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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).
<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).
<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;
<br />2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and
<br />3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
<br />Outlot - a lot or parcel of land created by subdivision, but not for construction, intended for transfer of ownership, dedication or for 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.
<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.
<br />Parks and Playgrounds - Public land and open spaces in the City of Gem Lake dedicated or reserved for recreational purposes.
<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 or 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.
<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.
<br />Patio - a paved outdoor area.
<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.
<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.
<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.
<br />Performance Standard - Qualitative or quantitative criterion established to control for the benefit of public health, safety and welfare
<br />such things as noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated or inherent in
<br />particular or ordinary uses of land or buildings.
<br />Plan Review - A review process of potential projects by designated authorities including, but not limited to, the Zoning Administrator,
<br />City Planner, Plan Review Board, Planning Commission, Building Inspector, City Engineer, city-appointed/contracted architect and/or
<br />engineer, or any other individual or group authorized by the City to review plans in an official capacity.
<br />Planning Commission - A panel of persons appointed by the Mayor and City Council of the City of Gem Lake charged with reviewing
<br />all matters related to land use development within the City; reviewing, modifying and developing the Comprehensive Municipal Plan
<br />and such local controls as may be necessary to achieve the goals of the Comprehensive Municipal Plan; and, making recommendations
<br />to the City Council as to approval and adoption of such matters.
<br />Planned Unit Development (PUD) - A tract of land which is developed as a unit under single or unified ownership control and which
<br />includes two or more buildings grouped or clustered in and around a common open space area in accordance with a pre -arranged site
<br />plan.
<br />Appendix A' Gem Lake Consolidated Land Use Ordinance Definitions Updated 1011912023 Page 10
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