§ 152.003. DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABUTTING. Making contact with or separated only by public thoroughfare, railroad, public utility, right-of-way or navigable waters.

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.

ADDITION. A physical enlargement of an existing structure.

AGRICULTURE. The tilling of the soil, the raising of crops, forestry, horticulture, and gardening, the keeping or raising of domestic animals and fowl and including all activities and accessory uses incidental thereto. AGRICULTURE shall not include the raising and feeding of hogs by feeding garbage thereto, the raising of fur bearing animals, nor the operation of riding academies, commercial stables or kennels.

ALLEY. A public right-of-way which affords a secondary means of access to abutting property not to exceed 30 feet in width at its intersection with a street.

ALTERATION. Any change in the size, shape, character or use of a building or structure.

ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, hydronic furnace, wind or solar energy system.

ANIMAL UNIT. The equivalent weight or size relationship between animals, as established by the State of Minnesota.

ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennae, such as panels, microwave dishes, and satellite dishes, and omni-directional antennae, such as whip antennae.

APARTMENT. A room or suite of rooms in a one- or two-family structure or a multiple dwelling structure which is arranged, designed, used or intended to be used as a dwelling unit for a single family or individual.

APARTMENT BUILDING. A multiple family dwelling originally designed and constructed to accommodate three or more apartments, designed with more than one single- or two-family dwellings converted for multiple-family use or attached row dwelling (party wall type) as defined herein.

AUTOMOBILE RECYCLING BUSINESS. Any open area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, kept, stored or handled, including but not limited to scrap metals or scrap materials, or the abandonment or dismantling of machinery, motor vehicles, or other vehicles, or parts thereof.

AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service.

AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to motor vehicles but not including any operation specified under “automobile repair shop, major.”

AUTOMOBILE REPAIR SHOP. Any structure or building where major or minor repair of motor vehicles is conducted for profit.

AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries, or minor accessories; minor automobile repairs; and greasing or washing of individual automobiles. AUTOMOBILE SERVICE STATIONS shall not include the sale or storage of junkers as defined herein; shall not include premises offering major automobile repairs, automobile wrecking, automobile sale, or detached car washes.

BASEMENT. 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.

BILLBOARD. An advertising sign, which directs attention to a business, commodity, service or entertainment not exclusively, related to premises where such sign is located or to which it is affixed.

BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of the corporate limits of the city.

BOARD OF APPEALS AND ADJUSTMENTS. The City Council of the City of Mayer.

BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.

BROADCASTING ANTENNA, RADIO AND TELEVISION. Commercial or public broadcasting towers over 200 feet in height or more than one tower in each installation of any height or accessory use non-commercial towers of any height if not located on the same lot or parcel as the principal use.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum setbacks and open space requirements of this chapter are met.

BUILDING. A structure built for the support, shelter or enclosure of persons, animals or personal property of any kind and which is permanently affixed to the land, and which provides permanent protection from the elements. When such a building is divided by party, walls without openings, each portion of that building so separated will be called a SEPARATE BUILDING.

BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

BUILDING, DETACHED ACCESSORY. A building surrounded by open space on the same lot as the principal building, clearly subordinate and incidental to the principal use.

BUILDING HEIGHT. The vertical distance measured from curb level or its equivalent, to the highest point of the roof surface on a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gamble roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building, provided its setback from the street line is not less than the height of the finished grade above the established curb level.

BUILDING INSPECTOR. The building inspector provided for in the Building Code.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A 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 including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

BUILDING, NONCONFORMING. Any building or structure which does not comply with all the regulations of this chapter or any amendment thereto governing the zoning district in which such building or structure is located.

BUILDING LINE. An imaginary line separating buildable area and required yards.

BUILDING, PRINCIPAL. A non-accessory building in which the primary use of the lot on which it is located is conducted.

CELLAR. That portion of the building having more than one-half of the floor to ceiling height below the average level of the adjoining grade.

CHURCH. A building, together with its accessory buildings for public worship as the principal use and where the buildings and uses are maintained and controlled by an organized group for public worship.

CITY/COMMUNITY. The City of Mayer, Minnesota.

CLEARCUTTING. The complete (as opposed to selective) removal of vegetation within an area.

