The following words and terms, when used in this Article IX, shall have the ascribed meanings unless the context clearly indicates otherwise.
ACCESSORY STRUCTURE. A subordinate structure the use of which is incidental and customary to that of the principal structure.
BACKYARD APPURTENANT STRUCTURE. Children’s recreational equipment (such as a swing set or sandbox); clotheslines; arbors and trellises; outdoor fireplaces or grills; permanent benches; utility wires or poles; other public sewer, water and gas utility appurtenances; flag poles; walls and fences less than six feet in height; landscaping retaining walls; or dog enclosures.
BEST MANAGEMENT PRACTICES. The methods and practices described in the State Pollution Control Agency’s Protecting Water Quality in Urban Areas, commonly known as Best Management Practices In Minnesota (October 1989).
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to the principal use of the site.
DNR. Minnesota Department of Natural Resources.
EXOTIC SPECIES. Flora and fauna that are not indigenous to the state, as determined by the DNR, the city or other public agency.
GARDEN. An area used for the noncommercial growing of vegetables, flowers or other plants.
IMPERVIOUS SURFACE. Any surface which prevents absorption of storm water into the soil.
NOXIOUS WEED. Those weeds so defined in M.S. § 18.77, subd. 8, as it may be amended from time to time, or any plant which is identified and placed by the county on its noxious weed list.
ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters, which is the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. The OHWL’s for those public waterbodies under this Article IX which are lakes, are as shown in Table 1 at the end of this section. For watercourses, the OHWL is the elevation of the top of the bank of the channel.
PAVED AREA. Any impervious ground surface area created by means of concrete, asphalt, brick, mortar or other materials.
PUBLIC WATERBODY. Each of the wetlands, lakes, creeks or rivers listed in Table 1 at the end of this section.
SHORE AREA. All land in the city lying within the distances described in Table 1 at the end of this section, from the given public waterbody, as measured from the ordinary high water level (OHWL).
SHORE AREA IMPACT ZONE. All land in the city lying within the distances described in Table 1 at the end of this section, from the given public waterbody, as measured from the ordinary high water level (OHWL).
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
UTILITY SHED. An enclosed accessory structure no larger than 120 square feet in area or 12 feet in height which is used for the storage of equipment and materials which are not water-oriented in nature.
VEGETATION. Flora of any variety, including trees, shrubs, plants and grass.
WATERCRAFT LANDING FACILITY. A dock, ramp or other structure used to land watercraft.
WATERCRAFT LIFT OR STORAGE FACILITY. An unenclosed structure designed and used solely to raise watercraft out of the water or for the storage of watercraft and related equipment.
WATER-ORIENTED ACCESSORY STRUCTURE. An accessory structure which, because of its relationship to the public waterbody, reasonably needs to be located within the
shore area
. Excluded from the definition of a water-oriented accessory structure are stairways, stairway landings, pedestrian lifts, watercraft landing facilities, watercraft lift or storage facilities, backyard appurtenant structures and utility sheds.
TABLE 1 | ||||
Public Waterbody | Public Waterbody ID Number or Section/Township /Range Description | Public Waterbody Ordinary High Water Level (OHWL) | “Shore Area” - Distance from OHWL of Public Waterbody | “Shore Area Impact Zone” - Distance from OHWL of Public Waterbody |
TABLE 1 | ||||
Public Waterbody | Public Waterbody ID Number or Section/Township /Range Description | Public Waterbody Ordinary High Water Level (OHWL) | “Shore Area” - Distance from OHWL of Public Waterbody | “Shore Area Impact Zone” - Distance from OHWL of Public Waterbody |
1. Oxboro Lake | 27-11P | 803.7 feet | 75 feet | 37-1/2 feet |
2. Upper Penn Lake | 27-4P | 811.5 feet | 75 feet | 37-1/2 feet |
3. Lower Penn Lake | 27-4P | 807.0 feet | 75 feet | 37-1/2 feet |
4. Bush Lake | 27-47P | 833.2 feet | 75 feet | 37-1/2 feet |
5. Anderson Lake | 27-62P | 839.0 feet | 75 feet | 37-1/2 feet |
6. Hyland Lake | 27-48P | 817.9 feet | 150 feet | 75 feet |
7. Nine Mile (Coleman) Lake | 27-13P | 700.0 feet | 150 feet | 75 feet |
8. Long Meadow Lake | 27-2P | 695.5 feet | 150 feet | 75 feet |
9. Nine Mile Creek | From § 16-116-21 to § 28-27-24 | Top of bank of channel | 50 feet | 25 feet |
10. Nine Mile Creek - South Fork | From § 18-116-21 to § 17-116-21 | Top of bank of channel | 50 feet | 25 feet |
11. Minnesota River - I-494 to I-35W | From § 28-27-24 to § 5-27-23 | Top of bank of channel | 100 feet | 50 feet |
12. Minnesota River - I-35W to western city boundary | From § 6-115-21 to § 28-27-24 | Top of bank of channel | 150 feet | 75 feet |