Minnesota Administrative Rules
Agency 118 - Capitol Area Architectural and Planning Board
Chapter 2400 - CAPITOL AREA ZONING AND DESIGN
Part 2400.2040 - DEFINITIONS
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Scope.
For the purposes of this chapter, the terms defined in this part have the meanings given them.
Subp. 2. Abut.
"Abut" means having a common boundary or relationship at either a common property line, street, or alley.
Subp. 3. Accessory use.
"Accessory use" means a use that is incidental to, customarily found in connection with, and, except in the case of off-street parking spaces and loading, located on the same zoning lot as the principal use to which it is related. Generally, an accessory use occupies less square footage than the principal use.
Subp. 3a. Addition request.
"Addition request" means the application form that an applicant submits to the board requesting the addition of a new artwork and describing why the applicant believes that the artwork should be added to the commemorative artwork collection.
Subp. 4. Adjacent.
"Adjacent" means located nearby, with or without contact.
Subp. 5. Adjoin.
"Adjoin" means having a common boundary or relationship at a common property line.
Subp. 6. Adult uses.
"Adult uses" means those uses that are not open to the general public but exclude members of the public by means of age and in which there is an emphasis on the presentation, display, depiction, or description of specific sexual activities or specific anatomical areas. Adult uses include adult bookstores, adult motion or minimotion picture theaters, adult massage parlors, adult saunas, adult health clubs, cabarets, and other similar uses.
Subp. 7. Alley.
"Alley" means a dedicated public way not more than 30 feet wide affording a secondary means of access to abutting property and not intended for general traffic circulation.
Subp. 8. Antenna.
"Antenna" means any system of wires, poles, rods, towers, reflecting disks, dishes, or similar devices used for the transmission or reception of communication external to or attached to the exterior of any building, or freestanding elsewhere on the property.
Subp. 8a. Applicant.
"Applicant" means a person or group that submits an application for an addition, modification, or removal of the artwork.
Subp. 8b. Architectural advisers.
"Architectural advisers" means the three members of the Advisory Committee on Architecture and Planning established under Minnesota Statutes, section 15B.11, who are responsible for advising the board on all architectural and planning matters.
Subp. 9. Auto body shop or repair center.
"Auto body shop" or "repair center" means a shop in the business of making repairs to any motor vehicle.
Subp. 10. Auto convenience market.
"Auto convenience market" means a place where gas, oil, lubricants, or minor accessories are sold directly to the public on the premises in combination with everyday items normally found in a convenience store or supermarket.
Subp. 11. Automobile service station.
"Automobile service station" means an establishment where automotive fuel, tires, batteries, accessories, and parts for passenger automobiles are sold or installed.
Subp. 12. Basement.
"Basement" means that portion of a building, partly or wholly below grade, so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.
Basement vs. Story
Subp. 13. Bed and breakfast residence.
"Bed and breakfast residence" means a dwelling in which four or fewer guest rooms are rented within the principal structure on a nightly basis for less than one week and where at least one meal per day is provided in connection with the sleeping accommodations. The operator of the residence lives on the premises or in an adjacent premise.
Subp. 14. Block.
"Block" means the property abutting one side of a street and lying between the two nearest intersecting streets, crossing or terminating; between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river, or live stream; or between any of the foregoing and any other barrier to the continuity of development.
Subp. 15. Board.
"Board" means the Capitol Area Architectural and Planning Board as created by Minnesota Statutes, section 15B.03, subdivision 1.
Subp. 16. Boarding or rooming house.
"Boarding or rooming house" means a building designed for or used as a one-family or two-family dwelling and containing guest rooms where lodging, with or without meals, is provided for compensation on a daily, weekly, or monthly basis.
Subp. 17. Building.
"Building" includes structure and any part thereof.
Subp. 18. Building height.
"Building height" means the distance measured from the established grade, to the highest point of the parapet coping for flat roofs, to the highest point of mansard roofs, to the average height between eaves and the highest ridge for pitched or hipped roofs, or to the highest point of any equipment mounted on the building, with the exception of antennas, towers, and flagpoles.
Measurement of Height, Pitched, Hipped, and Mansard Roofs
Subp. 19. Capitol area.
"Capitol area" has the meaning given in Minnesota Statutes, section 15B.02.
