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.

That portion of a building that is partly or completely below grade with a finished ceiling height of greater than seven feet.

A structure where short-term lodging and meals are provided for compensation in which the owner or resident manager of the Inn operates and/or resides there while guests are present, the facility meets all state health and building code requirements, the facility's owner furnishes evidence that the licenses required by the State of Minnesota either have been issued or will be issued before commencing operation. No guests shall stay at the facility for more than 30 days within a 90-day period. No cooking or cooking facilities shall be allowed or provided in guest rooms. Meals shall be provided only to overnight guests of the facility, and identifying signs for the facility shall meet the requirements for signs for home occupations in this ordinance.

"Bedrock" means that layer of rock which is considered parent material, either consolidated or unconsolidated.

"Bedrock outcrop" means any bedrock that appears at the surface of the land.

A sign that identifies or communicates a message, service, or commodity sold at a location other than where the sign is located.

"Bluff" means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):

A.

Part or all of the feature is located in a shoreland area;

B.

The slope rises at least 25 feet above the ordinary high water level of the water body;

C.

The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and

D.

The slope must drain toward the water body.

"Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff.

A line along the top of a slope connecting the points at which the slope becomes less than 13 percent. This applies to slopes within the recreation river management overlay district that are beyond the setback provision from the normal high water mark.

The "board of adjustment" shall be the board of adjustment for the county, as appointed by the county board of commissioners and whose principal duties are to grant or deny variance requests and hear appeals from zoning decisions of the zoning administrator.

"Boathouse" means a structure designed and used solely for the storage of boats or boating equipment.

The land, buildings and machinery used in the commercial production of farm products and has any of the following:

(a.)

A farm of 40 or more acres, in one ownership, which has been devoted primarily to an agricultural use;

(b.)

A farm of five acres or more in one ownership, but less than 40 acres, devoted primarily to an agricultural use, which has produced a gross annual income from agriculture of $200.00 per year or more per acres of cleared and tillable land;

(c.)

A farm designated by the department of agriculture as a specialty farm in one ownership, which has produced a gross annual income from an agricultural use of $2,000.00 or more;

(d.)

Parcels of land in one ownership which are not contiguous but which constitute an integral part of farming operation being conducted on land otherwise qualifying as farmland may be included in an application under this article.

"Buildable area" is contiguous land that is:

(1)

Above the ordinary high water line;

(2)

Above the 100-year floodplain elevation;

(3)

Outside the perimeter of the delineated wetland area; and

(4)

Outside the perimeter of any mapped soil area defined in the soil survey of Meeker County as having severe limitations for construction of a dwelling due to slope.

Any structure, either temporary or permanent, having a roof and supported by columns or walls, used or built for the shelter, housing or enclosure of any person, animal, goods, equipment, materials, process or property of any kind. Any roofed structure, including carports or similar structures, structurally attached to another roofed structure, excluding dwellings, shall be considered part of the building it is attached to.

The lowest support of a structure that is more than 12 inches above grade.

"Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

The width of a lot parallel to the street at the building setback line.

A building or structure in which is conducted the main or principal use of the lot on which said building or structure is situated.

That line that is the required minimum distance from the right-of-way line, ordinary high water line, other facilities which require setbacks or any other lot line that establishes the area within which the building or structure must be erected or placed.

A site in which a building or structure and its accessory buildings or structures is located or intended to be placed.

"Campground" means a development that is used for the purpose of providing sites for non-permanent overnight use by campers using tents, trailers, recreation camping vehicles, or other temporary shelters.

A structure permanently attached to another structure having a roof supported by columns and enclosed on three sides or less.

"Cave" means any naturally formed, subterranean open area or chamber, or series of chambers.

A graphic representation of the boundary survey of a parcel of real property along with the description of the land and the signed certification of a Minnesota licensed land surveyor.

Minnesota Rules chapter 7080, Individual Sewage Treatment Systems Standards.

A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses.

