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iv) Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and such property may be shallow water
<br />bodies, the waters of which are stagnant or aclualed by very feeble currents, and may be at limes sufficiently dry to permit
<br />tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where natural
<br />vegetation changes from predominantly aquatic to predominately terrestrial.
<br />YARD
<br />A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as
<br />expressly permitted in this Ortnance_ A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified
<br />in the yard regulations for the district in which such lot is located.
<br />YARD -FRONT
<br />A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way
<br />line to a depth required in the yard regulations for the district in which such a lot is located.
<br />YARD -REAR
<br />A yard extending along the full width of the rear lot line between the side lot lines and ex ten din g toward the front lot line for a depth as
<br />specified in the, yard regu lat ions for the district in which such lot is located.
<br />YARD -SIDE
<br />A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district
<br />in which such lot is located.
<br />ZONING DISTRICT
<br />An area or areas within the limits of the City for which the regulations and requirements governing use are uniform.
<br />SECTION 4 - GENERAL PROVISIONS
<br />Section 4.1 Application of this Ordinance
<br />4.1(1) In their interpretation and application, the provisions of this Ordinance shall be held to be the mini mum requirements for the promotion
<br />of the public health, safety, morals and welfare.
<br />4.1 (2) Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable
<br />conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or
<br />which impose higher standards or requirements shall prevail.
<br />4.1 (3) Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no
<br />structure or land shall be used, for any purpose, nor in any manner which is not in conformity with this Ordinance.
<br />4.1(4) When land is proposed to be annexed to the City ofGem Lake the Planning Commission shall hold a public bearing upon the permanent
<br />zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the City Council. In the event of annexation
<br />proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the "R-l" District and such
<br />classification shall be considered as an interim step pending permanent classification.
<br />4.1(5) In accordance with the Gem Lake Comprehensive Municipal Plan, Section 12.1.3, when making application for development of real
<br />property in the City of Gem Lake, the developer shall submit twelve (12) sets of all plans, variance requirements, and permit requirements in
<br />forms acceptable to the Zoning Administrator or City officials including, but not limited to, the following:
<br />A) a Site Plan; and
<br />B) a Grading And Filling Plan; and
<br />C) a Landscape Plan; and
<br />D) a Tree Preservation Plan; and
<br />E) an Erosion Control And Runoff Plan; and
<br />F) a Description of the Project; and
<br />G) a Description of Future Expansion Plans; and
<br />I-!) all other such plans or information as maybe required for specific zoning districts.
<br />4.1(6)In accordance with the Gem lake Comprehensive Municipal Plan, Section 12.1.4, when making recommendations and decisions
<br />considering land use, the Planning Commission and City Council shall review and measure the impact of such uses including, but not limited
<br />to, the following as criteria:
<br />A) The impact of the use on adjacent uses; and
<br />B) the impact of the use on air and water quality; and
<br />C) the impact of the use on traffic generation; and
<br />D) the impact of the use on public safety, health and welfare; and
<br />E) the impact of the use on the area economy
<br />Section 4.2 Separability.
<br />4.2(1)lt is hereby declared to be the intention of the Mayor and City Council that the several provisions of this Ordinance are separable in
<br />accordance with the following:
<br />A) Many court ofcompetent jurisdiction shall adjudge anyprovision ofthis Ordinance or application thereoftobe invalid, such judgement
<br />shall not affect any other provision of this Ordinance not specifically included in said judgment.
<br />Section 4.3 Non -Conforming Uses and Structures
<br />4.3 (1) Any structure or use lawfully existing upon the effective date ofthis Ordinance maybe continued at the size and in a manner of operation
<br />existing upon such date except as hereinafter specified.
<br />4.3 (2) Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the City.
<br />4.3 (3) When any lawful non -conforming use of any structure or land in any district has been changed to a confirming use, it shall not thereafter
<br />be changed to any non- conforming use.
<br />4.3 (4) Whenever a lawful non -conforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or
<br />act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months afler such calamity, unless the damage
<br />to the building or structure is fifty percent (50%) or more of its fair market value, in which case the reconstruction shall be for a use in
<br />accordance with the provisions of this Ordinance.
<br />4.3 (5) Whenever a lawful, nonconforming use of a building or structure or land is discontinued for a period of six (6) months, any future use
<br />of said building or structure or land shall be in conformity with the provisions of this Ordinance.
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