CLINIC, MEDICAL. A building in which a group of physicians, dentists or combination thereof and professional assistants are associated for carrying on their profession. The clinic may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.

CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

CLUSTER DEVELOPMENT. A grouping of buildings that occupy less space than conventionally required, while maintaining allowable density and creating additional open space or other public benefit.

COMMERCE, RETAIL SERVICE. An enterprise that involves the offering of a service or entertainment to the general public for compensation.

COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services.

COMMISSION. The Planning Commission of the City of Mayer.

COMMERCE, RETAIL TRADE. An enterprise that involves the offering of a product to the general public for compensation.

COMMUNITY SOLAR ENERGY SYSTEM. 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.

CONDITIONAL USE. (See USE, CONDITIONAL.)

CONDOMINIUM. A form of ownership within a multi-tenant structure which entails joint ownership and responsibility for maintenance and repairs of common areas in addition to individual ownership of specified private areas.

COUNCIL. The City Council of the City of Mayer.

DAYCARE FACILITY. A state licensed facility for the care of children, as defined in M.S. Chapter 462, in a Single-Family District, or a state licensed facility serving 16 or fewer children in a Multi-Family District.

DECK. An exterior, unenclosed above grade floor system with independent supports attached to a principal building intended for outdoor living space.

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.

DISTRICT, ZONING. A portion of the city within which regulations and requirements govern the use of land and buildings.

DUPLEX. A residential structure containing two dwelling units only completely surrounded by open space.

DWELLING. A building or portion thereof designed or used exclusively for residential occupancy including one-family, two-family, and multiple family dwelling units with kitchens and bathrooms, but not including hotels, motels, boarding or rooming houses, recreational vehicles, tents or cabins.

DWELLING, ATTACHED. A dwelling that is attached to another at one or more sides by a common wall.

DWELLING, DETACHED. A dwelling which is completely surrounded by open space on the same lot.

DWELLING, SINGLE FAMILY. A dwelling designed for occupancy by one family.

DWELLING, MULTIPLE-FAMILY. A single structure specifically constructed and designed for and containing more than two dwelling units.

EFFICIENCY UNIT. A dwelling unit with one primary room which doubles as a living room, dining room and bedroom.

EROSION. The wearing away of the land surface by the action of natural elements.

ESSENTIAL SERVICES. Public and private utility distribution systems required to serve the resident and working population.

FAMILY. One or more persons related by blood, marriage, or adoption including foster children or a group of not more than five persons not so related, maintaining a common household in a dwelling unit.

FEEDLOT, AGRICULTURAL. An enclosure for the purpose of feeding, breeding, raising or holding poultry or livestock, not an accessory use incidental to an agricultural operation.

FENCE. A structure providing enclosure but not necessarily protection against the elements.

FENCE, SOLID. A fence that provides a visual barrier between adjacent property and the area enclosed.

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 (1% annual chance flood) located outside of the floodway. FLOOD FRINGE is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Carver County, Minnesota.

FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties, structures, water and sanitary facilities and contents of structures primarily for the reduction or elimination of damages.

FLOODPLAIN. The channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within the City of Mayer shall encompass all areas designated as Zone A on the Flood Insurance Rate Map (FIRM).

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

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings on a zoning lot measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, FLOOR AREA will include:

(1) Basement space (see “basement” defined herein);

(2) Attic floor space where the structural headroom exceeds seven and one-half feet;

(3) Interior balconies and mezzanines;

(4) Enclosed porches, but not terraces and breezeways;

(5) Stairwells at each level;

(6) Accessory structures.

FLOOR AREA, LIVABLE. The same area as defined in “floor area,” excluding all areas occupied by basements, garages, porches, attics, stairways and storage, utility and heating rooms and other accessory uses.

FLOOR AREA RATIO (F.A.R.). The floor area of the building or buildings on a zoning lot divided by the area of the zoning lot, or in the case of planned development, by the net site area. The F.A.R. requirements, as set forth in each zoning district, shall determine the maximum floor area allowable (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

GARAGE. A detached accessory building or portion of the principal building (attached), including a carport, which is used primarily for storing passenger vehicles and/or recreational vehicles.

GARAGE SALE. An infrequent display of used goods and sale of the goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the property.

GEOTHERMAL ENERGY. Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes.

GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GREENHOUSE. A structure used for the cultivation or protection of flowers, vegetables and nursery stock.

GROUND MOUNTED SES. Freestanding solar energy system (panels) that are mounted to the ground by use of stabilizers or similar apparatus.

GROUND SOURCE HEAT PUMP SYSTEM (GSHPS). A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site.

HEAT TRANSFER FLUID. A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.

HOME OCCUPATION. A gainful occupation conducted in a residential building which is clearly secondary and incidental to the principal residential use of the building and generates no appreciable increase in traffic in the district. A HOME OCCUPATION shall be carried on only by the dwelling’s occupants. Retail sales and storage of stock shall be limited and incidental to the principal HOME OCCUPATION.

HORIZONTAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.

HOSPITAL. An institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.

HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests, and which no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made independently from one another.

IMPERVIOUS SURFACE. An artificial or natural surface that is highly resistant to infiltration by water. It includes, but is not limited to surfaces such as compacted sand, clay or gravel as well as most conventionally surfaced streets, roofs, swimming pools, sidewalks in excess of three feet in width, parking lots, and other similar structures, but not including decks or platforms where one-quarter inch gaps are provided between deck boards for water to drain.

INDUSTRY. An enterprise which involves the manufacture, production, processing or storage of materials, goods or products.

INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit.

KENNEL. Any structure or premises on which three or more dogs over four months of age are kept for sale, breeding, profit, and the like.

LANDSCAPING. Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

LOADING SPACE. That portion of a lot designed to serve the purpose of loading and/or unloading all types of vehicles.

LOT. A parcel of land having a legal description and generally intended for occupancy by a single use.

LOT AREA. The area of a horizontal plane within the front, side, and rear lot lines.

LOT, CORNER. A lot situated at the intersection of two or more public streets. On such a lot both yards fronting a street shall be deemed front yards.

LOT COVERAGE. The area of a lot occupied by the principal building or buildings, accessory structures, driveways, sidewalks, off-street parking areas, parking pads and other impervious surface areas.

LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).

LOT, INTERIOR. A lot other than a corner lot, including through lots.

LOT LINE. The property line bounding a lot except that where any portion of a lot extends into the public right-of-way the LOT LINE is deemed to be the public right-of-way line for applying this chapter.

LOT LINE, FRONT. That boundary of a lot abutting a street. On a corner lot, from which street access is gained that lot line will be the front lot line.

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

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

LOT OF RECORD. A lot which is part of a subdivision or plat, an auditor’s subdivision or a registered land survey or a parcel of land not so platted, which has been approved by the city or meets the following conditions:

(1) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations pursuant to a home rule charter;

(2) Was the subject of a written agreement to convey entered into prior to such time;

(3) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1,

(4) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980.

(5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width;

(6) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.

LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel public streets. On such a lot both yards fronting a street shall be deemed front yards and front lot lines. Also defined as a “double frontage lot”.

LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at right angles to the lot depth at the minimum front building setback line.

MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for short term use by transient automobile tourists.

MOTOR VEHICLE. A self-propelled vehicle for personal or business use defined in M.S.§ 169.011.

NURSING, CONVALESCENT AND RETIREMENT HOMES. A home for aged, chronically ill, or convalescent persons in which two or more persons not of the immediate family are received, kept or provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

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

OPEN LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into a injection well.

OPEN SPACE. Any unoccupied land area.

OUTDOOR HYDRONIC FURNACE. A freestanding accessory structure housing a wood or other approved solid fuel burning furnace, with a smoke stack, used to provide heat or hot water to a building, or accessory structure, designed to:

(1) Burn wood or other approved solid fuels;

(2) That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans; and

(3) Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. This includes, without limitation, any structure, equipment, device, or apparatus, or any part thereof, which is installed, affixed, constructed or located outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, to produce heat or energy used as a component of a heating system.

OUTDOOR WOOD BOILER. See OUTDOOR HYDRONIC FURNACE.

PARKING LOT. A structure utilized for the temporary storage of motor vehicles.

PARKING PAD. A pad used for parking vehicles not considered part of the driveway, which shall be constructed of appropriate surface materials depending on location.

