§ 8.03 DEFINITIONS AND ACRONYMS.

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING OR STRUCTURE. A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use.

   ACCESSORY USE. A use that is subordinate in area, extent and purpose to the principal use. It is clearly incidental and related to the principal structure, building or use of land, and located on the same lot as that of the principal structure, building or use.

   ADULT USE-BODY PAINTING STUDIO. A business or establishment that provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a person when such body is wholly or partially nude in terms of “specified anatomical area”.

   ADULT USE-BOOKSTORE OR SEXUAL PARAPHERNALIA STORE. A building or portion of a building used for the barter, rental, or sale of any one of the following:

      (1)   Printed matter, pictures, slides, records, audio tape, videotape, DVD or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”; or

      (2)   Instruments, devices or paraphernalia that are design for use in connection with specified sexual activities.

   ADULT USE-CABARET. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age or which provides the service of listening to or engaging in conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-CONVERSATION/RAP PARLOR. A business or establishment that excludes minors by reason of age or which provides the service of listening to or engaging in conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-GOODS OR MATERIALS. Adult use goods or materials include, but are not limited to goods, materials, items, articles, clothing or services in which there is an emphasis on the presentation, display, depiction or descriptions of “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-HEALTH/SPORT CLUB. A health/sports club that excludes minors by reason of age or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-HOTEL/MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, or describing or relating to “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club that restricts minors by reason of age and which provides the service of massage if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-MINI MOTION PICTURE THEATER. A building or portion of a building with a capacity of less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

   ADULT USE-MODELING STUDIOS. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.

   ADULT USE-MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

   ADULT USE-NOVELTY BUSINESS. A business that has as a principal activity the sale of devices which stimulate human genitals or devices that are designed for sexual stimulation.

   ADULT USE-SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   ADULT USE-STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

   ADULT USES. Adult uses include, but are not limited to, adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public.

   ADULT USES-ACCESSORY. An adult use, business or establishment having no more than 10% of the floor area of the establishment in which it is located; or having no more than 20% of the gross receipts of the entire business operation; and not involving or including any activity except the sale or rental of merchandise.

   ADULT USES-PRINCIPAL. An adult use, business or establishment having more than 10% of the floor area of the establishment in which it is located; or having more than 20% of the gross receipts of the entire business operation derived from any adult use.

   AERIAL IRRIGATION (OF ANIMAL WASTE). The spreading of animal waste into the air with the aid of pipes, hoses, pumps and/or spraying nozzles. The spreading of liquid materials with the use of commercially produced manure spreaders is not considered AERIAL IRRIGATION.

   AGENCY. The Minnesota Pollution Control Agency (MPCA).

   AGGREGATED PROJECT. In reference to regulating wind energy conversion systems, aggregated projects are those which are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the AGGREGATED PROJECT.

   AGRICULTURE. 

      (1)   The use of land for the production for commercial purposes and on the farm use of livestock and livestock products, other animals and other animal products, poultry and poultry products and all crops, including, but not limited to, the following:

         (a)   Farm livestock and livestock products - domestic animals kept for use on the farm or raised for sale or profit, including but not limited to dairy and beef cattle, swine, sheep, goats, horses, bees, honey, milk, cheese, butter and meat;

         (b)   Other animals, except farm livestock, for their pelt, pleasure or sport, including, but not limited to, rabbits, mink, dogs, ponies, buffalo and deer; the term shall not include wild, exotic or predatory-type animals such as, but not limited to, tigers, panthers, wolves and the like;

         (c)   Domestically raised fowl for food and pleasure, including, but not limited to, chickens, turkeys, ducks, geese and game birds;

         (d)   Field crops, including, but not limited to, corn, milo, soybeans, sorghum, sunflowers, wheat, oats, rye, barley, hay, potatoes, beans and peas;

         (e)   Fruit, including, but not limited to, apples, plums, apricots, peaches, grapes, cherries and berries;

         (f)   Horticultural specialties, including, but not limited to, ornamental shrubs, trees and flowers; and

         (g)   Vegetables, including, but not limited to, tomatoes, snap beans, cabbage, carrots, beans, onions and sweet corn.

      (2)   The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished outside the public right-of-way.

      (3)   The term shall include the retail sale of seed and feed by the owner or occupant of agricultural land where such sales are secondary to other agricultural activities and there is no exterior evidence of such secondary use except farm dwellings or agricultural buildings.

   AGRICULTURAL FEED, MIXING AND BLENDING, SEED AND FERTILIZER SALES. An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

   AGRICULTURAL INTERPRETATION. Relating to, to act or concerning an instance to interpret, (to explain) agriculture as defined in Article 8.

   AGRICULTURAL OPERATION. A facility consisting of real or personal property used for the production of crops including fruit and vegetable production, tree farming, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged in processing agricultural products. AGRICULTURAL OPERATION shall also include certain farm activities and uses as follows: chemical and fertilizer spraying, farm machinery noise, extended hours of operation, manure collection, disposal, spreading or storing, open storage of machinery, feedlots, odors produced from farm animals, crops or products used in farming.

   AGRICULTURALLY-ORIENTED BUSINESS. A business primarily engaged in processing and packaging of agricultural products; including farm equipment service and repair, but not sales of farm equipment.

   AIRPORT or HELIPORT. Any land or structure which is used or intended for use for the landing and take-off of aircraft for commercial purposes and any such appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.

   ALLEY. A public right-of-way which affords a secondary means of access to abutting property.

   ALTERATIONS. Any enlargement; addition; relocation; change in a sign, by painting or otherwise; or other change in a facility, but excluding painting, except as provided above for signs; ordinary maintenance for which no building permit is required; and demolition or removal.

   ANIMAL CLINIC. See VETERINARY CLINIC.

   ANIMAL FEEDLOT (FEEDLOT). A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry shall be considered to be ANIMAL FEEDLOTS. Pastures, animal mortality composting facility and rendering pick-up structures shall not be considered ANIMAL FEEDLOTS under these parts.

   ANIMAL MANURE. Poultry, livestock or other animal excreta or mixture with feed, bedding, water or other materials.

   ANIMAL UNIT (A.U.). A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer.

   APARTMENT. A room or suite of rooms in a multiple family dwelling designed for, intended for, or used as a residence for one family or individual and equipped with cooking facilities.

   AUTHORIZED REPRESENTATIVE (SUBSURFACE SANITARY TREATMENT SYSTEM OR SSTS). An employee or agent of the County Public Health Services Department.

   AUTOMOBILE SERVICE STATION. A retail place of business engaged primarily in the sale of motor fuels but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automobile accessories and replacement items, washing and lubrication services and the performance of automotive maintenance and repair.

   BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. A BASEMENT shall be counted as a story if it has one-half or more of its height above the highest level of the adjoining ground and/or if it is intended to be used for dwelling or business purposes.

   BEDROOM. Any room or unfinished area within a dwelling that might reasonably be used as a sleeping room.

   BILLBOARD (SIGN-ADVERTISING). A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such a sign is located.

   BLUFF. A topographic feature such as a hill, cliff or embankment meeting the following criteria:

      (1)   The slope rises at least 15 feet from the toe of the slope to the top of the slope; and

      (2)   The grade of the slope from the toe of the slope to the top of the slope averages 30% or greater.

   BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

   BOARD OF ADJUSTMENT. A quasi-judicial body with powers and duties as defined in the County Unified Development Code and M.S. § 394.27, as it may be amended from time to time.

   BOARD OF COUNTY COMMISSIONERS. Waseca County Board of Commissioners.

   BOARDING HOUSE. A building, other than a hotel or apartment building, where for compensation and by pre-arrangement for definite periods, lodging and/or meals are provided for three or more persons, exclusive of the resident family and is not subject to group care licensing requirements of the State Department of Health.

   BOARDING STABLE. An establishment where horses are boarded and cared for, and where horses may be hired for riding.

   BOATHOUSE. A structure designed and used solely for the storage of boats, boating equipment and recreational equipment.

   BOND. Any form of security including cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the County Board. All BONDS shall be approved by the County Board whenever the bond is required by these regulations.

   BOULEVARD. The portion of the street right-of-way between the curb or curb line and the property line.

   BREWERY. A facility that produces for sale beer, ale or other beverages made from malt by fermentation and containing not less than 0.5% alcohol by volume.

   BUFFER. Areas or strips of land maintained in permanent vegetation designed for screening and/or to intercept pollutants from both surface and groundwater, which includes trees, shrubs and/or grasses.

   BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate BUILDING.

   BUILDING, AGRICULTURAL. All buildings, other than dwellings, which are incidental to a farming operation.

   BUILDING, “EARTH SHELTERED”. Any building constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth and the local building code standards are satisfied. Partially completed buildings shall not be considered EARTH SHELTERED.

   BUILDING HEIGHT. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.

   BUILDING, LOCAL GOVERNMENTAL (also LOCAL GOVERNMENT FACILITY). A structure owned and operated by a local governmental agency for the purpose of performing a service of government or conducting a public service.

   BUILDING SETBACK LINE. The line nearest the street and parallel to property boundary lines establishing the minimum open space to be provided between buildings and specified structures, street lines, property lines or the ordinary high water level and beyond which a structure may not extend.

   BUSBAR. The starting point of the electric transmission system.

   BUSINESS. A land use identified in the table of allowed and conditional uses within the categories of commercial recreation; commercial sales and service; other uses; and accessory uses and structures.

   CAMPGROUND. Any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis, for the accommodation of five or more units, consisting of tents, travel trailers, pick-up coaches, motor homes or camping trailers and whether use of such accommodation is granted free of charge or for compensation; provided, that nothing in this definition shall be construed to include children’s camps, industrial camps, migrant labor camps, as defined in the state statutes and State Board of Health regulations, and also shall not include United States forest service camps, state wildlife management areas or state owned public access areas which are restricted in use to picnicking and boat landing.

   CAMP, ORGANIZED GROUP. Land or premises containing structures designed to be used for organized camping. The structures include bunk houses, tent platforms, mess halls and cooking facilities, and playfields.

   CEMETERY. Land used or dedicated to the burial of the human dead, including mausoleums and maintenance facilities but excluding crematories.

   CERTIFICATE OF COMPLIANCE, FEEDLOT. A document from the Agency or the County Feedlot Officer to the owner/operator of an animal feedlot stating that the feedlot meets Agency requirements. Certificates of compliance or feedlot permits shall be deemed county and state feedlot permits for the purposes of this ordinance. The use of this document was discontinued on October 23, 2000 by the MPCA and is no longer valid.

   CERTIFICATE OF COMPLIANCE, SSTS. A document from a licensed sewage treatment inspector fully licensed by the state or a qualified employee, provided to the owner of property on which a dwelling is located which is required to have an individual sewage treatment system and to the Department of Public Health, certifying that the individual sewage treatment system is not a failing system nor an imminent threat to public health or safety, and, for new construction and replacement, is constructed in compliance with Minnesota Rules, Chapter 7080, as amended.

   CHANGE IN (THE) OPERATION. An increase beyond the permitted maximum number of animal units, an increase in the number of animal units which are confined at an unpermitted animal feedlot requiring a construction investment, or a change in the construction or operation of an animal feedlot that would affect the storage, handling, utilization or disposal of animal manure.

   CLASS V INJECTION WELL. A shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than 20 people. The U.S. Environmental Protection Agency and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 C.F.R. parts 144 and 146).

   CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.

   CLUB. A non-profit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

   CLUSTER SYSTEM. A SSTS under some form of common ownership that collects wastewater from three or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings.

   COFFEE SHOP. An informal restaurant primarily offering, coffee, tea and other beverages, and where light refreshments and limited menu meals may also be sold.

   COLD STORAGE PLANT. A building used for the refrigeration of food or other perishable items for commercial purposes.

   CO-LOCATE COMMUNICATION or CELL TOWER. To place one or more communication or cellular telephone towers on a single parcel of land or parcel of record.

   COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

   COMMISSIONER.

      (1)   In reference to regulating feedlots, Commissioner or Director means the Commissioner of the State Pollution Control Agency; or

      (2)   In reference to protecting natural resources the State Commissioner of Natural Resources.

   COMMUNICATION TOWER. A tower measuring 70 to 150 feet or less in height for radio, television or telephone communications.

   COMMUNITY CENTER. A building to be used as a place of meeting, recreation or social activity and not operated for profit unless as an accessory to a group care facility.

   COMMUNITY WATER SYSTEM. A source of water and/or water distribution system serving two or more building lots with the design and construction of such systems as approved by the county and state.

   COMPLIANCE INSPECTION. Any evaluation, investigation, inspection or other such process to make conclusions, recommendations or statements regarding an individual sewage treatment system to reasonably assure an individual sewage treatment system is in compliance as specified in Minnesota Rules, Chapter 7080.

   COMPOST (ANIMAL MORTALITY). A humus-like product derived from the control microbial degradation of organic material. Only animal mortality that is being processed in accordance with § 6.06(H)(2)(e) of this ordinance and Minnesota Rules, Part 1721.0740 is compost.

   COMPOST (MANURE). A humus-like product derived from the controlled microbial degradation of organic material. Only manure that has completed composting process as described in Minnesota Rules, Part 7020.2150 subpart 2 is compost.

   COMPREHENSIVE PLAN. Unless otherwise stated, is the general plan for land use, transportation, natural resources and community facilities prepared and maintained by the Planning Commission.

   CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). An animal feedlot meeting the definition of a CAFO in 40 C.F.R. § 122.23.

   CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in this ordinance exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood.

   CONDOMINIUM. The ownership of single units in a multi-unit structure with common areas and facilities.

   CONSERVATION EASEMENT. A voluntary agreement negotiated between a landowner and a public agency or charitable conservation organization in which the landowner agrees to place specific restrictions on the use and development of his or her property.

   CONSERVATION SUBDIVISION. An approach to land subdivision which is characterized by common open space and clustered lots.

   CONSTRUCTION SHORT FORM PERMIT. A permit issued for an animal feedlot or manure storage area according to Minnesota Rules, Parts 7020.0505 and 7020.0535.

   CONTRACTOR. An individual or company employed in the building trade or related businesses. CONTRACTORS include, but are not limited to, a general contractor, excavation contractor, landscaping or lawn care contractor, building contractor, to include electric, plumbing and heating contractor, demolition contractor, subsurface sewer treatment system installer or similar.

   CONTRACTOR’S YARD. An establishment used for the outdoor repair, maintenance or storage of a contractor’s vehicles, equipment or materials. A yard and/or building used by a general contractor, excavation contractor, landscaping or lawn care contractor, building contractor, to include electric, plumbing and heating contractor, demolition contractor, subsurface sewer treatment system installer or similar, where vehicles, equipment and materials are stored when not being used on a job site or where a contractor performs maintenance and repair on their own equipment. For the purposes of this definition, a CONTRACTOR'S YARD does not include assembly or manufacturing of products, or wholesale or retail sales or a temporary job construction site.

   CONVENTION CENTER. A facility designed to accommodate 300 or more persons and used for conventions, conferences, seminars, product displays, social functions, entertainment events and food and beverage preparation and service for on-premise consumption.

   CONVENIENCE GAS AND GOODS SALES. A place where gasoline, motor oil, lubricants or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket.

   CORRECTIVE ACTION. Any action required by any Department to ensure compliance or conformance with this ordinance and state regulations.

   CORRECTIVE OR PROTECTIVE MEASURE. A practice, structure, condition or combination thereof, which prevents or reduces the discharge of pollutants from an animal feedlot to a level in conformity with Agency rules.

   COUNTRY CLUB. A club with recreational facilities for members, their families and invited guests.

   COUNTY. Waseca County.

   COUNTY BOARD. Includes the words “Board”, “County Commissioners”, the “Board of County Commissioners” or any other word or words meaning the “Waseca County Board of Commissioners”.

   COUNTY ENGINEER. The Waseca County Engineer.

   CUL-DE-SAC. A minor street or road with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

   DANCE HALL. An establishment in which more than 10% of the total floor is designed or used as a dance floor, or where an admission fee is directly collected, or some other form of compensation is obtained for dancing.

   DAYCARE CENTER. A facility that provides for non-medical care to children under 18 years of age in need of personal services, supervision or assistance on a less than 24-hour per day basis.

   DAYCARE, FAMILY. A single-family, owner-occupied dwelling or unit where less than 24-hour per day, non-medical care and supervision is provided for six or fewer unrelated individuals, which does not exceed the limitation of a single-family unit.

   DAYCARE, GROUP FAMILY. A single-family, owner-occupied dwelling or unit where less than 24-hour per day, non-medical care and supervision is provided for seven to 12 unrelated individuals.

   DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principle use or site and at any point extending more than three feet above ground.