Subp. 19a. Board staff.
"Board staff" means the employees of the Capitol Area Architectural and Planning Board, led by the executive secretary, who execute the decisions of the board.
Subp. 19b. Capitol grounds.
"Capitol grounds" means the exterior areas of any state-owned land in the Capitol area including state-owned rights-of-way, the Capitol mall, and the exterior courtyards of state-owned buildings.
Subp. 19c. Capitol mall.
"Capitol mall" means the open space between the Department of Transportation Building, Centennial Building, Veterans Services Building, and the Capitol, including the lawn surrounding the Capitol.
Subp. 19d. Commemorative artwork.
"Commemorative artwork" means a monument, memorial, or other type of original piece in any style, expression, genre, or media that is the unique creative expression of an artist designed to memorialize cultural, social, and political aspects of Minnesota's history. A commemorative artwork expresses or reflects the collective memory of an individual person, group, or event. Commemorative artwork serves four primary functions:
Commemorative artwork may be event-based, temporary, or long-term. Any commemorative artwork that is event-based as defined under subpart 41a is not within the scope of this subpart.
Subp. 20. Comprehensive plan.
"Comprehensive plan" means the plan adopted by the board pursuant to Minnesota Statutes, section 15B.05, including any unit or part of the plan and any amendment to all or parts of the plan.
Subp. 21. Conditional use.
"Conditional use" means a land use or development as defined by this chapter that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that:
Subp. 22. Contiguous.
"Contiguous" means abutting.
Subp. 23. Corner lot.
"Corner lot" means a lot abutting two intersecting streets where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line, extended, form an interior angle of less than 135 degrees.
Corner Lots, Interior Lots, and Through Lots
Subp. 24. Day care.
"Day care" means the care of one or more children on a regular basis, for periods of less than 24 hours per day. Day care includes family day care, group family day care, and group day care as defined in items A to C.
Subp. 24a. Design framework.
"Design framework" means a plan that provides a structure for the organized development of an area to prevent ad hoc decision-making.
Subp. 24b. Design process.
"Design process" means the process that the board follows after the board approves a request for the addition or modification of a commemorative artwork and includes:
Subp. 24c. Designer.
"Designer" means a person recognized as the lead practitioner in the creative vision and design development of an artwork.
Subp. 25. Development.
"Development" means the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.
Subp. 25a. Disposition.
"Disposition" means the termination of ownership and possession of an artwork from the commemorative artwork collection through sale, donation, or demolition.
Subp. 26. Drive-in restaurant.
"Drive-in restaurant" means a business establishment whose principal business is the selling of food, frozen desserts, or beverages to the customer in a ready-to-consume state, in individual servings, and where the customer is served and consumes these foods, frozen desserts, or beverages in an automobile parked on the premises.
Subp. 27. Dwelling unit.
"Dwelling unit" means a building or portion of a building, designed for occupancy by one family for residential purposes and having cooking facilities.
Subp. 28. Elevation.
"Elevation" means the height of a point expressed in feet above mean sea level, sea level datum of 1929 adjusted.
Subp. 29. Emergency housing facilities.
"Emergency housing facilities" means a building where homeless or abused persons receive overnight shelter on a time-limited basis but are not expected to remain on a 24-hour-per-day basis.
Subp. 30. Essential services.
"Essential services" means the erection, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water transmission or distribution system, collection, communication, supply, or disposal system, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar equipment in connection to those services, but not including buildings, which are necessary for the furnishing of adequate service by the utilities or municipal departments for the general health, safety, or welfare.
Subp. 31. Family.
"Family" means one or more persons, but not more than four if unrelated, living as a single housekeeping unit in a dwelling.
Subp. 32. Fast food restaurant.
"Fast food restaurant" means a business establishment whose principal business is the selling of standardized, preprepared, quick-order, and packaged foods in a ready-to-consume state, packaged in nonreturnable, disposable containers or wrapping, where the customer may consume these foods while seated at fixed tables or counters located within a building or in a vehicle after being served at a drive-through window. All restaurants with drive-through windows are considered fast food restaurants.
Subp. 33. Floor area.
"Floor area" means the sum of the horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area is exclusive of areas of unfinished basements, unfinished attics, or attached garages and structured parking.