PARKING SPACE. A suitable surfaced and permanently maintained area off the public street right-of-way, either within or outside of a building, of sufficient size to store one standard motor vehicle, which has access to a public street or alley, permitting satisfactory ingress or egress of a motor vehicle, but in no event less than 180 square feet, exclusive of passageways, driveways or other means of circulation.

PARTY WALL. A common wall which divides a structure into two or more buildings.

PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transferring it to another form of energy or transferring the energy via a heat exchanger.

PERFORMANCE STANDARDS. Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare or heat, or other potential impacts generated by or inherent in uses of land and buildings.

PERSON. Any individual, firm, partnership, corporation, company, association, joint stock association, or political body; and includes any trustee, receiver, assignee or other similar representative.

PERVIOUS SURFACE. A surface that water can infiltrate into or percolate through.

PHOTVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.

PLANNED UNIT DEVELOPMENT. A development consisting of clustering or mixed uses in which variations from conventional zoning standards may be permitted in exchange for the protection of natural areas; creation of additional parks, park facilities and pedestrian ways; and similar public benefits.

PLANNING COMMISSION. The Planning Commission of the City of Mayer.

PORCH. An architectural feature relating to a floor-like platform structure attached to the front or back entrance of a residence. It is external to the walls of the main building proper, but may be enclosed by screen, latticework, broad windows, or other light frame walls extending from the main structure.

PROPERTY LINES. The lines bounding a described parcel of land or lot as defined herein.

RECREATIONAL VEHICLE AND EQUIPMENT. Any type of operable and licensed vehicle as required by the state, either self-powered or drawn by another vehicle that is used primarily for purposes of recreation or transportation of recreational vehicles, equipment, and the like. 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, including but not limited to campers, motor homes, travel trailers, slide in campers, airplanes, converted buses, snowmobiles and trailers, camper trailers, motorcycle trailers, snowmobile trailers, horse trailers, boats/watercraft and trailers, fish house, all terrain vehicles, and the like. A fish house boat, snowmobile, or other RECREATIONAL VEHICLE when stored or kept on a trailer shall be considered as one RECREATIONAL VEHICLE. For purposes of this chapter, the term RECREATIONAL VEHICLE is synonymous with the term “travel trailer/travel vehicle.”

REGIONAL FLOOD (100-YEAR 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 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). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

RESIDENTIAL FACILITY. A state licensed residential facility, defined by M.S. Chapter 462, serving six or fewer persons, in a single-family residential district and no more than 16 persons in a multiple family residential district.

ROOF OR BUILDING MOUNTED SES. A solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus.

ROOF PITCH. The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12 or 12/12.

ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades on a (WECS).

SETBACK. The minimum horizontal distance between a structure and lot line, ordinary high water mark, or right-of-way easement. Distances are to be measured from the most outwardly extended portion of the structure at ground level.

SEXUALLY ORIENTED USES. (See definitions in § 114.02.)

SHORELAND. Land located within the following distances from public waters: 1,000 feet 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 as 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 which extend landward from the waters for lesser distance and when approved by the Commissioner of the Department of Natural Resources.

SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business.

SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. standard time on any day of the year.

SOLAR COLLECTOR. A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, mechanical, chemical or electrical energy.

SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM (SES). A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection of storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating.

SOLAR FARM. A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A SOLAR FARM is the primary land use for the parcel on which it is located.

SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or ground.

SOLAR SKYSPACE. The space between a solar energy collector and the sun, which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.

SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limited activities or land uses that interfere with access to solar energy. The solar skyspace must be described as the three dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.

SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity for later use.

STORMWATER POND. These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands.

STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it.

STREET, ARTERIAL. A street which provides for traffic movement to and from municipalities and the surrounding areas, to and from freeways/expressways and collector streets, and between major parts of an urban area. Intersections are at grade and direct access to abutting property should be avoided.

STREET, COLLECTOR. A street which collects and distributes the internal traffic within an area of a community such as a residential neighborhood or industrial district, and between arterial and local streets. It provides some access to abutting property.

STREET, LOCAL. A street of little or no continuity designed to provide access to abutting property and ideally leading into collector streets.

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 constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, decks, manufactured homes, recreational vehicles not meeting the exemption criteria specified in this chapter and other similar items.

STRUCTURE HEIGHT. A distance to be measured from the mean ground level to the top of the structure.