   DENSITY. The number of dwelling units permitted per net acre of land.

   DESIGN FLOW. The daily volume of wastewater for which an SSTS is designed to treat and discharge.

   DESIGN STANDARDS. The specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indication among other things, the optimum, minimum or maximum dimensions of such items as right-of-way, blocks, easements and lots.

   DISCHARGE. The addition of a pollutant to waters of the state, including a release of animal manure, manure-contaminated runoff or process wastewater from an animal feedlot, a manure storage area or an animal manure land application site by leaking, pumping, pouring, emitting, emptying, dumping, escaping, seeping, leaching or any other means. DISCHARGE includes both point and nonpoint source discharges.

   DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.

   DISTRICT. Refers to the zoning districts identified in the Waseca County Unified Development Code.

   DITCH. An earthen structure used to convey water to another area.

   DOMESTIC FERTILIZER.

      (1)   Animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or

      (2)   Animal manure that is used as compost, soil conditioners, or specialized plant beds.

   DRIVING RANGE. An area equipped with distance markers, clubs, balls and tees for practicing golf drives and putting, but excludes miniature golf courses.

   DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family and multiple-family units, but not including hotels, motels, boarding or lodging houses.

   DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

   DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities and also includes rental or timeshare accommodations such as motel, hotel and resort rooms and cabins.

   DWELLING, MULTI-FAMILY. A dwelling designed for or occupied by three or more families living independently of each other; the term includes townhouses as defined herein.

   DWELLING, SINGLE-FAMILY DETACHED. A dwelling containing accommodations for and occupied by one family that does not share a common wall with another dwelling.

   DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.

   EASEMENT. A grant by a property owner for the use of a specified part of the property by the public, a corporation or persons for specific purposes such as constructing and maintaining drives, utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewers or storm drainageways and gas lines.

   ELECTRONIC MESSAGE CENTER SIGNS. Signs whose alphabetic, pictographic or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. ELECTRONIC MESSAGE CENTERS include two types:

      (1)   COMPUTER CONTROLLED VARIABLE MESSAGE CENTER SIGNS. Signs whose informational content can be changed or altered by means of computer-driven electronic impulses; and

      (2)   FIXED MESSAGE ELECTRONIC MESSAGE SIGNS. Signs whose basic informational content has been pre-programmed to include only certain types of information projection, such as time, temperature and date.

   ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW). A brief document, which is designed to set out the basic facts necessary to determine if an environmental impact statement is required for a proposed project.

   ENVIRONMENTAL IMPACT STATEMENT (EIS). A thorough study of a project with potential for significant environmental impacts, including evaluation of alternatives and mitigation.

   ENVIRONMENTAL QUALITY BOARD (EQB). The Minnesota Environmental Quality Board (EQB) is responsible for the EAW and EIS program. The EQB consists of the commissioners from various state government units and several appointed citizen members. The EQB is separate from the Minnesota Pollution Control Agency (MPCA).

   EROSION AND SEDIMENT CONTROL PLAN (ESC). An ESC is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction related land disturbances, fills and soil storage occur, and before final improvements are completed.

   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health, safety, morals and general welfare, but not including buildings.

   ESTABLISHED DATE OF OPERATION. For the purposes of this section, the established date of operation shall be the date on which the agricultural operation commenced.

   ETHYL ALCOHOL. A colorless, flammable liquid produced by fermentation of sugars (CH3 CH 2 OH).

   EVENT. A company of persons gathered together at any location at any single time for any purpose.

   EVENT CENTER/INDOOR RECREATION FACILITY. A facility located on land of five acres or larger that provides for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose rooms and may include a warming kitchen, that are available for use by various groups of less than 200 persons for such activities as indoor sports, such as racket ball, tennis or basketball, meetings, parties, weddings, receptions, and dances. Event center activities include such activities as graduations, anniversary parties, and holiday gatherings.

   EXHIBIT HALL. A facility designed to accommodate 300 or more persons and used for conventions, conferences, seminars, product displays, social functions and entertainment events.

   EXPANSION. In reference to regulating feedlots, any change in a feedlot operation that results in an increase in animal units, or enlargement or addition of livestock buildings or manure storage structures.

   FACILITY. A building or structure, often with accessory buildings or structures, that serve an expressed purpose.

   FAILURE TO PROTECT GROUNDWATER. At a minimum, a SSTS that does not protect groundwater is considered to be a SSTS with less than the required vertical separation distance, described in Minnesota Rules, Part 7080.1500 Subp. 4 D and E; and a system not abandoned in accordance with part 7080.2500. The determination of the threat to groundwater for other conditions must be made by a qualified employee or an individual licensed pursuant to § 5.02(P) of this ordinance.

   FALL ZONE. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.

   FAMILY. Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit or a group of not more than four persons not so related maintaining a common household, as distinguished from a group occupying a boarding house, group home, lodging house, hotel, motel, club, fraternity or sorority house.

   FARM. A tract of land 35 acres or more in size, which is principally used for agricultural activities such as the production for sale of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, nursery stock, fruit, vegetables, forage, grains and bees. Such FARM may include farm dwellings and accessory buildings and structures necessary to the operation of the FARM. Slough, wasteland and woodland contiguous to or surrounded by agricultural land shall be considered agricultural in use if under the same ownership and management.

   FARM ENTERPRISE. Commercial, educational, recreational or entertainment activities that are accessory to and operated in conjunction with agricultural uses. FARM ENTERPRISES include pick-your-own operations, processing and retail sales of farm products, farm tours, petting zoos, corn mazes, farm stays, retreat centers, horse shows and special events held in farm buildings or outdoors. This definition is distinct from “seasonal produce stand”, which is a more limited use.

   FARM WINERY. A winery operated by the owner of a state farm and producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients grown or produced in the state.

   FARMING. The business of cultivating land or employing it for the purposes of husbandry; the cultivation and fertilization of the soil as well as caring for and harvesting the crops.

   FARMLAND. Any land used in conjunction with a farming operation.

   FARMLAND, NON-PRODUCTIVE. Land that cannot be farmed due to, but not limited to, the following conditions: excessive slope, wooded area, high water table, adverse topographical conditions and the like.

   FARMLAND, PRODUCTIVE. Land on which a profitable crop can be grown and having a slope, soil and water table suitable for crop production. Land which is of soil classifications of Class I-II-III soils as rated in the “Soil Survey-Waseca County” by the United States Department of Agriculture, Soil Conservation Service shall be considered to be productive farmland.

   FARMSTEAD. The area which includes the farm dwelling and other buildings in close proximity to the farm dwelling for management, storage, livestock and the like for a farming operation.

   FEEDER LINE. Power lines that transport electrical power from one or more wind turbines to the point of interconnection with a high voltage transmission line.

   FEEDLOT (NEW). A feedlot constructed and operated at a site where no feedlot existed previously or where a pre-existing feedlot has been abandoned or unused for a period of five years.

   FEEDLOT OFFICER. The county employee who is knowledgeable in agriculture, designated by the County Board to receive and process feedlot permits and applications, and identified by the MPCA as the Feedlot Pollution Control Officer.

   FEEDLOT OPERATOR. An individual, corporation, group of individuals, partnership, joint venture, owner or any other business entity having charge or control of one or more livestock feedlots, poultry lots or other animal lots.

   FEEDLOT RUNOFF. The movement of water from a feedlot, either in the form of rainfall, snow, or as water from a waterway, ditch and the like, passing through a feedlot, carrying particles of manure as well as soil into a body of water and thereby constituting a potential pollution hazard.

   FISH HATCHERY. An establishment or premises used for the cultivation of fish or other aquatic or marine life for commercial, recreational or educational purposes.

   FLEA MARKET. An outdoor commercial activity, not including shopping centers or individual retail operations, or sales conducted by a non-profit or charitable organization, that is open to the general public and used for the sale of merchandise by five vendors or more.

   FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

   FLOOD FRINGE. The portion of the floodplain outside of the floodway.

   FLOODPLAIN. The channel or beds proper and the areas adjoining a wetland, lake or watercourse, which have been, or hereafter may be covered by the regional flood. FLOODPLAIN areas within the county shall encompass all areas designated as Zone A on the flood insurance rate map.

   FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, including basements and attached accessory buildings.

   FOREST PRESERVE, NATURE PRESERVE. Areas intended to remain in a predominately natural or undeveloped state to provide resource protection and possible opportunities for passive recreation and environmental education for present and future generations.

