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§ 30-1 ELK RIVER CODE
<br /> Irving such a topographical nature that surface Office/Showroom space means space that is
<br /> or percolating water flows through it from other utilized primarily for the display of products
<br /> areas before reaching a final ponding area. manufactured. Such space may or may not be
<br /> finished.
<br /> Nonconforming sign means any sign which
<br /> lawfully existed prior to June 18, 1990,the date of On sale liquor establishment has the meaning
<br /> adoption of the ordinance from which this chapter given in chapter 6.
<br /> is derived, but does not conform to the require- Operate means to charge a rental charge for
<br /> ments of article VI, division 5, subdivision II, of the use of a unit in a rental dwelling.
<br /> this chapter.
<br /> Operator means the owner or his agent who
<br /> Nonconforming use, as used in article VI, divi has charge, care, control, or management of a
<br /> sion 13, of this chapter, means the use of a building, or part thereof, in which dwelling units
<br /> structure or land,or both,lawfully in existence on or rooming units are let.
<br /> the effective date, of the ordinance from which Ordinary high-water level, as used in article
<br /> article VI, division 13, of this chapter is derived VI,divisions 12 and 13,of this chapter,means the
<br /> which does not conform to the requirements ap- boundary of public waters and wetlands, and
<br /> plicable thereto contained in article VI, division shall be an elevation delineating the highest
<br /> 13, of this chapter or which does not conform to water level which has been maintained for a
<br /> provisions of article VI, division 13, of this chap- sufficient period of time to leave evidence upon
<br /> ter as subsequently amended. the landscape, commonly that point where the
<br /> natural vegetation changes from predominantly
<br /> Nonconforming use, as used in article VI of this aquatic to predominantly terrestrial. For water-
<br /> chapter, means the use of a structure or land, or courses, the ordinary high-water level is the ele-
<br /> h,lawfully in existence on September 4, 1980, vation of the top of the bank of the channel. For
<br /> ch does not conform to the requirements ap- reservoirs and flowages, the ordinary high-water
<br /> plicable thereto contained in article VI of this level is the operating elevation of the normal
<br /> chapter, or which does not conform to provisions summer pool. In areas where the ordinary high-
<br /> of article VI of this chapter as subsequently water level is not evident, setbacks shall be mea-
<br /> amended. sured from the stream bank of the following water
<br /> bodies that have permanent flow or open water:
<br /> Obstruction means any dam, wall, wharf, em- the main channel, adjoining side channels, back-
<br /> bankment,levee,dike,pile,abutment,projection, waters, and sloughs.
<br /> excavation, channel modification, culvert, build-
<br /> ing, wire, fence, stockpile, refuse, fill, structure, * Outlot means a remnant from a subdivision
<br /> or matter in, along, across, or projecting into any that is not a developable piece of property unless
<br /> channel, watercourse, or regulatory floodplain replatted in accordance with city ordinances.
<br /> which ma y impede, retard or chang e th e direc-
<br /> Owner, as used in article V of this chapter,
<br /> tion of the flow of water, either in itself or by means an individual or legal entity having suffi-
<br /> catching or collecting debris carried by such wa- dent legal interest in the land sought to be
<br /> ter. subdivided to commence and maintain proceed-
<br /> ings to subdivide the land under article V of this
<br /> Occupancy means the portion of a building or chapter.
<br /> premises owned, leased, rented, or otherwise oc-
<br /> cupied for a given use. Owner, as used in article III of this chapter,
<br /> means any person who, alone,jointly,or severally
<br /> Occupant means any person, including the with others, shall be in actual possession of, or
<br /> owner or operator, living, sleeping, cooking, and have charge, care, or control of, any dwelling,
<br /> eating in a dwelling unit,or living and sleeping in dwelling unit, or rooming unit within the city as
<br /> "looming unit. owner, employee, or agent of the owner, or as
<br /> CD30:24
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