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4. Interpretation - In their interpretation and application, the provisions of this Ordinance sha[
<br /> be held to be minimum requirements and shall not be deemed a limitation or repeal of any other
<br /> powers granted by Minnesota Statutes.
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<br /> 5. Severability - If any section, clause, provision, or portion of this Ordinance is adjudged
<br /> unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance
<br /> shall not be affected thereby.
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<br /> 6. Abrogation and Greater Restrictions - It is not intended by this Ordinance to repeal,
<br /> abrogate, or impair any existing easements, covenants, deed restrictions, or land use controls.
<br /> However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall
<br /> ~revail. In case of conflict between a provision of the Minnesota Wild, Scenic, and Recreational
<br /> ivers Act or Rules, provisions of existing ordinances, or some other law of this state, the more
<br /> protective provision shall apply. All other Ordinances inconsistent with this Ordinance are hereby
<br /> repealed to the extent of the inconsistency only.
<br />
<br /> 7. Definitions - For the purpose of this Ordinance, certain terms or words used herein shall be
<br /> interpre'~-~ ~' ~'~llows below. For the purpose of this Ordinance, the words "must" and "shall" are
<br /> mandatory and not permissive. All distances, unless otherwise specified, shall be measured
<br /> horizontally. Where certain terms are not defined but are used herein and subject to provisions in
<br /> Section 904 of this Ordinance, the terms shall be interpreted as defined in Section 904.
<br />
<br /> _ luff~impact zon ,e~;means a bluff and land located within 20 feet from the top of a bluff.
<br /> / (2) "Building line" means that line measured across the width of the lot at the point where
<br /> {h~ main structure is placed in accordance with setback provisions.
<br /> / {h~ m
<br /> (3) "Clear cutting" means the removal of an entire stand of vegetation.
<br />~-) (4) "Commissioner" means the Commissioner of the Department of Natural Resources.
<br />
<br /> 05) "Conditional use" means a use of land which is permitted only when allowed by the City
<br /> f Elk River after a public hearing, if certain conditions are met which eliminate or minimize
<br /> the incompatibility with other permitted uses of the district.
<br />
<br /> 6) "Deck" means a horizontal, unenclosed platform with or without attached railings., seats,
<br /> rellises, or other features, attached or functionally related to a principal use or site aha at any
<br /> point extending more than thirty inches above ground.
<br />
<br /> (a7~ "Duplex, tril~lex, and quad" means a dwelling structure on a single lot, having two, .three.,
<br /> nh four hnits re'spectively~ being attached by common walls and each unit equippecl wim
<br /> separate sleeping, cooking, eating, living, and sanitation facilities.
<br />
<br /> (8) "Dwelling unit" means any structure or portion of a structure, or other shelter designed
<br /> as short- or long-term 1Mng quarters for one or more persons, including rental or time-share
<br /> accommodations such as motel, hotel, rooms and cabins.
<br />
<br /> (9) "Essential services" means underground or overhead gas, electrical, stea, m, or water
<br /> distribution systems; collection, communication, sup~ply, or disposal systems, inc~uaing poles,
<br /> wires, mains, drains, sewers, pipes, conduits, cables, nrc alarm boxes, traffic signals, hydrants
<br /> and other similar equipment and accessories in conjunction therewith; but not includin,'
<br /> buildings or transmission services.
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