   FORESTRY. The use and management including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings and fences.

   FRONTAGE. All the property fronting on one side of a street between the nearest intersecting street or between a street and a right-of-way, waterway or other similar barrier.

   GAME ARCADE. Any commercial building in which there are more than three amusement game machines on the premise which are available to the public. An ARCADE may contain commercial recreational machines or games other than amusement game machines.

   GARAGE, PRIVATE. An accessory building designed for or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory, and in which no business service or industry is conducted.

   GARAGE, REPAIR. A building or space for the maintenance of vehicles but not including auto wrecking or junk yards.

   GARAGE, TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.

   GIS. Geographic information systems; land use and natural resource mapping technology.

   GO-CART TRACK. A course designed for the operation of open-wheeled motorized vehicles with an engine displacement of no greater than 100cc.

   GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways and hazards; may include a clubhouse and shelters as accessory uses.

   GOLF COURSE, MINIATURE. A theme-oriented recreational facility, typically comprised of nine or 18 putting greens, each with a cup or a hole where patrons pay to play.

   GOVERNING BODY. The Waseca Board of County Commissioners.

   GOVERNMENTAL AGENCY, LOCAL. Any political subdivision, regional governmental unit, district, municipal or public corporation, including cities, towns and counties and their legislative bodies.

   GRADE. The slope of a road, street or other public way, specified in percentage terms.

   GRAIN ELEVATORS/STORAGE STRUCTURES. Any structure that is used for storage and does not have a door or other entranceway into a dwelling unit and that does not have water fixtures within its confines, the use of which is limited solely to storage of inanimate objects.

   GREENHOUSE, NURSERY, TREE FARM. Land, buildings, structures or combinations thereof for the storage, cultivation and transporting of live trees, shrubs or plants, a portion of which are offered for retail sale on the premises, and including products used for gardening and landscaping.

   GREENHOUSE (COMMERCIAL), GARDEN STORE. Land, buildings, structures or combinations thereof for the storage, cultivation and transporting of live trees, shrubs or plants, a portion of which are offered for retail sale on the premises, and including products used for gardening and landscaping.

   GROUNDWATER. Water contained below the surface of the earth in a saturated zone.

   GROUP CARE FACILITY. A home designed and licensed to provide care for persons requiring or receiving personal care or custodial care complying with the standards established by the State Board of Health.

   GROUP HOME. A home designed and licensed to provide care for persons requiring or receiving personal care or custodial care complying with the standards established by the State Board of Health.

   GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

   HARDSHIP. As used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a HARDSHIP if reasonable use for the property exists under the terms of this ordinance. No variance shall be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.

   HEALTH CLUB. A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities or other customary recreational activities.

   HIGH-VOLTAGE TRANSMISSION LINE. A conductor of electric energy and associated facilities designed for and capable of operation at a nominal voltage of 100 kilovolts or more and is greater than 1,500 feet in length.

   HIGHWAY. Any public road, thoroughfare or vehicular right-of-way with a federal, state or county numerical route designation.

   HIGHWAY MAINTENANCE SHOP. A government facility or temporary construction area used for the storage of equipment and materials related to maintaining or constructing public highways and rights-of-way.

   HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling place and which does not change the character thereof or have any exterior evidence of such secondary use.

   HOUSING, TEMPORARY WORKER. Any living quarters permanently maintained for employees to occupy on a seasonal basis for not more than six months per year.

   HUNTING CLUB. Buildings and facilities owned and operated by a corporation, association or persons dedicated to recreational hunting.

   HUNTING PRESERVE. Any commercial venture on private property where game animals are hunted, both in and out of designated hunting seasons, but not including the renting of land by its owner to a private person or party for the exclusive use of the land for hunting during a designated hunting season. A HUNTING PRESERVE does not include a hunting lodge or other residential use.

   HUNTING SHACK. A primitive structure with no utilities or indoor plumbing utilized for short- term habitation and enjoyment of the natural environment.

   IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY. At a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches or stormwater drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; a seepage pit, cesspool, drywell, leaching pit or other pit; or sewage tanks with unsecured, damaged or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a qualified employee or a SSTS inspection business licensed pursuant to Article 5 hereof.

   IMPROVEMENTS. Any on-site sewage system, water system, drainage system, streets, fence, gate, wall, landscaping or other facility which constitutes a physical betterment to real property.

   INCORPORATED. In reference to regulating feedlots, when manure is surface applied and mixed into the soil within 24 hours of application.

   INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.

   INDUSTRY. A land use identified in the Table of Allowed and Conditional Uses within the categories of Agricultural, Natural Resources and Related and Industrial.

   INDUSTRIAL WASTE. Sewage containing waste from activities other than sanitary waste from industrial activities including, but not limited to, the following uses defined under the Standard Industrial Classification (SIC) Codes established by the U.S. Office of Management and Budget.

SIC Code(s)	Industry Category
753-7549	Automotive Repairs and Services
72,317,241	Beauty Shops, Barber Shops
7211-7219	Laundry Cleaning and Garment Services
4011-4581	Transportation (Maintenance only)
8062-8069	Hospitals
2000-3999	Manufacturing
2000-2099	Food Products
2100-2199	Tobacco Products
2400-2499	Lumber and Wood Products, except Furniture
2500-2599	Furniture and Fixtures
2600-2699	Paper and Allied Products
2700-2799	Printing, Publishing and Allied Industries
2800-2899	Chemicals and Allied Products
2900-2999	Petroleum Refining and Related Industries
3000-3099	Rubber and Miscellaneous Plastics
3100-3199	Leather Tanning and Finishing
3200-3299	Stone, Clay, Glass and Concrete Products
3300-3399	Primary Metal Industries
3400-3499	Fabricated Metal Products (except machinery, and transportation equipment)
3500-3599	Industrial and Commercial Machinery and Computer Equipment
3700-3799	Transportation Equipment
3800-3899	Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks
3900-3999	Miscellaneous Manufacturing Industries

 

   INDUSTRIAL WASTEWATER TREATMENT FACILITY. A facility, not located on the same parcel where the wastewater is generated, which is used to remove from industrial process wastewater, any harmful chemicals, compounds, nutrients, organics, solids or other materials prior to being transported off-site for reuse or discharged into a stream or into the soil.

   INJECTED. When manure is mechanically implanted or tilled into the soil during the manure application.

   INSPECTOR, SSTS. An individual qualified to review proposed plans and inspect SSTS and who meets the licensure and registration requirements of the State Pollution Control Agency.

   INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

   INTERIM PERMIT. A permit issued for a feedlot by the Agency or the County Feedlot Officer, which expires no longer than 24 months from the date of issuance, that identifies the necessary corrective measures to abate potential pollution hazards and is in accordance with Minnesota Rules, Parts 7020.0505 and 7020.0535.

   INTERMITTENT STREAMS. Intermittent streams are those runoff channels with definable banks deep enough to restrict ordinary tillage practices from crossing the channel. These channels provide for water flow to perennial streams, lakes or wetlands during snowmelt or rainfall events.

   KENNEL. Any structure or premises where three or more dogs, cats or combination of both over four months of age are boarded, bred or offered for sale.

   LANDFILL, SANITARY. A state licensed site used for disposing of solid wastes, including organic materials such as garbage in an excavation and covered daily with earth in accordance with County Board of Health regulations and applicable state regulations.

   LAUNDRY. A business that provides a service to wash, dry or dry clean clothing or other fabrics for patrons.

   LAUNDROMAT. A facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron.

   LIBRARY. A public facility for the use, but not the sale, of literary, musical, artistic or reference materials.

   LICENSED RESIDENTIAL PROGRAM. Shall have the meaning given in M.S. § 245A.02, Subdivision 14, as it may be amended from time to time, or successor statutes.

   LIQUOR LICENSE. Any of the following licenses issued or approved by the county pursuant to M.S. Chapter 340A, as it may be amended from time to time:

      (1)   On-sale or off-sale 3.2% malt liquor license;

      (2)   On-sale or off-sale intoxicating liquor license;

      (3)   On-sale wine license; or

      (4)   Consumption and display permit (set-ups).

   LICENSED ENGINEER. A person licensed as a professional engineer by the state.

   LIVESTOCK SALES BARN. A commercial establishment where livestock is collected for sale or auctioning.

   LIVING CENTER, ASSISTED. A home designed and licensed to provide care for the aged or infirmed persons requiring or receiving personal care or custodial care complying with the standards established by the State Board of Health.

