Captions, headings, titles and key words used in sections and articles are defined herein for convenience to facilitate the use of this ordinance.

A.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application.

B.

For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive.

C.

The word "may" is permissive.

D.

The masculine gender shall include the feminine and neuter.

E.

All distances, unless otherwise specified, shall be measured horizontally or vertically as specified.

F.

Words used in the present tense include the future tense; the singular number includes the plural; the plural includes the singular.

A site previously occupied by a farm dwelling and evidenced by a foundation, uninhabitable farm dwelling, windbreak, outbuildings or other observable physical features.

"Abatement deadline" means the date before which the nuisance must be abated as specified in a written order.

"Access lot" is a parcel of land that provides access to public waters.

"Accessory structure" or "facility" means any building or improvement subordinate to a principal use which is 201 square feet or more except as stated in 23.118.1 and because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

A use commonly and normally incidental to, subordinate to and auxiliary to the principal permitted use of the premises.

An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas."

A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotape, if such shop 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 depiction or description of "specified sexual activities" or "specified anatomical areas."

An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of specified "sexual activities" or "specified anatomical areas."

A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to 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 bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments.

A business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.

"Adult hotel or motel" means 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, describing or relating to specified sexual activities or specified anatomical areas.

A massage parlor or health club which restricts minors by reason by age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

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 display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion 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.

A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.

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 sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

"Agricultural building" means a structure on agricultural land, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.

A procedure in which a significant portion involves or requires the production, packaging, processing or use of raw material agricultural products at the site.

A change; modification or adjustment to an existing structure that requires a permit and that does not meet the definition of a repair and/or an addition. A change in a mechanical system that involves an extension, addition, or change to the arrangement, type or purpose of the original installation that requires a permit.

Any change, disturbance or alteration made to the ground or soil of a site resulting in the placement of buildings or structures, grading or filling of the land or similar activities.

Cattle, hogs, horses, sheep, goats, chickens, turkeys, ducks, geese, rodents and other animals commonly kept for food production or other purposes.

Dogs, cats, birds, reptiles and similar animals commonly kept on premises and/or within a residence. Animals considered wild, exotic or non-domestic, such as lions, bears, wolves and similar animals, shall not be considered domestic pets.

Livestock, poultry or other animal excreta or a mixture of excreta with feed, bedding or other materials.

(NOTE: The new animal unit definition below is currently found in MN Rules 7020.0300. The regional MPCA feedlot individual indicated that these animal unit numbers have not been approved by the federal EPA. As a result, she indicated that the county may want to consider adopting by reference the MN Rule definition for "animal unit" and include the wording "as amended" incase the EPA does not approve or amends the definition provided in MN Rules. The county can be more restrictive when defining "animal unit.")

A unit of measure used to compare differences in the production of animal manures that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area, calculated by multiplying the number of animals of each type in items A to I below by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this definition the following shall apply:

A.

Dairy cattle:

1.

One mature cow (whether milked or dry);

(a)

Over 1,000 pounds, 1.4 animal unit; or

(b)

Under 1,000 pounds, 1.0 animal unit;

2.

One heifer, 0.7 animal unit; and

3.

One calf, 0.2 animal unit;

B.

Beef cattle:

1.

One slaughter steer or stock cow, 1.0 animal unit;

2.

One feeder cattle (stocker or backgrounding) or heifer, 0.7 animal unit;

3.

One cow and calf pair, 1.2 animal unit; and

4.

One calf, 0.2 animal unit;

C.

One head of swine:

1.

Over 300 pounds, 0.4 animal unit;

2.

Between 55 pounds and 300 pounds, 0.3 animal unit; and

3.

Under 55 pounds, 0.05 animal unit;

D.

One horse, 1.0 animal unit;

E.

One sheep or lamb, 0.1 animal unit;

F.

Chickens:

1.

One laying hen or broiler, if the facility has a liquid manure system, 0.033 animal unit; or

2.

One chicken if the facility has a dry manure system:

(a)

Over five pounds, 0.005 animal unit; or

(b)

Under five pounds, 0.003 animal unit;

G.

One turkey:

1.

Over five pounds, 0.018 animal unit; or

2.

Under five pounds, 0.005 animal unit;

H.

One duck, 0.01 animal unit; and

I.

For animals not listed in items A to H above, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds.

A wire, set of wires, metal or carbon fiber rod or other electromagnetic element, publicly or privately owned for non-commercial purposes, used to transmit and/or receive personal radio, television or other personal communication services including, but not limited to, business band, citizen's band, amateur radio, short wave radio and personal television reception.

A device consisting of metal, carbon filter or other electromagnetically conductive rods or elements on a single supporting pole, tower, or other structure, and used for the transmission and/or reception of commercial wireless radio, television, cellular telecommunications, personal communication services or other commercial communication services.

Acceptance of materials, types of construction, land use or a permit by the zoning administrator, planning commission, board of adjustment or county board.

Permitting a use of land that does not change the character of the zoning district and does not involve a use prohibited by the zoning ordinance, but instead includes, but is not limited to, setback lines, impervious surface coverage, frontage requirements, height limitations, lot-size restrictions, density regulations, off street parking, and yard requirements, and where the applicant has established a showing of practical difficulties

Any building, structure or premise where gasoline and other petroleum products are sold and/or automobile or truck maintenance services are provided.

"Available nitrogen" means that portion of nitrogen applied to the soil as septage, manure or commercial fertilizer that the plant can use following the processes of mineralization, ammonification, and nitrification.

"Available water-holding capacity" means the capacity of soil to hold water against the force of gravity for use by most plants.