Subp. 34. Floor area ratio or FAR.
"Floor area ratio" or "FAR" means the total floor area of all buildings or structures on a zoning lot divided by the area of that lot.
Subp. 35. Front setback line.
"Front setback line" means a line parallel to the front lot line that establishes the minimum front yard depth of a zoning lot.
Subp. 36. Grade.
"Grade" means the elevation established for regulating the number of stories and the height of buildings. For buildings having a wall or walls on or within 15 feet of a street line, grade is curb level, or its equivalent, opposite the wall or walls. When a building has frontage on more than one street, the lowest curb level applies. For buildings having all walls more than 15 feet from a street line, grade is the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings. The existing grade of the property may not be raised around a new building or foundation in order to comply with the height requirements of this chapter.
Grade Measurements
Subp. 37. Gross leasable floor area.
"Gross leasable floor area" means the total floor area of a building or structure designed for the tenants' occupancy and exclusive use, including basements, mezzanines, and upper floors, expressed in square feet and measured from the outside face of the exterior walls and from the centerline of common walls or joint partitions. Gross leasable floor area includes sales and integral stock areas, but excludes stairwells, elevator shafts, mechanical rooms, space related to the operation and maintenance of the building, and lobbies and bathrooms located for common or public use rather than for tenant or internal use.
Subp. 38. Home occupation.
"Home occupation" means an occupation or business carried on in a dwelling unit by the resident, provided the use is limited in extent, incidental and secondary to the use of the dwelling unit for residential purposes, and does not change the character of the dwelling unit.
Subp. 39. Housing for the elderly.
"Housing for the elderly" means a multiple-family structure controlled by either a public body, institutional body, or nonprofit corporation, 80 percent of whose occupants are 65 years of age or over.
Subp. 40. Impervious coverage.
"Impervious coverage" means the total area of all buildings, measured at grade; all accessory structures, including pools and patios; and all paved areas as a percentage of the total area of the lot, with the following exceptions: sidewalks or paved paths no wider than three feet, pervious pavement, and green roofs.
Subp. 41. Interior lot.
"Interior lot" means any lot other than a corner lot.
Subp. 41a. Lifespan.
"Lifespan" means the time that an artwork is displayed in the Capitol area, which is:
Subp. 42. Live-work unit.
"Live-work unit" means a dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant lives and works.
Subp. 43. Loading space.
"Loading space" means an off-street space on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
Subp. 44. Lot.
"Lot" means a parcel of land occupied and used, or intended to be occupied and used, by a building or a group of buildings, together with yards and open spaces as are required under this chapter, whether or not specifically designed as such on public records.
Subp. 45. Lot area.
"Lot area" means the total horizontal area within the lot lines of the lot.
Subp. 46. Lot depth.
"Lot depth" means the median horizontal distance between the front and rear lot lines.
Subp. 47. Lot frontage.
"Lot frontage" means the width of a lot measured along the line separating the lot from any street, except that, for a lot that abuts on more than one street, the lot frontage is the sum of the width of the lot measured along the line separating the lot from the street yielding the least width plus one-half of the widths of the lot measured along the lines separating the lot from the other streets.
Subp. 48. Lot of record.
"Lot of record" means a parcel of land, the dimensions of which are shown on a document or map on file with the county recorder or registrar of titles or in common use by state, municipal, or county officials, and that actually exists as shown.
Subp. 49. Lot width.
"Lot width" means the horizontal distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines.
Lot Width is Measured at Building Line
Subp. 50. Major thoroughfare.
"Major thoroughfare" means an arterial street designated as a major artery or freeway in the comprehensive plan.
Subp. 50a. Modification.
"Modification" means a process that changes the meaning, character, appearance, or interpretation of an artwork. A modification includes:
Subp. 50b. Modification request.
"Modification request" means an applicant's request to modify a specific artwork that the applicant submits to the board on an application form describing why the applicant is requesting to modify or relocate the artwork and including the primary concept and proposed plan elements of modification to the artwork and surrounding site.
Subp. 51. Multiple-family dwelling.
"Multiple-family dwelling" means a building designed exclusively for occupancy by three or more families living independently of each other.
Subp. 52. Nonconforming building or sign.