   LOT. A parcel, piece or portion of land abutting a private or public street, designated by metes and bounds, registered land survey, auditor’s plat or other means and separated from other parcels or portions by the description for the purpose of sale, lease or separation thereof.

   LOT, AREA. The area located within the lot lines and not including that portion of the platted lot which is presently being used as or dedicated for street or public right-of-way.

   LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

   LOT COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal building and its accessory structures, excluding projecting roof eaves.

   LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.

   LOT, DOUBLE FRONTAGE. A lot having frontage on two non-intersecting streets as distinguished from a corner lot.

   LOT, FRONTAGE. See LOT LINE, FRONT.

   LOT, INTERIOR. A lot other than a corner lot; including through lots.

   LOT LINE. The line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line.

   LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street and in the case of a corner lot it shall be the shortest dimension on a public street except that a corner lot in a nonresidential area shall be deemed to have frontage on both sides.

   LOT LINE, REAR. The boundary of a lot which is opposite the front lot line, except that where the rear lot line is less than ten feet in length or irregularly shaped, the rear lot line shall be a line ten feet in length within the lot, parallel to and most distant from the front lot line.

   LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

   LOT OF RECORD. A platted lot or metes and bounds parcel which has been recorded in the office of the County Register of Deeds prior to the effective date of this ordinance.

   LOT, PANHANDLE. A lot that does not front on a street and has access through a narrow strip of land or an easement. The handle or access of a PANHANDLE LOT is defined as “that portion of a panhandle lot that is 50 feet or less in width”.

   LOT, THROUGH. Any lot other than a corner lot which abuts more than one street

   LOT WIDTH. The shortest horizontal distance between the side lot lines of a lot measured parallel to the front line of the lot at the setback line.

   LUMBER YARD. An area used for the storage, distribution and sale of finished or rough-cut lumber and lumber products, but not the manufacture or processing of lumber products.

   MALFUNCTION. The partial or complete loss of function of a SSTS component, which requires a corrective action to restore its intended function.

   MALT LIQUOR. Any beer, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.

   MANAGEMENT PLAN. A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge.

   MANUFACTURE, FERTILIZER. A commercial operation for the processing or production of chemicals or other manufactured additives for agricultural or horticultural use.

   MANUFACTURED HOME. A structure, transportable in one or more sections, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. All MANUFACTURED HOMES shall bear a state seal as verification of construction and inspection to ANSI A119.1 standards during original construction (issued for manufactured homes build between July 1, 1972 to June 14, 1976) or, for manufactured homes built after that date a Federal Seal in accordance with HUD 24 C.F.R. part 3280, Construction Standards.

   MANUFACTURED HOME PARK. Any site, lot, field or tract of land upon which three or more manufactured homes having a width of less than 20 feet are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such MANUFACTURED HOME PARK. The term MANUFACTURED HOME PARK shall not be construed to include trailers, buildings, tents or other structures temporarily maintained by any individual or company on premises associated with a work project and used exclusively to house labor or other personnel employed in such work project.

   MANUFACTURING, GENERAL. The processing and manufacturing of materials or products predominantly from extracted or raw materials. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor storage or processing and incidental storage, sales and distribution of the products.

   MANUFACTURING, LIMITED. All uses which include the compounding, processing, packaging, treatment, or assembly of predominantly previously prepared materials and products into finished products. These uses will not generate objectionable influences that extend beyond the lot on which the use is located and include incidental storage, sales and distribution of the products.

   MANUFACTURING, NATURAL RESOURCE (ALSO: PROCESSING, NATURAL RESOURCE). All uses that may be conducted in an enclosed area which include the compounding, processing, packaging, treatment or assembly of predominantly natural indigenous materials and products into products

   MANURE MANAGEMENT PLAN. A plan which describes manure application and utilization techniques.

   MANURE STORAGE AREA. An area associated with an animal feedlot where animal manure or runoff containing animal manure is stored until it can be utilized as domestic fertilizer or removed to a permitted animal manure disposal site. Short-term and permanent stockpile sites and composting sites are MANURE STORAGE AREAS. Animal manure packs or mounding within the animal feedlot that are managed according to Minnesota Rules 7020.2000, subpart 3 shall not be considered to be MANURE STORAGE AREAS.

   MANURE STORAGE STRUCTURE. A structure where feedlot runoff, manure effluent or other diluted animal waste is stored or treated, including, but not limited to, earthen manure storage basins, earthen lagoons and concrete or glass lined storage.

   MANURE, LIQUID. Manure that contains less than 15% solid content.

   MANURE, SOLID. Manure which has at least a 15% solid content and contains added fibrous material excluding mineral solids.

   MEMORIAL GARDEN. Land used or dedicated to the burial of the dead, including mausoleums and maintenance facilities, but excluding crematories.

   METEOROLOGICAL TOWER. In reference to regulating wind energy conversion systems, meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the State Department of Transportation, or other similar applications to monitor weather conditions.

   METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.

   MICRO-DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use not to exceed 40,000 proof-gallons per calendar year.

   MINERAL EXTRACTION. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.

   MINING. The extraction of sand, gravel, rock, soil or other material from the land in the amount of 500 cubic yards or more and the removal thereof from the site without processing. It does not include:

      (1)   Excavations or extractions ancillary to the construction of any permitted building, structure or within a road right-of-way; or

      (2)   Excavations for the sole purpose of impounding water for agricultural, wildlife ponds, approved stormwater management ponds, erosion control or public utility purposes.

   MINOR. Person(s) under 18 years of age.

   MINOR REPAIR. The repair or replacement of an existing damaged or faulty component/part of an SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS.

   MODIFICATION. Any changes in the feedlot operation that do not result in an increase in animal numbers.

   MOTEL, HOTEL. A building or group of buildings used primarily for the temporary residence of motorists or travelers.

   MOTOR FREIGHT TERMINAL. A building or area in which freight brought by truck is transferred and/or stored for movement.

   MOTORSPORTS, ORGANIZED. The operation of motorized vehicles on tracks or trails (not including other vehicle racing, tracks or events).

   MUSEUM. An establishment for preserving or exhibiting artistic, historical, scientific, natural or human-made objects of interest.

   MPCA. Minnesota Pollution Control Agency.

   MSTS. A “mid-sized subsurface sewage treatment system” under single ownership that receives sewage from dwellings or other establishments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day.

   NATURAL RESOURCE MANUFACTURING, PROCESSING. All uses that may be conducted in an enclosed area which include the compounding, processing, packaging, treatment or assembly of predominantly natural indigenous materials and products into products.

   NONCONFORMING LOT. Any lot which does not comply with the minimum lot size requirements of the district in which it is located and which lawfully existed on the effective date of this ordinance.

   NONCONFORMING USE. Any use of land or structures which does not conform to the use restrictions for the district in which it is located and which lawfully existed prior to the effective date of this ordinance or on the date the use became nonconforming because of rezoning of the property or amendment to the text of this ordinance.

   NOTICE TO PROCEED. Any notice from a governmental agency authorizing the commencement of work or construction on a project.

   NOTICE OF NONCOMPLIANCE. A written document issued by the Public Health Services or a business licensed by the MPCA for inspection notifying a system owner that the owner’s on-site/cluster treatment system has been observed to be noncompliant with the requirements of this ordinance.

   NOXIOUS MATTER. Material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well being of individuals.

   NPDES. National Pollutant Discharge Elimination System/SDS State Disposal System permit is a permit issued by the MPCA for the purpose of regulating the discharge of pollutants from point sources, including concentrated animal feedlot operations.

   NRCS. Natural Resources Conservation Service.

   NURSERY, TREE FARM. Land, buildings, structures or combinations thereof for the storage, cultivation, sales and transporting of live trees, shrubs, or plants.

   NURSING HOME. A home designed and licensed to provide care for the aged or infirmed persons requiring or receiving personal care or custodial care complying with the standards established by the State Board of Health.

   OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into any channel, watercourse, lakebed or regulatory floodplain which may impede, retard or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.

   OCCUPANCY. The placement into service or the authorization of the use of a property or structure allowed under the Unified Development Code or authorized by a county permit.

   OFFICE, PROFESSIONAL OR MEDICAL. Nonresidential space that is used primarily by individuals and supporting staff involved in a recognized or certified professional or medical occupational field.

   OFFICE, OTHER THAN PROFESSIONAL OR MEDICAL. Nonresidential space that is used primarily for administrative, clerical or similar general office activities.