A development pattern and technique whereby structures or building sites are arranged in close proximity to one another in non-linear groups, adjacent to permanently preserved common open space, so as to make the most efficient and visually aesthetic use of the natural features of the landscape and maximize visualization of permanently preserved open space.

Contiguous or noncontiguous real estate that is subject to an instrument which obligates persons owning a separately described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for real estate taxes levied against, insurance premiums payable with respect to, maintenance of, or construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies.

A portion of a development site that is permanently set-aside for public or private use, is held in common ownership by all individual owners within a development, and will not be developed. Common open space shall include wetlands, upland recreational areas, wildlife areas, historic sites, and areas unsuitable for development in their natural state. Common open space is not the space between buildings of a cluster in a conservation subdivision and it does not include an area of 25 feet around each structure or any impervious surface.

"Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

An establishment where horses, mules, donkeys, or ponies are bred, trained, and/or kept for a fee or hire or where any events or activities related to riding stables occurs.

"Commissioner" means the commissioner of the Minnesota Department of Natural Resources.

"Conditional use" means 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 the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the county and the use is compatible with the existing neighborhood.

"Condominium" means a common interest community in which portions of the real estate are designated as units and the remainder of the real estate is designated for common ownership solely by the owners of the units. In addition, undivided interests in the common elements are vested in the unit owners. Said units need to be connected to municipal sewer and water.

"Conservation subdivision" is a method of subdivision characterized by common open space and clustered compact lots, with the purpose of creating greater community value through open space amenities for homeowners and protection of natural resources, while allowing for the residential densities consistent with prevailing densities. Site designs incorporate standards of low impact development, such as the use of some single-load roadways and narrower rights-of-way, looped roadways versus cul-de-sacs, maximum road setbacks for structures, and preservation of trees, shoreline, unique resources, and scenic vistas, and these developments use stormwater designs that emphasize on-site retention and infiltration through the preservation of native vegetation within the shore impact zone, use of pervious surfaces, rain gardens, and swales.

"Construction/job site building" means a relocatable building that is designed for use by a contractor at a construction site that are not to be used by the general public or as sales offices. They may not contain any area for bathing or any cooking appliances and they shall be removed prior to or upon completion of the construction project.

The following rules shall apply when determining contiguous property:

A.

Tracts that have area geometrically touching at any one point are contiguous;

B.

Contiguous tracts which cross political subdivision boundaries remain contiguous;

C.

Except for the purpose of determining impervious lot coverage, property that would be contiguous under these rules, but for the fact that the property is separated by a public or private road, driveway, or thruway shall be deemed to be contiguous.

A feedlot permit giving permission for construction or expansion of a feedlot or manure storage area when there is not a pollution hazard.

"Conventional subdivision" means a pattern of subdivision development that permits the division of land in the standard subdivision form where lots are spread evenly throughout a parcel land. The lots shall be at least double the lot sizes in area permitted in section 19A.04 and the lot widths shall be at least 1½ the lot widths permitted in section 19A.04 of the Meeker County Zoning Ordinance. This subdivision shall follow the Meeker County Subdivision Ordinance and Minnesota Statutes chapter 505 relating to subdivision platting.

Meeker County, Minnesota.

Meeker County Board of Commissioners.

Soil which is annually seeded with a harvestable product or has been in the previous five years; set aside acres, as per the U.S. government farm programs (CRP, etc.); or hay ground used in rotation with row and grain crops.

The opposite of farmed cropland.

A common interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of the member's ownership interest in the association to a proprietary lease.

"Crawl space" means any areas or rooms with less than seven-foot ceiling height measured to the finished floor or grade below.

"Crops for direct human consumption" means crops that are consumed by humans without processing to minimize pathogens prior to distribution to the consumer.

"Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than 12 inches above the ground.

Any section of the unincorporated area of the county within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

"Domestic waste" means any liquid waste produced by toilets, bathing, laundry, culinary operations and the floor drains associated with these sources and specifically excludes animal waste and commercial or industrial waste water.