"Nonconforming building or sign" means a building or portion of a building or a sign that lawfully existed prior to the effective date of the applicable rule or amendment, whichever is later, and that, on or after the effective date of the applicable rule or amendment, no longer conforms to this chapter pertaining to the district in which it is located.
Subp. 53. Nonconforming use.
"Nonconforming use" means a use of land or a building that lawfully existed prior to the effective date of the applicable rule or amendment, whichever is later, and that, on or after the effective date of the applicable rule or amendment, does not conform to the use rules of the district in which it is located.
Subp. 54. Nuisance.
"Nuisance" means an unreasonably offensive, annoying, unpleasant, or obnoxious thing or practice; a cause or source of unreasonable annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line that can be perceived by or affects a human being; or the unreasonable generation of an excessive or concentrated movement of people or things including, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, passenger traffic, invasion of nonabutting street frontage by traffic, or noise or congregation of people, particularly at night.
Subp. 55. Nursing home.
"Nursing home" has the meaning given in Minnesota Statutes, section 144A.01, subdivision 5.
Subp. 56. Obscuring fence.
"Obscuring fence" means a fence that is 80 percent or more opaque.
Subp. 57. Off-street parking lot.
"Off-street parking lot" means a facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles. This includes adequate driveways, access ways, parking bays, garages, or combinations thereof, but does not include public roads, alleys, and streets.
Subp. 58. One-family dwelling.
"One-family dwelling" means a building designed exclusively for and occupied by one family.
Subp. 59. Parking space.
"Parking space" means an area of definite length and width, exclusive of drives, aisles, or entrances giving access, that is fully accessible for the parking of a permitted vehicle.
Subp. 60. Pawn shop.
"Pawn shop" means a place where a broker or other personnel loans money on deposit or pledge of personal property or other valuable thing.
Subp. 61. Person.
"Person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
Subp. 62. Pervious pavement.
"Pervious pavement" means pavement that is designed and maintained to allow precipitation to infiltrate into the ground to reduce the volume and slow the rate of storm water runoff. Pervious pavement materials include pervious interlocking concrete paving blocks, concrete grid pavers, perforated brick pavers, and similar materials.
Subp. 63. Principal building.
"Principal building" means a building in which the principal use of the zoning lot upon which it is situated is conducted.
Subp. 64. Principal use.
"Principal use" means a use that is the primary use of the zoning lot upon which it is situated and that is:
Subp. 64a. Public hearing.
"Public hearing" means a formal proceeding held by the board to receive comments from interested parties, including members of the public, on a proposed issue or action before the board for consideration or possible decision under Minnesota Rules, part 2400.2700, subparts 3 and 7.
Subp. 64b. Public meeting.
"Public meeting" means a meeting that is open to attendance by the public and is hosted online or in a physical location accessible to the public.
Subp. 65. Public utility.
"Public utility" means a person duly authorized under federal, state, or municipal laws to furnish to the public gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.
Subp. 65a. Removal.
"Removal" means the removal of an artwork from the Capitol grounds.
Subp. 65b. Removal request.
"Removal request" means an applicant's request to remove a specific artwork that the applicant submits to the board on an application form describing why the applicant is requesting to remove the artwork and including a potential disposition plan and a concept plan for restoration of the site after the artwork is removed.
Subp. 66. Restaurant.
"Restaurant" means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within a building.
Subp. 67. Setback.
"Setback" means the distance required to obtain front, side, and rear yard open space provisions of this chapter, measured from the lot line to the above-grade faces of the building.
Subp. 68. Sign.
"Sign" means words, numerals, figures, devices, designs, or trademarks used to show or advertise a person, firm, profession, business, service, product, or message, or to provide information, warnings, or directions, including the kinds of signs described in items A to Y.
Subp. 69. Sign area.
"Sign area" means the area within a continuous perimeter enclosing the limits of writing, representation, and any other integral part of the sign display, excluding the supporting structure. When the faces of a back-to-back sign are parallel or within 35 degrees of parallel, the sign face area shall be determined on the basis of only one side of the sign. If the sign faces are not within 35 degrees of parallel, the sign face area shall be determined on the basis of the sum of the areas of each sign face.
Subp. 69a. Spatial envelope.