   OFFICE SERVICES. A retail establishment that provides materials and services used to perform professional, medical and other office operations. These may include duplicating services using photocopying, blueprint and offset printing equipment, the collating and binding of booklets and reports and the sale of office supplies.

   OFFICIAL MAP. The map established by the County Board, in accordance with state statutes, showing streets, highways and parks and drainage, both existing and proposed; the WASECA COUNTY ZONING MAP adopted by the County Board.

   OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building.

   ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands, which shall be an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL shall be the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

   OUTLOT. A “non-buildable” parcel or a parcel reserved for future development or future subdivision.

   OWNER. Any individual, firm, partnership, trust, corporation, company, association, organization, syndicate or other legal entity having sufficient property interest in a property to commence and maintain proceedings under this ordinance, or the owner of record.

   OUTDOOR DISPLAY. The placement of items in an exterior unenclosed place. These items include, but are not limited to: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; portable storage containers but excluding trash containers or garbage dumpsters that are accessory to the main use; and automobiles, trucks, automobile trailers, semi-trailers, intermodal cargo containers or other vehicles not used for more than five days.

   PAINTBALL COURSE. An area that is designed and used for any game or event that involves using guns or devices that shoot capsules of paint or dye.

   PARCEL. A piece of land having its own dimensions, as described by plat, metes and bounds, or by reference to a section or partial section and recorded with the County Recorder as the property of a person.

   PARKING SPACE. A surfaced and maintained area for the storage of one standard automobile conforming to typical parking standards.

   PARKING FACILITY. All areas, spaces and structures designed, used, required or intended to be used for the parking of more than three motor vehicles.

   PARK. Areas of land owned by a state, county, city or township and designated for public recreational use.

   PARTIAL CONFINEMENT FEEDLOT BUILDING. Livestock inside a feedlot building and outside a feedlot building in a feedlot confinement area.

   PASTURES. Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetative ground cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or water devices.

   PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.

   PERMANENT STOCKPILING SITE. A manure storage area where manure is stored or processed that does not meet the requirements of Minnesota Rules, Part 7020.2125 subpart 2.

   PERMIT, (FEEDLOT) COUNTY. A document issued by the county animal feedlot pollution control officer which may contain requirements, conditions or schedules for achieving compliance with the discharge standards and requirements for management of animal manure construction or operation of animal holding areas or manure storage areas.

   PERMIT, (FEEDLOT) STATE. A document issued by the Agency which may contain requirements, conditions or schedules for achieving compliance with the discharge standards and requirements for management of animal manure construction or operation of animal holding areas or manure storage areas.

   PERSON. Any individual, firm, partnership, trust, corporation, company, association, organization, joint stock association or political subdivision; including any executor, administrator, trustee, receiver, assignee or other similar representative thereof.

   PLANNING COMMISSION. The County Planning Commission duly appointed by the County Board with powers and duties as defined in the County Unified Development Code.

   PLAT, FINAL. A drawing in final form, showing a proposed subdivision or site plan containing all information and details required by state statute and by County Board, and which if approved, may be duly filed with the County Recorder.

   PLAT, PRELIMINARY. A drawing clearly marked “preliminary plat” showing the salient features of a proposed subdivision.

   POLICE RELATED SERVICE CALLS. Requests for assistance made to any public law enforcement agency from a neighboring resident, a victim of crime, a patron of the establishment or the management of the adult use. Such calls may include but are not limited to: assaults; disorderly conduct; indecent exposure; prostitution; and trespassing.

   POTENTIAL POLLUTION HAZARD. An animal feedlot or manure storage area that:

      (1)   Does not comply with the requirements of Minnesota Rules, Parts 7020.2000 to 7020.2225 and has not been issued an SDS or NPDES permit establishing an alternative construction or operating method; or

      (2)   Presents a potential or immediate source of pollution to waters of the state as determined by inspection by the County Feedlot Officer, taking into consideration the following:

         (a)   The size of the animal feedlot or manure storage area;

         (b)   The amount of pollutants reaching or that may reach waters of the state;

         (c)   The location of the animal feedlot or manure storage area relative to waters of the state;

         (d)   The means of conveyance of animal manure or process wastewater into waters of the state; and

         (e)   The slope, vegetation, rainfall and other factors affecting the likelihood or frequency of discharge of animal manure or process wastewater into waters of the state.

   POWER PURCHASE AGREEMENT. A legally enforceable agreement between two or more persons where one or more of the signatories agrees to provide electrical power and one or more of the signatories agrees to purchase the power.

   PREMISES SAMPLING ROOM. An area in a micro-distillery or farm winery that is used for the sampling of ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, that are produced for nonindustrial use. Current state statute permits the sampling of up to individual 15 mL samples, and no more than a total of 45 mL, or approximately 1.52 ounce of samples per person in one day.

   PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used.

   PUBLIC LAND. Land owned and/or operated by a governmental unit.

   PUBLIC WATERS. Those lakes, streams and wetlands within the definition of “public waters” as defined by Minnesota Rules, Chapter 6120, as amended.

   PUBLIC WELL. As regulated by Minnesota Rules, Chapter 4720, and as administered by the State Department of Health.

   QUALIFIED EMPLOYEE. An employee of the state or a local unit of government, who performs site evaluations or designs, installs, maintains, pumps or inspects SSTS as part of the individual’s employment duties and is registered on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted.

   QUARRY. Any pit or excavation made for the purpose of searching for or removing any soil, earth, clay, sand, gravel, limestone or other non-metallic minerals.

   RAILROAD RIGHT-OF-WAY (NOT INCLUDING RAILROAD YARD). An area owned or leased by a railroad company, but not including railroad stations, sidings, team tracks, loading facilities, docks, yard or maintenance areas

   RECORD DRAWINGS. A set of drawings which to the fullest extent possible document the final in-place location, size and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system, along with a certified statement from the licensed representative which state that the system was installed in accordance with all rules and regulations, including this section.

   RECREATION, WATER-ORIENTED COMMERCIAL. The principal use of land or buildings in a Shoreland District for the sale, lease, rental or trade of products, goods and services that relate to a nearby body of water and could not be effective if operated away from a body of water. Examples include: fishing and bait shops; and boat and canoe rentals.

   RECREATIONAL CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis, for the accommodation of less than five units, consisting of tents, travel trailers, pick-up coaches, motor homes or camping trailers and whether use of such accommodation is granted free of charge or for compensation; provided, that nothing in this definition shall be construed to include children's camps, industrial camps, migrant labor camps, as defined in the state statutes and State Board of Health regulations, and also shall not include United States forest service camps, state wildlife management areas or state owned public access areas which are restricted in use to picnicking and boat landing.

   RECREATIONAL VEHICLE. A vehicle that is:

      (1)   Built on a single chassis;

      (2)   Designed to be self propelled or permanently towable by a light duty truck; and

      (3)   Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.

   RECYCLING FACILITY. A site in which waste or materials which otherwise become waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Recycling includes, but is not limited to, the composting of yard waste which has been previously separated from other waste and collected by a sanitary facility, but does not include any form of energy recovery.

   REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the flood insurance rate map.

   REPAIR SERVICES. Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

   REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

   RELIGIOUS INSTITUTION. A church or place of worship or religious assembly with related facilities such as a rectory, convent, private school, meeting hall, administrative offices, licensed adult or child daycare and the like.

   RESIDENCE. Any permanently located building or part thereof designed and primarily used for human habitation. Unless actually being lived in, an unoccupied structure would have to be a structure that could reasonably be presumed to be a place capable of being lived in, in present condition. Consideration will be given to the presence of an operational septic system, water, electricity or other accessory utilities in the determination of a RESIDENCE.

   RESTAURANT. An establishment serving food to be consumed primarily while seated at tables or booths within a building or outdoor patio and which has no on-sale liquor service.

   RESTAURANT (DRIVE-IN). A building and adjoining parking are used for the purpose of furnishing food, soft drinks and ice cream to the public normally for consumption outside the confines of the principal building, or in vehicles parked upon the premises.

   RETAIL SALES ESTABLISHMENT. A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

   RETREAT CENTER. A grouping of structures that are rented along with a separate cooking facility to the public for compensation and catering primarily to provide a location for group meetings, educational gatherings and social events up to 50 people within both existing residential units or commercial structures.

