Agenda - Planning Commission - 04/27/2023

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1 Open space means an area set aside for the preservation of natural open spaces to counteract the 2 effects of urban congestion and monotony. 3 Open space recreation uses means recreation use particularly oriented to and utilizing the outdoor 4 character of any area; including hiking and riding trails, primitive campsites, campgrounds, 5 waysides, parks and recreational areas. 6 Operable motor vehicle means a vehicle that can be presented in a self-propelled condition within seven 7 days of the city's request for such action. 8 Ordinary high water level(OHWL). Having the meaning given under Minn. Stats. § 103G.005. 9 Ordinary high-water mark means either of the following: 10 (1) The boundary of public waters and wetlands, and shall be an elevation delineating the 11 highest water level which has been maintained for a sufficient period of time to leave 12 evidence upon the landscape, commonly that point where the natural vegetation changes 13 from predominantly aquatic to predominantly terrestrial. For watercourses,the ordinary 14 high-water level is the elevation of the top of the bank of the channel. For reservoirs and 15 flowages,the ordinary high-water level is the operating elevation of the normal summer 16 pool. 17 (2) Generally the boundary elevation where the vegetation changes from predominately 18 aquatic (where "aquatic" broadly means that the vegetation can survive moist conditions)to 19 terrestrial.This elevation delineates the highest water level, which has been maintained for 20 a sufficient period of time to leave evidence upon the landscape, commonly that point 21 where the natural vegetation changes from predominantly aquatic to predominantly 22 terrestrial. Water often reaches this elevation in spring. For rivers and steams the ordinary 23 high water mark is usually the top of the bank. It is less well defined for lakes and wetlands. 24 The definition in Minn. Stats. § 103G.005, subd. 14 provides that the "... "Ordinary high 25 water level" means the boundary of water basins, watercourses, public waters, and public 26 waters wetlands, and: 27 a. The ordinary high water level is an elevation delineating the highest water level that 28 has been maintained for a sufficient period of time to leave evidence upon the 29 landscape, commonly the point where the natural vegetation changes from 30 predominantly aquatic to predominantly terrestrial; 31 b. For watercourses,the ordinary high water level is the elevation of the top of the bank 32 of the channel; and 33 C. For reservoirs and flowages,the ordinary high water level is the operating elevation of 34 the normal summer pool. The term "ordinary high water mark" is further defined in 35 Minn. Rules pt. 6120.2500, subpt. 11. Ordinary high-water marks are determined by 36 the state department of natural resources' area hydrologist. 37 Outdoor display means an area of land where goods are displayed and which are available for sale to the 38 general public from inside a retail outlet or warehousing facility. 39 Outdoor sales means an outdoor area where goods are sold and displayed for sale and is freely accessible 40 to the public. 41 Outdoor storage means the exterior storage of goods, inventory, materials, equipment, or other items 42 which are not necessarily intended for sale nor accessible to the public. 43 Outlot means a parcel that is not a developable piece of property unless re-platted in accordance with city 44 ordinances. 45 Owner means any person,firm or corporation, or any other legal entity, or a combination of any of them, 46 having sufficient legal proprietary interest in the land sought to be subdivided to commence and 47 maintain proceedings to subdivide the same under this chapter. 48 Overlay district. A zoning district that is applied over one or more previously established zoning districts, 49 establishing additional or stricter standards and criteria for covered properties in addition to those Page 15 of 147