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NONCONFORMING USE: the use of a structure, land, or both, lawfully <br />in existence on the effective date of this ordinance which does <br />not conform to the requirements applicable thereto contained in <br />this ordinance, or which does not conform to provisions of this <br />ordinance as subsequently amended. <br /> <br />ORDINARY HIGH WATER LEVEL: an elevation delineating the highest <br />water level which has been maintained for a sufficient period of <br />time to leave evidence upon the landscape. In areas where the <br />ordinary high water level is not evident, setbacks shall be <br />measured from the stream bank of the following water bodies that <br />have permanent flow or open water: the main channel, adjoining <br />side channels, backwaters, and sloughs. <br /> <br />PUBLIC WATERS: any waters as defined in Minnesota Statutes, <br />Section 103G.005, subdivisions 15 and 18. <br /> <br />SELECTIVE CUTTING: the removal of single scattered trees. <br /> <br />SETBACK: the minimum horizontal distance between a structure and <br />sewage treatment system and the ordinary high water level, top of <br />a bluff, road, or highway. <br /> <br />SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system <br />or other individual or cluster type sewage treatment system as <br />described and regulated in Section 908.06(8) of this ordinance. <br /> <br />SHORE IMPACT ZONE: land located between the ordinary high water <br />level of a public water and a line parallel to it at a setback of <br />50 percent of the structure setback. <br /> <br />SINGLE FAMILY DWELLING: a detached building containing one <br />dwelling unit. <br /> <br />STRUCTURE: any building, sign, deck, or appurtenance thereto, <br />except aerial or underground utility lines, such as sewer, <br />electric, telephone, telegraph, or gas lines, including towers, <br />poles, and other supporting appurtenances. <br /> <br />SUBDIVISION: land that is divided for the purpose of sale, rent, <br />or lease, including planned unit development. <br /> <br />VARIANCE: any modification or variation of this ordinance where it <br />is determined that by reason of exceptional circumstances, the <br />strict enforcement of an ordinance provision would cause <br />unnecessary hardship. This shall be evaluated according to <br />provisions contained in Section 906.04 of this ordinance. <br /> <br />WETLAND: land that is annually subject to periodic or continual <br />inundation by water and commonly referred to as a bog, swamp, or <br />marsh. <br /> <br /> <br />