   RETREAT HOUSE. A single-family dwelling occupied in such a manner that certain rooms in excess of those that may be used by members of the family and occupied as a home or family unit, are rented along with cooking facilities, to the public for compensation and catering primarily to provide a location for small group meetings, educational gatherings and events with fewer than 20 people within an existing residential unit.

   RIDING ACADEMY. An establishment where horses are boarded and cared for, and where instruction, riding, jumping and showing is offered, and where horses may be hired for riding.

   RIPARIAN. Land contiguous to the bank of a steam, the shore of a lake or the edge of a wetland.

   ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designed as a street, highway, parkway, road, avenue, boulevard, lane, service road, place or however otherwise designed. Acceptance of a road for maintenance purposes by a unit of government is not necessary for designation as a ROAD.

   ROAD, PRIVATE. An unplatted access to more than one lot or parcel, including leased or rental properties where public access is limited.

   (ROAD) RIGHT-OF-WAY. Any United States, county, municipal or township highway or road including any shoulder and drainage alongside the road.

   ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.

   SATURATED SOIL. The highest elevation in the soil where all voids were filled with water, as evidenced by the presence of soil mottling or other information.

   SALVAGE YARD. A lot or portion thereof where waste, discarded or salvaged materials are bought, sold, exchanged, baled, stored, packed, disassembled or handled, including auto wrecking activities, building wrecking activities, used lumber places and places for storage of salvaged building materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building.

   SCHOOL. An institution other than a trade school that provides educational instruction to students.

   SCHOOL, TRADE. A non-parochial and non-public school for teaching industrial skills in which machinery is employed as a means of instruction.

   SEASONAL PRODUCE STAND. Seasonal sales of agricultural and other farm-related products, the majority of which are locally produced.

   SETBACK. The minimum horizontal distance between a structure or a sewage treatment system and the nearest specified lot line, sewage treatment system, road centerline, abutting property, ordinary high water level of a lake or stream, top of bluff or other entity.

   SEWAGE. Any water-carried domestic waste, exclusive of footing and roof drainage, chemically treated hot tub or pool water, and water softener discharge, from any industrial, agricultural or commercial establishment, or any dwelling or any other structure. DOMESTIC WASTE includes liquid waste produced by toilets, bathing, laundry, culinary operations and the floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes. Animal waste, commercial and industrial waste is not considered DOMESTIC WASTE.

   SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in §§ 5.02 and 5.03.

   SEWER SYSTEM. Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

   SHOOTING RANGE. An outdoor or indoor facility that may include buildings or structures used for target practice with firearms.

   SHOPPING CENTER. A group of commercial establishments planned, constructed and managed as a total entity with off-street parking.

   SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

   SHORELAND. 

      (1)   Land located within the following distances from public waters: 1,000 feet from the normal high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extension of a floodplain designated by ordinance on such a river or stream, whichever is greater.

      (2)   The practical limits of SHORELANDS may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources.

   SHORT-TERM STOCKPILING SITE. A manure storage area where manure is stored or processed according Minnesota Rules, Part 7020.2000, subpart 3.

   SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business. Warning signs or public identification signs such as street signs shall be exempt from these regulations when under two square feet in size.

   SIGN, ADVERTISING. See BILLBOARD.

   SIGN, BUSINESS. A sign that directs attention to a business or profession or a commodity, service or entertainment sold or offered upon the premises where such a sign is located.

   SIGN, FLASHING. Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times where such sign is in use.

   SIGN, GROSS AREA OF. The area within the frame shall be used to calculate the gross area except that the width of the frame in excess of 12 inches shall be added thereto. When letters or graphics are mounted without a frame, the GROSS AREA shall be bounded by straight lines six inches beyond the periphery of the letters or graphics. Each surface utilized to display a message or to attract attention shall be measured as a separate sign.

   SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign.

   SIGN, MARQUEE. Any sign affixed to any hood, marquee or canopy over the entrance to a building.

   SIGN, NAMEPLATE. Any sign that indicates the name and address of a building or the name of the occupant thereof and the practice of a permitted occupation therein.

   SIGN, PYLON. A freestanding sign erected upon a single pylon or post which is in excess of ten feet in height with the sign mounted on the top thereof.

   SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.

   SKATING RINK. An establishment that provides facilities for participant skating.

   SOIL, HIGHLY ERODIBLE. A soil type with a Kw factor in excess of .34.

   SOLAR ENERGY SYSTEMS.

      (1)   ACCESSORY. A solar panel or array mounted on a building, pole or rack that is secondary to the primary use of the parcel on which it is located and which is directly connected to or designed to serve the majority of the energy needs of the primary use.

      (2)   SOLAR FARMS. A solar array composed of multiple solar panels on ground-mounted rack or poles which is the primary land use for the parcel on which it is located and that are connected to the electric grid.

   SMALL BREWERY. A brewery that produces no more than 20,000 barrels of malt liquor in a calendar year.

   SPECIAL PROTECTION AREA. Land within 300 feet of all:

      (1)   Protected waters and protected wetlands as identified on Department of Natural Resources protected waters and wetland maps; and

      (2)   Intermittent streams and ditches identified on United States Geological Survey quadrangle maps, excluding drainage ditches with berms and segments of intermittent streams, which are, grassed waterways.

   SPECIFIED ANATOMICAL AREAS.

      (1)   Human genitals, pubic region, buttock, anus or female breast(s), below a point immediately above the top of the areola, unless completely and opaquely covered; and

      (2)   Erect penis, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES. 

      (1)   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

      (2)   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;

      (3)   Use of human or animal ejaculation or ejaculate, sodomy, oral copulation, coitus or masturbation;

      (4)   Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s);

      (5)   Situations involving a person or persons, any of whom are nude, clad in undergarments, or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical constraint of any such persons;

      (6)   Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; and

      (7)   Human erection, urination, menstruation, vaginal or anal irrigation.

   SSTS. Sub-surface Sewage Treatment System including an ISTS, MSTS or LSTS.

   STATE DISPOSAL SYSTEM PERMIT or SDS PERMIT. A state permit that may be processed in accordance with Minnesota Rules, Parts 7001.0040; 7001.0050; 7001.0100, subparts 4 and 5; and 7001.0110.

   STATE. The State of Minnesota.

   STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, STEEP SLOPES are lands having average slopes over 20% as measured over horizontal distances of 50 feet or more that are not bluffs.

   STORY. The portion of a building between the surface of a floor and the surface of the floor above it; or if there is no floor above, the space between the floor and ceiling above.

   STORAGE, BULK. The storage of chemicals, petroleum products or hazardous materials in above ground or below ground storage container designed for wholesale distribution or mass consumption.

   STORAGE, OUTDOOR. The storage of materials, merchandise, equipment and products outside, but not fully enclosed by, the principal or accessory buildings on a property for more than 96 hours. OUTSIDE STORAGE does not involve any product representation or signage except for emergency or safety-related signs.

   STREET. A public right-of-way affording primary access by pedestrian or vehicles, or both, to abutting properties whether such right-of-way is designated as a street, highway, thoroughfare, parkway, road, avenue or boulevard.

   STREET, COLLECTOR. A street which serves, or is designated to serve, as a traffic-way for a neighborhood or as a feeder to a major street.

   STREET, CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

   STREET, MAJOR OR THOROUGHFARE. A street which serves, or is designed to serve, heavy flows of traffic, and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

   STREET, MAJOR TOWNSHIP. A street under township jurisdiction which is generally considered a major traffic carrier.

   STREET, LOCAL. A street intended to serve primarily as an access to abutting properties.

   STREET, PRIVATE. A street which is not dedicated to the community for public use.

   STREET, SERVICE. A marginal access street which is generally parallel and adjacent to a major street.

   STREET, WIDTH. The width of the right-of-way measured at right angles to the centerline of the street.

   STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes and other similar items, including advertising devices or other construction or erection with special function or form and not including fences or walks.

   SUBDIVIDER. Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself or herself or for others.

   SUBDIVISION. The division of land into parcels smaller than a quarter-quarter section (40 acres) when the split creates or leaves more than two parcels and when any parcel, created or left, is less than five acres in size exclusive of rights-of-way, or when the division requires a new public or private street or access is required to serve one or more parcels.

   SUBSTATIONS. Any electrical facility designed to convert electricity produced by wind turbines to a voltage for interconnection with transmission lines.

   SUB-SURFACE SEWAGE TREATMENT SYSTEM (SSTS). A sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. A SUB-SURFACE SEWAGE TREATMENT SYSTEM includes holding tanks and privies.