"Drainage ditch" means a ditch specifically constructed to remove water from land.

An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be received, used, or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.

"Duplex," triplex," and "quad" means a dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

"Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

A dwelling unit is any house or building or portion thereof that was constructed to be nonmobile and that is occupied wholly as a home, residence or sleeping place of one or more human beings either permanently or transiently, including rental or timeshare accommodations such as motel, hotel and resort rooms and cabins. In case of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purposes of this ordinance and shall comply with the provisions thereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed part of a dwelling. Types of dwellings are defined as follows:

A.

Board or rooming house. A boarding or rooming house shall be construed to mean any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family unit are leased or rented to persons outside of the family without any attempt to provide therein cooking or kitchen accommodations.

B.

Dwelling, one (single) family. (Also see single family dwelling definition). A dwelling occupied by only one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only.

C.

Dwelling, two (duplex) family. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy of two families.

D.

Dwelling, multiple. A building used or intended to be used as a dwelling by three or more families or as an apartment house with each unit designed and arranged to provide separate cooking and sanitary facilities for each family.

A grant by a property owner for the use of land by the public or any person for any specific purpose or purposes.

"Enforcement officer" means any designated representative of the County of Meeker responsible for enforcing the provisions of this ordinance, including, but not limited to, law enforcement officers, the county attorney or zoning administrator.

"Environmental assessment worksheet" means a brief document which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed project or to initiate the scoping process for an EIS as required by Minnesota Statutes, section 116D.04, subd. 1a.

"Environmental impact statement" means a detailed written statement as required by Minnesota Statutes, section 116D.04, subd. 2a.

The word "erected" includes built, constructed, reconstructed, moved upon, or any physical excavation, fill, drainage and the like shall be considered a part of erection.

The phrase "essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, communication, steam or water transmissions or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare.

"Extermination" means the eradication of rodents and other vermin by any or all approved methods such as poisoning, fumigation, or trapping.

Any increase in a dimension, size, area, volume, or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition of a site feature, i.e., a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; or any increase in intensity of use based on a review of the original nature, function, or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the county.

"Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.

"Fallow land" means land that is uncropped and kept cultivated throughout a growing season. Vegetative cover is less than 25 percent. Any land that is uncropped and cultivated during the months of September through May where a crop will be grown the following growing season is not considered fallow land.

A "family" is any number of persons living together in a room or rooms comprising a single dwelling unit and related by blood, marriage, adoption or any unrelated person who resides thereon as though a member of the family, including the domestic employees thereof. Any group or persons not so related but inhabiting a single house shall, for the purpose of this ordinance, be considered to constitute one family for each five persons, exclusive of domestic employees, contained in each such group.

"Farm" or "farming" means the cultivating or pasturing of a parcel of land for the growing and/or production of crops, livestock, livestock products or an agricultural product or using it for commercial purposes or as a source of income. Any existing or erected building, structure or use for agricultural purposes shall be considered part of a farm or farming operation.

"Farmer" means a natural person who regularly participates in physical labor or operations management in the person's farming operation and has minimum yearly gross revenue from agricultural activities of not less than $1,500.00.

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. Feedlots shall be classified in size by animal units as defined by the Minnesota Pollution Control Agency. Pastures shall not be considered animal feedlots under these rules. Fish farms (aquaculture) shall be considered feedlots for the purposes of this ordinance. The classes of feedlots are as follows:

A.

Class A: any feedlot consisting of 299 animal units or less.

B.

Class B: a feedlot consisting of between 300 and 1,000 animal units no more than 30 percent of which are swine.

C.

Class B-h: a feedlot consisting of between 300 and 1,000 animal units more than 30 percent of which are swine.

D.

Class C: a feedlot consisting of between 1,001 and 2,000 animal units no more than 15 percent of which are swine.

E.

Class C-h: a feedlot consisting of between 1,001 and 2,000 animal units more than 15 percent of which are swine.

F.

Class D: a feedlot consisting of more than 2,000 animal units no more than 15 percent of which are swine.