SURFACE, IMPROVED.A surface that is either concrete, asphalt, or made of pavers.

SURFACE, SEMI-IMPROVED. A surface that is gravel, class five gravel, crushed rock, or made of similar composite.

SURFACE, UNIMPROVED. A surface that is grass, compacted earth, or naturally occurring.

TOWER. Any ground- or roof-mounted pole, spire, structure, or combination thereof taller than 50 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

TOWNHOUSE. A building designed for attached dwellings and includes private and common areas which are regulated and maintained according to homeowner association documentation.

TRAVEL TRAILER. A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation and vacation uses.

USABLE OPEN SPACE. That required portion of a lot at ground level, which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to an useable by all persons occupying a dwelling unit or rooming unit on the lot or a development project, and their guests. This space of minimum prescribed dimensions shall not be devoted to service driveways or off-street parking space and or loading berths but shall be usable for greenery, recreational space and other leisure activities normally carried on outdoors.

USE. The purpose or activity for which the land or buildings thereon are designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

USE, ACCESSORY. A use subordinate to the principal use or building on the same lot and customarily incidental thereto as well as detached therefrom.

USE, CONDITIONAL.

(1) A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in this chapter’s official zoning controls or building regulations and upon a finding that:

(a) Certain conditions as detailed in this chapter exist; and

(b) The structure and/or land use conform to the Comprehensive Land Use Plan if one exists and are compatible with the existing neighborhood.

(2) After due consideration in each case of the impact of such use upon neighboring land, and the public need for the particular use at the particular location, such CONDITIONAL USE may or may not be granted.

USE, INCOMPATIBLE. A use which is incapable of direct association with certain other uses because it is contradictory, incongruent or discordant.

USE, NONCONFORMING. Any use of land, buildings or structures lawfully existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.

USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such district or districts.

USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.

VARIANCE. A modification or variation of the provisions of this chapter as applied to a specific piece of property.

VERTICAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.

WAREHOUSING. The commercial storage of merchandise and personal property.

WHOLESALING. A business engaged in selling to retailers or jobbers rather than consumers.

WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations, and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed to the electrical grid.

WIND ENERGY CONVERSION SYSTEM (WECS), COMMERCIAL. A WECS of equal to or greater than 40kW in total nameplate generating capacity.

WIND ENERGY CONVERSION SYSTEM (WECS), NON-COMMERCIAL. A WECS of less than 40kW in total name plate generating capacity.

WIND ENERGY CONVERSION SYSTEM, ROOF-MOUNTED. A WECS affixed to the roof of a building or other structure.

WIND ENERGY CONVERSION SYSTEM (WECS), TOTAL HEIGHT. The highest point above ground reached by a rotor tip or any other part of the WECS.

WIND ENERGY CONVERSION SYSTEM (WECS), TOWER. A vertical structure that supports an electrical generator, rotor blades, and/or meteorological equipment used in the operation of a WECS.

WIND ENERGY CONVERSION SYSTEM (WECS), TOWER HEIGHT. The total height of the WECS exclusive of the rotor blades.

YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

YARD ABUTTING A STREET, SIDE. A yard adjacent to a street which extends along a side lot line between the front yard and rear property line. For the purposes of determining the required setbacks, a SIDE YARD ABUTTING A STREET is identified as a front yard in the dimensional standards of the district in which the yard is located.

YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. In the case of a corner lot abutting one or more streets, both yards shall be considered front yards.

YARD, REAR. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

YARD, SIDE. A yard extending along a side lot line between the front yard to the rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located.

ZONING MAP. The map setting forth the boundaries of the zoning districts of the City of Mayer which map is a part of this chapter.

ZONING OFFICER. The Zoning Officer of the City of Mayer as duly appointed by the City Council.

(Ord. 102, passed 7-9-01; Am. Ord. 102-J, passed 2-28-05; Am. Ord. 102-O, passed 11-14-05; Am. Ord. 102-V, passed 6-11-07; Am. Ord. 163, passed 4-12-10; Am. Ord. 193, passed 8-11-14; Am. Ord. 201, passed 8-24-15; Am. Ord. 221, passed 6-11-18; Am. Ord. 225, passed 10-8-18; Am. Ord. 228, passed 3-11-19)