   SURFACE WATERS. Waters, which include, but are not limited to, rivers, streams, creeks, ponds, intermittent streams and wetlands of Type Ell - Type VII as defined in Minnesota Department of Natural Resources Circular 39.

   SURVEYOR. A person duly registered as a land surveyor by the State of Minnesota.

   SWCD. Waseca County Soil and Water Conservation District.

   SWECS. Small Wind Energy Conversion System. See WIND TURBINE, ACCESSORY.

   TANGENT. A straight line that is perpendicular to the radius of a curve where a tangent meets a curve.

   TAPROOM. An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A TAPROOM may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the taproom and owned by the brewer for off-premises consumption, packaged subject to M.S. § 340A.301, Subdivision 10, as it may be amended from time to time, or its successor.

   TAVERN. Any place in which fermented malt beverages or intoxicating liquors are sold for consumption upon the premises.

   TEMPORARY WORKER HOUSING. Any living quarters permanently maintained for employees to occupy on a seasonal basis for not more than six months per year.

   TERMINAL, FREIGHT. An area or building where cargo and freight is stored, where loading and unloading is carried on regularly, and where minor maintenance of vehicles is performed.

   TERMINAL, TRUCK. An area or building where trucks and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of vehicles is performed.

   THEATER (DRIVE-IN). A commercial establishment offering facilities for viewing movies outdoors.

   TOE OF THE BLUFF (SLOPE). The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the TOE OF BLUFF shall be determined to be the lower end of a 15-foot segment measured on the ground with an average slope exceeding 30%.

   TOP OF THE BLUFF (SLOPE). The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the TOP OF BLUFF shall be determined to be the upper end of a 15-foot segment measured on the ground with an average slope exceeding 30%.

   TOTAL CONFINEMENT FEEDLOT BUILDING. Livestock contained in the feedlot building at all times.

   TOTAL HEIGHT. In reference to wind towers, the highest point, above ground level, reached by a rotor tip or any other part of the WECS.

   TOWER. In reference to WECS, towers include vertical structures that support the electrical generator, rotor blades, meteorological equipment, communications or telephone equipment.

   TOWNHOUSE. A multiple-family dwelling which maintains private ingress and egress, attached to its own foundation, contains no independent dwellings above or below it and is attached to other similar dwellings by a common wall.

   TRACT. An area of land.

   TRANSFER OF PROPERTY. The act of a party by which the title to property is conveyed from one person to another. The sale and every other method, direct or indirect, of disposing or parting with property, or with an interest therein, or with the possession thereof, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a conveyance, sale, mortgage, gifts or otherwise.

   TREATMENT LEVEL. Treatment system performance levels defined in Minnesota Rules, Chapter 7083.4030, Table III for testing of proprietary treatment products, which include the following.

      (1)   Level A: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms < 1,000/100 mL.

      (2)   Level B: cBOD5  < 25 mg/L; TSS < 30 mg/L; fecal coliforms < 10,000/100 mL.

      (3)   Level C: cBOD5  < 125 mg/L; TSS < 80 mg/L; fecal coliforms N/A.

   TRUCK STOP. A facility intended to provide services to the trucking industry, including but not limited to the following activities: dispensing of fuel; repair shops; automated washes; restaurants and motels; all as part of the facility.

   TYPE I SYSTEM. An ISTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with MPCA rules, Minnesota Rules, Parts 7080.2200 through 7080.2240.

   TYPE II SYSTEM. An ISTS with acceptable modifications or sewage containment system that may be permitted for use on a site not meeting the conditions acceptable for a standard Type I system. These include systems on lots with rapidly permeable soils or lots in floodplains and privies or holding tanks.

   TYPE III SYSTEM. An ISTS that uses soil to treat sewage but does not meet the tank, size or distribution requirements for a Type I system. TYPE III SYSTEMS are designed for use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system.

   TYPE IV SYSTEM. An ISTS, having an approved pretreatment device and incorporating pressure distribution and dosing.

   TYPE V SYSTEM. An ISTS designed by a professional engineer that does not meet the prescriptive designs for Types I-IV. TYPE V SYSTEMS must meet the Public Health and Safety Standards of Minnesota Rules, Part 7080.1500.

   UNINCORPORATED AREA. The area outside a city.

   UNPERMITTED OR NONCERTIFIED LIQUID MANURE STORAGE AREA. A liquid manure storage area that is in operation and:

      (1)   The owner/operator does not have an agency or delegated county feedlot permit for the manure storage area and was required to apply for and obtain feedlot permit prior to the construction or operation of the manure storage area; or

      (2)   The owner/operator has not complied with pre-operational requirements of Minnesota Rules, Part 7020.2100 or permit requirements if applicable.

   USDA. United States Department of Agriculture.

   USE. The purpose, for which land, premises, or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

   USE, NONCONFORMING. See NONCONFORMING USE.

   USE, PERMITTED. A use which is permitted outright in the zoning district in which it is located, provided it conforms with all requirements, regulations and performance standards of such district.

   USE, PRINCIPAL. The primary use of the land or structures as distinguished from accessory uses.

   USE, SUBSTANDARD. Any use of land or structures which is permitted within the applicable zoning district but does not meet the minimum lot area, frontage, setbacks or other dimensional requirements of this ordinance and which lawfully existed on the effective date of this ordinance or on the date the use became substandard because of rezoning of the property or amendment to the text of this ordinance.

   USED FOR. To include the phrases: “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.

   VARIANCE. A modification or variation of the provisions of this ordinance where it is determined that, by reason of exceptional circumstances, the strict enforcement of any provision of this ordinance would cause unnecessary hardship or that strict conformity with the provisions of this ordinance would be unreasonable, impractical or not feasible under the circumstances. No VARIANCE may be granted that would allow a use that is prohibited in the zoning district in which the subject property is located. VARIANCES shall be limited to height, bulk, density and yard requirements.

   VERTICAL CURVE. The surface curvature on a road or highway centerline located between lines of different percentage of grade.

   VETERINARY CLINIC. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

   WAREHOUSE DISTRIBUTION FACILITY. A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

   WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, patios and detached decks.

   WATER ORIENTED COMMERCIAL BUSINESS. The use of land for commercial purposes where access to and use of a surface water feature are an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.

   WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portions thereof.

   WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purpose of this ordinance, WETLANDS must:

      (1)   Have a predominance of hydric soils;

      (2)   Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation; and

      (3)   Under normal (undisturbed) circumstances support a prevalence of hydrophytic vegetation.

   WILDLIFE AREA. An area set aside for the preservation of natural vegetation or wildlife.

   WIND FARM. One or more wind turbines on a single parcel of land that collectively have above 100kw in total name plate generating capacity, under a contiguous easement, or interconnected upstream of a busbar and that are intended to produce power for sale to an off-site energy user other than the owner of the turbines or for sale to a regulated electric utility, municipal utility or electric cooperative.

   WIND TURBINE, ACCESSORY. A wind energy conversion system with under 100kw name plate generating capacity that is accessory to the principal use of the lot or parcel, consisting of a wind turbine, a tower and associated control or conversion electronics that is intended to primarily reduce on-site consumption of utility power.

   YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this ordinance. The YARD extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

   YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located.

   YARD, REAR. An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot for the full width of the lot.

   YARD, SIDE. An open unoccupied space extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.

   ZONING ADMINISTRATOR. The person duly appointed by the County Board and charged with the enforcement of this ordinance or his or her authorized representative.

   ZONING AMENDMENT. A change in this ordinance authorized by the County Board which can take three forms:

      (1)   A comprehensive revision or modification of the zoning text and map;

      (2)   A text change in zone requirements; or

      (3)   A change in the map, i.e., the zoning designation of a particular parcel or parcels.

   ZONING DISTRICT. An area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing use, lot and bulk of structures and premises are uniform.

   ZONING MAP. The map or maps incorporated into this ordinance as a part hereof designating the zoning districts.

   ZONING PERMIT. A document issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of this ordinance and issued for the purpose of carrying out and enforcing its provisions.

(Ord. 97, passed 7-21-2009; Ord. 108, passed 3-5-2013; Ord. 112, passed 1-7-2014; Ord. 113, passed 4-15-2014; Ord. 117, passed 6-17-2014; Ord. 118, passed 8-19-2014; Ord. 143, passed 9-15-2020; Ord. 146, passed 4-20-2021; Ord. 148, passed - -2021; Ord. 152, passed 10-18-2022)