§ 19.87.03  DEFINITIONS.
   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.
   FLOODWAY. The channel of the watercourse of a creek or river and those portions of the adjoining floodplains (as that term is defined in city code § 19.03) which are reasonably required to carry and discharge the regional flood (as that term is defined in city code § 19.03).
   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, and Minnesota Rules part 1505.0730, 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
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
 
(Ord. 93-52, passed 12-20-1993; Ord. 2015-28, passed 11-2-2015)