Quality Protection, Wildlife and/or Fishery Habitat, Aesthetics/Recreation) when evaluated using the Minnesota Rapid Assessment Method for Evaluating Wetland Functions.

YARD: An area on a lot between the lot line and the nearest principal structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Ordinance.

YARD, FRONT: An area extending the full width of a lot between the front lot line and the nearest principal structure.

YARD, REAR: An area extending the full width of a lot between the rear lot line and the nearest principal structure.

SIDE YARD: An area extending the depth of a lot from the front yard to the rear yard between the side lot line and the nearest principal structure.

ZONING ADMINISTRATOR: Individual or firm so designated and authorized by the Corcoran City Council.

ZONING DISTRICT: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform.

ZONING DISTRICT AMENDMENTS: A change authorized by the governing body either in the allowed use within a district or in the boundaries of a district.

(Ord. 279 passed 11-25-13. Ord. 310, passed 10-08-15, Ord. 328, passed 08-25-16, Ord. 332, passed 08-2516, Ord. 355, passed 09-28-17, Ord. 374, passed 08-23-18, Ord. 376 passed 08-23-18, Ord. 389, passed 0228-19, Ord. 442, passed 11-22-21, Ord. 445, passed 12-22-21, Ord. 459, passed 05-26-22, Ord. 465, passed 09-22-22, Ord. 510, passed 10-26-23)

SECTION 1030: - GENERAL REQUIREMENTS

1030.010: - NON-CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS

Subd. 1. General Standards of Applicability.

A. Authority to Continue

Any use, structure, or lot that existed as a lawful nonconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Code, remains illegal if it does not conform with each and every requirement of this Code.

B. Burden on Property Owner to Establish Legality

In all cases, the burden of establishing the legality of a nonconformity under the provisions of

this Ordinance is upon the property owner of the nonconforming use, structure, or lot.

C. Safety Regulations

The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to, all building, fire, and health codes, apply to nonconforming structures.

Subd. 2. Nonconforming Use.

A. Ordinary Repairs and Maintenance

Normal repair, replacement, restoration, maintenance, or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use.

B. Structural Alterations

Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use. In addition, the following exceptions apply:

When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety.
When the alteration is for the purpose of bringing the use into conformity.

C. Expansion of Use

A nonconforming use of land or a structure may not be expanded, enlarged, or intensified, as defined in Section 1020.020. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited.

D. Changes to Nonconforming Uses:
1. A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of the Zoning Ordinance is deemed an abandonment of the previously existing lawful nonconforming use.
2. When a nonconforming use of land or a structure has been changed, in whole or in part, to a conforming use, the whole or part which has been made to conform may not be changed back to a nonconforming use.
3. A nonconforming use of land or a structure may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
E. Discontinuation or Abandonment

If a nonconforming use or occupancy is discontinued for a continuous period of one (1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, uncontrollable events, or other acts without any contributing fault by the user, must not be included in calculating the length of discontinuance for this section.

F. Damage or Destruction
1. If a structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or less of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. If a building permit is not obtained within one (1) year, then the nonconforming use cannot be continued.
2. If a nonconforming structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value at that time and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section to mitigate any newly created impact on adjacent property.

Subd. 3. Nonconforming Buildings and Structures.

A. Proposed Structure

Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not

abandoned for a period of more than one hundred twenty (120) days, and continues to

completion within two (2) years. The structure shall thereafter be a legal nonconforming structure.

B. Ordinary Repairs and Maintenance

Normal repair, replacement, restoration, maintenance, or improvement may be performed on any legal nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity, increase the degree or intensity of any previously existing nonconformity, or increase the bulk or density of the structure in any manner.

C. Structural Alterations

Structural alterations to a legal nonconforming building or structure may be made through the building permit process provided:

The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this section; and
The alterations do not increase the building occupancy capacity or parking demand; and
The alterations do not increase the degree of the nonconforming conditions of the building, site, or the use.

D. Expansion of Legal Nonconforming Buildings or Structures
1. Administrative Approvals

The Zoning Administrator may approve the following expansions of legal nonconforming buildings and structures after a determination that the building expansion will have no external negative impacts upon adjacent properties or public rights-of-way, and subject to the provision of Corcoran City Code Section 1070.060, Subd. 3.:

a. Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of the Zoning Ordinance, unless otherwise provided herein.
- i. The expansion of buildings found to be nonconforming only by reason of yard setback may be permitted provided the proposed expansion is no closer to the affected property line than the existing building.
- ii. The expansion of buildings found to be nonconforming only by reason of height may be permitted provided the proposed expansion does not exceed the height of the existing building.

Conditional Use Permit

Legal, nonconforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided:

a. The expansions will not increase the nonconformity of the building or site; and
b. The new building expansion will conform to all the applicable performance standards of the Zoning Ordinance. A conditional use permit shall not be issued under this Section for a deviation from other requirements of the Zoning Ordinance unless variances are also approved; and
c. The request for conditional use permit shall be evaluated based on standards and criteria set forth in Corcoran City Code Section 1070.020, Subd. 3.
E. Relocation

A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot or parcel unless brought into full compliance with the Zoning Ordinance. A nonconforming structure may be relocated to another lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated.