"Spatial envelope" means the shared, multidimensional space surrounding an artwork.
Subp. 70. Story.
"Story" means the part of a building included between the surface of one floor and the surface of the next floor or, if the topmost floor, the ceiling or roof next above. A basement is not counted as a story.
Subp. 71. Story, half.
"Story, half" means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of at least seven feet six inches. For the purpose of this chapter, the gross floor area is only that area having at least four feet clear height between the floor and ceiling.
Subp. 72. Street.
"Street" means a public dedicated right-of-way, other than an alley, that affords the principal means of access to abutting property.
Subp. 73. Street line.
"Street line" means the property line separating private or public property from a designated street right-of-way.
Subp. 74. Supervised living facility licensed by the Department of Human Services.
"Supervised living facility licensed by the Department of Human Services" means one main building or portion of the building on one zoning lot where children or persons with developmental or physical disabilities or who have a chemical dependency reside on a 24-hour basis under the auspices of a program licensed by the Minnesota Department of Human Services to provide lodging, care, training, education, supervision, habilitation, rehabilitation, or treatment they need but that for any reason cannot be furnished in their own homes. Supervised living facilities specifically do not include hospitals, prisons, juvenile detention centers, reformatories, residential facilities for programs licensed by the Minnesota Department of Corrections, foster homes, or treatment centers operated by the commissioner of human services.
Subp. 75. Supervised living facility licensed by the Department of Health.
"Supervised living facility licensed by the Department of Health" means one building or portion of the building on one zoning lot that is licensed by the commissioner of health as a rooming or boarding house and receives 50 percent or more of its residents under a contract with state or local government human service agencies to provide lodging for people with developmental disabilities or chemical dependency.
Subp. 76. Through lot.
"Through lot" means an interior lot with frontage on two streets.
Subp. 77. Townhouse dwelling.
"Townhouse dwelling" means a one-family dwelling unit, within a linear group of horizontally attached dwellings, each having a private entrance.
Subp. 78. Transitional housing facility.
"Transitional housing facility" means a building or portion of a building on one zoning lot where persons who may or may not have access to traditional or permanent housing, but who are capable of living independently within a reasonable period of time, reside on a 24-hour-per-day basis for approximately 30 days, and participate in program activities to facilitate their independent living.
Subp. 79. Two-family dwelling.
"Two-family dwelling" means a building designed exclusively for occupancy by two families living independently of each other.
Subp. 80. Underground structure.
"Underground structure" means a completed building designed to be built partially or wholly below grade that was not intended to serve as a substructure or foundation of a building.
Subp. 81. Usable floor area.
"Usable floor area" means the floor area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers, and all that area devoted to employee workspace, but excluding floor area that is used or intended to be used principally for the storage of merchandise, hallways, or elevator or stair bulkheads, or for utilities or sanitary facilities.
Subp. 82. Use.
"Use" means the principal purpose for which land or a building is arranged, designed, or intended, or for which land or building is or may be occupied.
Subp. 83. Used for.
"Used for" includes arranged for, designed for, intended for, maintained for, or occupied for.
Subp. 84. Wind energy conversion system.
"Wind energy conversion system" means an electrical generating facility composed of one or more wind turbines and accessory facilities, including power lines, transformers, substations, metrological towers, and similar components that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on site or distributed into the electrical grid.
Subp. 85. Wind turbine.
"Wind turbine" means a piece of electrical generating equipment that converts the kinetic energy of flowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
Subp. 86. Yard.
"Yard" means the open spaces on the same lot with a principal building, unoccupied and unobstructed from the ground upward, except as otherwise provided in items A to C and this chapter.
Subp. 87. Zoning administrator.
"Zoning administrator" means an employee of the board designated by the board upon the recommendation of the executive secretary to implement, monitor compliance with, and manage all parts of the zoning rules under this chapter in the Capitol area. The executive secretary shall serve as the zoning administrator in the designee's absence.
Subp. 88. Zoning lot.
"Zoning lot" means a single tract of land, composed of one or more lots located within a single block, that, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A zoning lot must be in one zoning district and satisfy this chapter with respect to area, size, dimension, and frontage as required in the district in which the zoning lot is located.
Statutory Authority: MS s 15B.06
