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FINAL ORDINANCE NO. 80-85
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FINAL ORDINANCE NO. 80-85
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V. Nonconformity. "Nonconformity" means any legal use, structure or <br />parcel of land already in existance, recorded, or authorized <br />before the adoption of zoning regulations or amendments thereto <br />that would not have been permitted to become established under <br />the terms of the zoning regulations as now written, if the zoning <br />regulations had been in effect prior to the date it was <br />established, recorded or authorized. <br />W. Ordinary High Water ELEVATION. "Ordinary High Water Elevation" <br />(OHW) means the boundary of public waters and wetlands, and shall <br />be an elevation delineating the highest water level which has <br />been maintained for a sufficient period of time to leave evidence <br />upon the landscape, commonly that point where the natural <br />vegetation changes from predominantly aquatic to predominantly <br />terrestrial. For watercourses, the ordinary high water level is <br />the elevation of the top of the bank of the channel. For <br />reservoirs and flowages, the ordinary high water level is the <br />operating elevation of the normal summer pool. <br />X. Public Waters. "Public Waters" means any waters as defined in <br />Minnesota Statutes, Section 105.37, Subdivisions 14 and 15. <br />Y. Setback. "Setback" means the minimum horizontal distance between <br />a structure, sewage treatment system, or other facility and an <br />ordinary high water level, sewage treatment system, top of a <br />bluff, road, highway, property line or other facility. <br />Z. Sewage Treatment System. "Sewage Treatment System" means a <br />septic tank and soil absorption system or other individual or <br />Cluster type sewage treatment system as described and regulated <br />in Section 5.8 of this ordinance. <br />as. Sewer System. "Sewer System" means pipelines or conduits, <br />pumping stations and forcemain, and all other construction, <br />devices, appliances or appurtenances used for conducting sewage <br />or industrial waste or other wastes to a point of ultimate <br />disposal. <br />bb. Shore Impact Zone. "Shore Impact Zone" means land located <br />between the ordinary high water level of a public water and a <br />line parallel to it at a setback of 50 percent of the structure <br />setback. <br />cc. Shoreland. "Shoreland" means land located within the following <br />distances from public waters: 1,000 feet from the ordinary high <br />water level of a lake, pond or flowage; and 300 feet from a river <br />or stream, or the landward extent of a floodplain designated by <br />ordinance on a river or stream, whichever is greater. The limits <br />of shorelands may be reduced whenever the waters involved are <br />bounded by topographic divides which extend landward from the <br />waters for lesser distances and when approved by the <br />Commissioner. <br />- 4 - <br />
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