F. Damage or Destruction
1. If a nonconforming building or structure is damaged or destroyed to the extent of less than fifty percent (50%) of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit.
2. If a nonconforming structure is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within onehundred eighty (180) days of when the property isdamaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property.

Subd. 4. Nonconforming Lots.

A. Vacant or Redeveloped Lots
1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Code shall be deemed a buildable lot provided:

The lot has frontage on a public right-of-way, or is governed by a valid driveway agreement; and

  - b. The lot has access to municipal sewer and water if located within the municipal urban service boundary, or otherwise has an approved well and an approved on-site septic system or is able to provide a well and on-site septic system in compliance with all City and State requirements; and 

  - c. The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the City's Comprehensive Plan and Zoning Ordinance; and 

  - d. The lot, if located within the Rural Residential or Urban Reserve districts, has a development right.

The owner must apply for and receive a valid driveway permit from the Public Works director for access to any public street, including new, modified, or relocated driveways, prior to construction.

B. Developed Lots

An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of the Zoning Ordinance.

C. Shoreland Overlay District

Nonconforming shoreland lots of record may be allowed as a building site without variances from lot size requirements, subject to the following provisions consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time:
- a. All structure and septic system setback distance requirements can be met; and
- b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a publicnsewer; and
- c. The impervious surface coverage does not exceed twenty-five percent (25%) of the lot.
1. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time:
  - a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; and
  - b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080; and
- c. Impervious surface coverage must not exceed twenty-five percent (25%) of each lot; and
- d. Development of the lot is consistent with the 2040 Comprehensive Plan.
A lot unable to meet the requirements of paragraph (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.
Notwithstanding paragraph (2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer.
In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforming lot of record, the property owner shall be required, when appropriate, to address storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.
A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

Subd. 5. Exceptions to Nonconformity Regulations.

A. The City shall regulate the repair, replacement, maintenance, improvement of nonconforming uses, buildings, and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and to avoid an increase in flood damage potential or increase the degree of obstruction to flood flows in the floodway.
B. The nonconformity provisions of this Ordinance do not prohibit the City from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters, or similar adult use businesses). The City may enact, amend, or enforce and ordinance providing for the elimination or termination of adult uses by amortization, even if such use was lawful at the time of its inception.

(Ord. 493, passed 06-22-23)

1030.020: - ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT

Subd. 1. Permits Required.

A. A building permit is required for all accessory buildings, except:

Agricultural buildings as defined by this Chapter. These buildings shall not require a building permit, but shall be required to obtain a Certificate of Compliance from the City prior to beginning construction and shall comply with all other zoning Ordinance standards and permit requirements.
Accessory structures less than 200 square feet in area. These buildings shall be required to meet all setback requirements.

Subd. 2. Time of Construction. No accessory building shall be constructed or developed on a lot prior to the construction of the principal building, except for agricultural buildings as defined by this Ordinance and allowed by this Section.

Subd. 3. Location.

A. Except in the UR and RR districts, no accessory building, structure, or use shall be allowed within a front yard.
B. Detached accessory structures shall have a minimum building separation of 10 feet from the principal building.
C. Accessory structures located on through lots may be located between the rear of the principal building and the public right-of-way.
D. Recreation equipment such as play apparatus, swing sets and slides, sandboxes, tree houses, above or in-ground swimming pools, hot tubs, play houses, etc. shall comply with the minimum accessory structure setbacks.
E. Setbacks
1. Setbacks for accessory buildings in the UR and RR district shall comply with the following:
  - a. Front - same as underlying zoning district
  - b. Side - 20 feet
  - c. Rear - 15 feet
  - d. Agricultural uses shall be a minimum of 100 feet from all property lines, unless the agricultural use is an animal shelter and said shelter is no more than one-half the total allowable square footage as set forth in Subd. 4(E) of this Section, in which case said shelter may be set back a minimum of 25 feet from the property line and 75 feet from neighboring residences.
2. Setbacks for accessory buildings in the urban residential zoning districts shall comply with the following:
  - a. Front - no accessory building shall be located in the front yard
  - b. Side - 10 feet
  - c. Rear - 10 feet

Setbacks for accessory buildings in the non-residential zoning districts shall comply with the following:
- a. Front - no accessory building shall be located in the front yard
- b. Side - 10 feet
- c. Rear - 10 feet
- d. Adjacent to residential - accessory buildings shall comply with the minimum setback requirements for principal structures in the district.

Subd. 4. Size.

