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the City Council after review thereof by the Planning Commission .as a flexibility device to enable the City <br />Council to assign dimensions or conditions to a proposed use, after consideration of the impacts on or <br />functions of adjacent and nearby properties and the special problems that the proposed use presents. <br />DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, <br />attached or functionally related to a principal use or site and at any point extending more than three feet (3') <br />above ground. <br />DOCK: A seasonal water -oriented accessory structure or walkway extended from the ordinary high water <br />level into the bed of public waters for access to open water and anchorage of water craft. <br />DUPLEX, TRIPLEX AND QUAD: A dwelling structure on a single lot, having two (2), three (3), and four (4) <br />units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, <br />eating, living, and sanitation facilities. <br />DWELLING SITE: A designated location for residential use by one or more persons using temporary or <br />movable shelter, including camping and recreational vehicle sites. <br />DWELLING UNIT: Any structure or portion of a stricture, or other shelter designed as short- or long-term <br />living quarters for one or more persons, including rental or timeshare accommodations such as hotel, and <br />resort rooms and cabins. <br />EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial <br />minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to <br />93.51. <br />GAZEBO: A seasonal water -oriented accessory structure used as a detached nonheated shelter. It may have a <br />roof, floor, screen walls, but has no sewer or water service. <br />GUEST COTTAGE: A structure used as a dwelling unit that may contain sleeping spaces and kitchens and <br />bathroom facilities in addition to those provided in the primary dwelling unit on a lot. <br />HARDSHIP: The same as that term is defined in Minnesota Statutes chapter 462 (for municipalities). <br />HEIGHT OF BUILDING: "Height of building" shall be as defined in the Minnesota State Building Code. It <br />means the vertical distance between the highest adjoining ground level at the building or ten feet (10') above <br />the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the <br />highest gable of a pitched or hipped roof. <br />INDUSTRIAL USE: The use of land or buildings for the production, manufacture, warehousing, storage, or <br />transfer of goods, products, commodities, or other wholesale items. <br />INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, <br />strip, row, or block. <br />LIFT: A mechanical device used to lift a boat from the water. <br />LOT: A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other <br />accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, <br />or separation. <br />LOT WIDTH: The shortest distance between lot lines measured at the midpoint of the building line. <br />NONCONFORMING USE: A nonconforming use is any use or arrangement of land or structures legally <br />existing prior to the enactment of a Code provision prohibiting such use. <br />NONCONFORMING USES: Any use of a building or premises which, on the effective date of this Chapter, <br />does not, even though lawfully established, comply with all of the applicable use regulations of the zoning <br />district in which such building or premises is located (also see definition of Substandard Use). <br />ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands, and shall be an elevation <br />delineating the highest water level which has been maintained for a sufficient period of time to leave evidence <br />upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to <br />predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the <br />bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of <br />the normal summer pool. <br />PATIO: An inground surface of paving or wood materials, not attached to the main structure. <br />PLANNED UNIT DEVELOPMENT (PUD): See chapter 1008 of this title. <br />PORCH, SCREENED: A seasonal habitable addition to a residential stricture, considered part of the <br />