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<br />9 30-1
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<br />having such a topographical nature that surface
<br />or percolating water flows through it from other
<br />areas before reaching a final ponding area.
<br />
<br />Nonconforming sign means any sign which
<br />lawfully existed prior to June 18, 1990, the date of
<br />adoption of the ordinance from which this chapter
<br />is derived, but does not conform to the require-
<br />ments of article VI, division 5, subdivision II, of
<br />this chapter.
<br />
<br />Nonconforming use, as used in article VI, divi-
<br />sion 13, of this chapter, means the use of a
<br />structure or land, or both, lawfully in existence on
<br />the effective dat~ of the ordinance from which
<br />article VI, division 13, of this chapter is derived
<br />which does not conform to the requirements ap-
<br />plicable thereto contained in article VI, division
<br />13, of this chapter or which does not conform to
<br />provisions of article VI, division 13, of this chap-
<br />ter as subsequently amended.
<br />
<br />Nonconforming use, as used in article VI ofthis
<br />chapter, means the use of a structure or land, or
<br />both, lawfully in existence on September 4, 1980,
<br />which does not conform to the requirements ap~
<br />plicable thereto contained in article VI of this
<br />chapter, or which does not conform to provisions
<br />of article VI of this chapter as subsequently
<br />:;unended.
<br />
<br />Obstruction means any dam, wall, wharf, em-
<br />bankment, levee, dike, pile, abutment, projectiop.,
<br />excavation, channel modification, culvert, build-
<br />ing, wire, fence, stockpile, refuse, fill, structure,
<br />or matter in, along, across, or projecting into any
<br />channel, watercourse, or regulatory floodplain
<br />which may impede, retard, or change the direc-
<br />tion of the flow of water, either in itself or by
<br />catching or collecting debris carried by such wa-
<br />ter.
<br />
<br />Occupancy means the portion of a building or
<br />premises owned, leased, rented, or otherwise oc-
<br />cupied for a given use.
<br />
<br />Occupant means any person, including the
<br />owner or operator, living, sleeping, cooking, and
<br />eating in a dwelling unit, or living and sleeping in
<br />a rooming unit.
<br />
<br />ELK RIVER CODE
<br />
<br />Office / Showroom space means space that is
<br />utilized primarily for the display of products
<br />manufactured. Such space mayor may not be
<br />finished.
<br />
<br />On-sale liquor establishment has the meaning
<br />given in chapter 6.
<br />
<br />Operate means to charge a rental charge for
<br />the use of a unit in a rental dwelling.
<br />
<br />Operator means the owner or his agent who
<br />has charge, care, control, or management of a
<br />building, or part thereof, in which dwelling units
<br />or rooming units are let.
<br />
<br />Ordinary high-water level, as used in article
<br />VI, divisions 12 and 13, of this chapter, means the
<br />boundary of public waters and wetlands, and
<br />shall be an elevation delineating the highest
<br />water level which has been maintained for a
<br />sufficient period of time to leave evidence upon
<br />the landscape, commonly that point where the
<br />natural vegetation changes from predominantly
<br />aquatic to predominantly terrestrial. For water-
<br />courses, the ordinary high-water level is the ele-
<br />vation of the top of the bank of the channel. For
<br />reservoirs and flowages, the ordinary high-water
<br />level is the' operating elevation of the normal
<br />summer pool. In areas where the ordinary high-
<br />water level is not evident, setbacks shall be mea-
<br />sured from the stream bank of the following water
<br />bodies that have permanent flow or open water:
<br />the main channel, adjoining side channels, back-
<br />waters, and sloughs.
<br />
<br />*' Outlot means a remnant from a subdivision
<br />that is not a developable piece of property unless
<br />replatted in accordance with city ordinances.
<br />
<br />Owner, as used in article V of this chapter,
<br />means an individual or legal entity having suffi-
<br />cient legal interest in the land sought to be
<br />subdivided to commence and maintain proceed-
<br />ings to subdivide the land under article V of this
<br />chapter.
<br />
<br />Owner, as used in article III of this chapter,
<br />means any person who, alone, jointly, or severally
<br />with others, shall be in actual possession of, or
<br />have charge, care, or control of, any dwelling,
<br />dwelling unit, or rooming unit within the city as
<br />owner, employee, or agent of the owner, or as
<br />
<br />CD30:24
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