A. Attached garages with a footprint of less than 1,000 square feet shall not be considered as part of the maximum footprint for purposes of the detached accessory structure calculations. However, attached accessory space in excess of the initial 1,000 square feet shall be counted towards the maximum allowable detached accessory building footprint.
B. The footprint of above grade or below grade swimming pools and 1 accessory structure of less than 200 square feet shall not be included in the calculation of maximum allowable area of accessory structures.
C. A maximum of one fish house shall be permitted to be stored on a property and shall meet all accessory structure setback requirements. Such structures 200 square feet in area or greater shall be counted toward the allowed detached accessory area.
D. Except in the UR and RR districts, a conditional use permit is required for construction of more than one detached accessory building with a footprint in excess of 200 square feet.
E. The maximum allowable total or accumulated footprint (total footprint of all accessory structures) for detached accessory buildings in the Urban Reserve and Rural Residential districts shall be as follows:

Acres	0	0.1	0.2	0.3	0.4	0.5	0.6	0.7	0.8	0.9
<1	1,250 or 25 percent of the area of				the rear	yard, whichever is less.
1	1,250	1,275	1,300	1,325	1,350	1,375	1,400	1,425	1,450	1,475
2	1,500	1,531	1,563	1,594	1,625	1,656	1,688	1,719	1,750	1,781
3	1,813	1,844	1,875	1,906	1,938	1,969	2,000	2,031	2,063	2,094
4	2,125	2,156	2,188	2,219	2,250	2,281	2,313	2,344	2,375	2,406

5	2,438	2,469	2,500	2,531	2,563	2,594	2,625	2,656	2,688	2,719
6	2,750	2,781	2,813	2,844	2,875	2,906	2,938	2,969	3,000	3,031
7	3,063	3,094	3,125	3,156	3,188	3,219	3,250	3,281	3,313	3,344
8	3,375	3,406	3,438	3,469	3,500	3,531	3,563	3,594	3,625	3,656
9	3,688	3,719	3,750	3,781	3,813	3,844	3,875	3,906	3,938	3,969
10+	3,969	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP

F. In the non-residential and urban residential districts, the maximum size of accessory buildings shall not exceed 1,000 square feet or 25 percent of the area of the rear yard, whichever is less.
G. Non-agriculture accessory buildings that would result in more than the 3,969 square feet allowed by this Section shall only be permitted on parcels located in the UR or RR district and 10 acres or more in size with a conditional use permit and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.

A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.
1. Applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance.
2. The building materials standards required by this Section have been met.

H. Agricultural buildings that would result in more than the 3,969 square allowed by this Section shall only be permitted on parcels 10 acres or more in size with a Certificate of Compliance from the City and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.
3. The building materials standards required by this Section have been met.
4. The agricultural building is used for agricultural purposes only.
I. Agricultural buildings in excess of the size limitations allowed by Subd. 4 (E) of this Section shall be allowed by conditional use permit on parcels that are located in the UR or RR district and are less than 10 acres in size, but are adjacent to actively farmed land under the same ownership or ownership by the landowner in a recognized legal relationship, shall be allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.
3. The building materials standards required by this Section have been met.
4. The applicant provides proof of ownership as required above.
5. The agricultural building is used for agricultural purposes only.
J. Agricultural buildings shall be allowed as a principal use by conditional use permit on parcels that are actively farmed, are located in the UR or RR district and are located adjacent to the farmstead under the same ownership or ownership by the landowner in a recognized legal relationship, shall be allowed subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.
3. The building materials standards required by this Section have been met.
4. The applicant provides proof of ownership as required above.
5. The agricultural building is used for agricultural purposes only.

Subd. 5. Building Height.

A. Sidewall height shall be measured from the base of the structure to the bottom of the eave on the exterior sidewalls.
B. All accessory structures shall be constructed with eaves and overhangs that are a minimum of 12 inches in length.

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C. The maximum sidewall height of an accessory building constructed in the front or side yard is 10 feet and a maximum sidewall height of an accessory building constructed in the rear yard is 13 feet, 6 inches, except:
1. Multi-story accessory building may be allowed by administrative permit to exceed these height limits, provided the structure does not exceed the height of the principal structure. All multi-story accessory buildings shall include a minimum of two different building materials and building articulation to add architectural interest to the building elevations.
2. Agricultural buildings may be allowed by Certificate of Compliance to exceed these height limits, provided the structure does not exceed the building height limitations of the zoning district in which it is located.
3. Accessory buildings with accessory dwelling units may exceed these height limits when approved as part of the applicable review process for the accessory dwelling unit provided all other performance standards for accessory buildings are met.
D. Any building that does not meet the standards above may only be permitted to exceed the allowable building height with a conditional use permit and subject to the following criteria:
1. The proposed use shall be in conformance with all City regulations.
2. A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.
3. Applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance.
4. The building materials standards required by this Section have been met.
5. The proposed building will be compatible with surrounding land uses.

Subd. 6. Architectural Standards.

A. Accessory buildings on parcels 2 acres or smaller must comply with the building material standards in Section 1060.050, Subd. 1(B) of the Zoning Ordinance.

Building materials must comply with performance standards in Section 1060.050, Subd. 1(D) of the Zoning Ordinance.

C. Accessory buildings constructed primarily of canvas, plastic, or other similar non-permanent building materials shall be prohibited. All accessory buildings must meet Minnesota State Building Code requirements.

(Ord. 348, passed 05-25-17, Ord. 427, passed 08-26-21, Ord. 442, passed 11-22-21, Ord. 508, passed 10-2623, Ord. 510, passed 10-26-23)