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Appendix ‘A’ Gem Lake Consolidated Land Use Ordinance Definitions Updated 06/17/2025 Page 10
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<br />Noxious Material(s) - Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental
<br />effects on the physical or economic well -being of individuals. NURP – The Nationwide Urban Runoff Program developed by the
<br />Environmental Protection Agency to study stormwater runoff from urban development.
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<br />Offices - Structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold or
<br />repaired. These include: Banks, general offices, governmental offices, insurance offices, real estate offices, travel agency or
<br />transportation ticket offices, telephone exchange, utility office, professional offices and similar uses which are operated by the owner or
<br />his tenants.
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<br />Office, Showroom - A building in which at least twenty (20%) percent of the floor space is devoted to office activities, the remainder
<br />being used for either display, storage, or research and testing.
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<br />Office, Supplemental Retail – A building in which at least twenty (20%) percent of the floor space is devoted to selling products or
<br />services that are secondary to the primary product or service, not including automotive repair services.
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<br />Office, Related Repair – A building in which at least twenty (20%) percent of the floor space is devoted to providing repair services,
<br />related to the primary use of the building, not including automotive repair services.
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<br />Open Hours (also “Operation”) - The time within the day in which a business invites customers, clients or the general public to the
<br />property or business location in order to conduct the purpose of the business. These hours will not begin earlier than 7 A.M., and will
<br />not extend beyond 8 P.M. unless approved by conditional use permit (see Figure 17).
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<br />Open Space - An area of real property on a lot which is not covered by impervious surfaces, structures, unpaved storage, or designated
<br />parking areas (see Green Space).
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<br />Ordinary High Water Level (OHWL) - as defined by the Minnesota Department of Natural Resources, means the boundary of water
<br />basins, watercourses, public waters, and public waters wetlands, and:
<br />1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period
<br />of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly
<br />aquatic to predominantly terrestrial;
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<br />2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and
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<br />3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
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<br />Outlot - a lot or parcel of land created by subdivision, but not for construction, intended for transfer of ownership, dedication or f or use
<br />as a private right-of-way. An out lot can be designated non-buildable or buildable if replatted in full compliance with all the requirements
<br />of this and the Subdivision ordinance without the use of a variance.
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<br />Owner - Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient
<br />proprietary interest in the land under this Ordinance.
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<br />Parks and Playgrounds - Public land and open spaces in the City of Gem Lake dedicated or reserved for recreational purposes.
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<br />Partial Development Plan - A plan provided with an application for a building permit to materially alter or expand an existing legally
<br />conforming structure within the Gateway District. This plan shall be submitted to the Zoning Administrator, and contain all o r part of
<br />the data requested in Section 9.8. It may be given an Administrative Approval if it does not need any Conditional Uses or Variances.
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<br />Pasture - An area or portion of a single parcel of real property upon which agricultural animals are allowed to range and graze and
<br />which is suitably fenced to contain such animals.
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<br />Patio - a paved outdoor area.
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<br />Pedestrian Way - A public right-of-way or private easement across a block or within a block to provide access for pedestrians that may
<br />be used for the installation of utility lines.
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<br />Person - Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as
<br />either the owner or as the owner's agent.
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<br />Performance Bond - A bond with good and sufficient sureties, approved by the City Council, which is conditioned upon satisfactory
<br />implementation of an approved plan and which names the City as obligee.
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