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<br />2.722 Nonconformity. "Nonconformity" means any legal use, structure or parcel of
<br />land already in existence, recorded, or authorized before the adoption of official
<br />controls or amendments thereto that would not have been permitted to become
<br />established under the terms of the official controls as now written, if the official
<br />controls had been in effect prior to the date it was established, recorded or
<br />authorized.
<br />
<br />2.722 Ordinary high water level, "Ordinary high water level" means the boundary of
<br />public waters and wetlands, and shall be an elevation delineating the highest
<br />water level which has been maintained for a sufficient period of time to leave
<br />evidence upon the landscape, commonly that point where the natural vegetation
<br />changes from predominantly aquatic to predominantly terrestrial. For
<br />watercourses, the ordinary high water level is the elevation of the top of the bank
<br />of the channel. For reservoirs and flowages, the ordinary high water level is the
<br />operating elevation of the normal summer pool.
<br />
<br />2.723 Planned unit development. "Planned unit development" means a type of
<br />development characterized by a unified site design for a number of dwelling units
<br />or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually
<br />involving clustering of these units or sites to provide areas of common open
<br />space, density increases, and a mix of structure types and land uses. These
<br />developments may be organized and operated as condominiums, time-share
<br />condominiums, cooperatives, full fee ownership, commercial enterprises, or any
<br />combination of these, or cluster subdivisions of dwelling units, residential
<br />condominiums, townhouses, apartment buildings, campgrounds, recreatioual
<br />vehicle parks, resorts, hotels, motels, and conversions of structures and land uses
<br />to these uses.
<br />
<br />2.724 Public waters. "Public waters" means any waters as defined in Minnesota
<br />Statutes, section 103G.005, subdivisions 15 and l5a.
<br />
<br />2.725 Residential planned unit development. "Residential planned unit development"
<br />means a use where the nature of residency is non-transient and the major or
<br />primary focus of the development is not service-oriented. For example,
<br />residential apartments, manufactured home parks, time-share condominiums,
<br />townhouses, cooperatives, and frill fee ownership residences would be
<br />considered as residential planned unit developments. To qualify as a residential
<br />planned unit development, a development must contain at least five dwelling
<br />units or sites.
<br />
<br />2.726 Setback. "Setback" means the minimum horizontal distance between a structure,
<br />sewage treatment system, or other facility and an ordinary high water level,
<br />sewage treatment system, top of a bluff, road, highway, property line, or other
<br />facility.
<br />
<br />2.727 Sewage treatment system. "Sewage treatment system" means a septic tank and
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