G.

Class D-h: a feedlot consisting of more than 2,000 animal units more than 15 percent of which are swine.

When animal units will increase, when a major change (as determined by the MPCA) is proposed and/or when the construction of a manure storage system is proposed.

An individual, a corporation, a group of individuals, a partnership, joint venture or any other business entity having charge or control of one or more animal feedlots.

Any person or entity having possession, control or title to an animal feedlot.

A document issued by the MPCA or county which contains requirements, conditions, and compliance schedules relating to the discharge of animal manure pollutants.

An animal feedlot constructed and operated on a site where no animal feedlot existed previously or where a pre-existing animal feedlot has not been permitted or has been unused for a period of five years or more.

Any artificially constructed barrier of any material or combination of materials erected to enclose or screen a property.

"Filter blanket" means a layer of geotextile fabric or a six-inch layer of gravel.

A tract of land that is used for target shooting with legal firearms.

The total floor or ground area under a building roof area, excluding the roofs eves including any habitable floor area with a ceiling height of seven feet on any level.

"Food-chain crops" means tobacco, crops grown and processed for human consumption, and crops grown and harvested for feed for animals whose products are consumed by humans.

An accessory building designed or used for the storage of not more than three licensed automobiles, trucks or buses owned and used by the occupants of the building of which it is accessory.

A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including special facilities for the painting, major repair or similar servicing thereof.

Any department, commission, person, independent agency or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district or other governmental unit.

A fractional part of a section adjacent to a meander line and/or in some cases on the northerly or westerly sides of a township. These fractional lots may be more or less than 40 acres and are shown on the original government survey plat, which is available at the Meeker County Recorder's Office.

The average elevation of the finished grade at the perimeter of a building or structure.

"Groundwater" means the water contained below the surface of the earth in a saturated zone, including without limitation all waters whether under confined or unconfined conditions in near surface unconsolidated sediment or regolith, or in rock formations, deeper underground.

"Guest cottage" means a structure with or without an attached garage which may not be constructed on a basement which is 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. A guest cottage and a garage attached to a guest cottage shall be considered an accessory structure and its square footage shall be used in calculating the maximum allowed square footage of accessory buildings per lot. The habitable area with a ceiling height of seven feet or greater of the guest cottage may not exceed 700 square feet and the attached garage may not exceed 700 square feet for a total of a maximum of 1,400 square feet of land surface coverage.

"Hardship" means the same as that term is defined in Minnesota Statutes, chapter 394.

Any portion of a structure with a ceiling height of seven feet or greater shall be considered habitable space and calculated as part of the square footage of said structure.

"Hazardous waste" means any waste material so defined by Minn. Stat. § 116.06, subd. 13 or described or listed as hazardous waste in Minn. Rules chapter 7045, known as Minnesota Pollution Control and Hazardous Waste Division Hazardous Waste Rules, or other applicable state or federal law or rules.

"Height of building" means the vertical distance measured from the average ground level adjoining the building to the highest point of the roof surface if it is a flat roof, to the deck line of mansard roofs and to the mean height between eaves and ridges of gable, hip and gambrel roofs. Except: water-oriented structures located less than the permitted setback requirement in all shoreland districts and accessory buildings less than 200 square feet in all districts shall not exceed ten feet in total height, from the average ground level adjoining the building at the highest point of the roof.

A use conducted as a business, profession, occupation or trade entirely within a residential dwelling or within an accessory building to a residential dwelling and which use is accessory, incidental and secondary to the principal dwelling and property and does not change the essential residential character or appearance of the dwelling or property.

"Immediate incorporation" means the land spreading and mixing of septage and/or manure with the top soil by means such as injection equipment, discing, moldboard plowing, or chisel plowing, to a minimum depth of six inches within two hours of land spreading.

A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, decks, patios, driveways, paved parking lots, storage areas, and concrete, asphalt or gravel roads.

Making a nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what pre-existed. This does not include an expansion, enlargement or repair.

"Incorporation" means the land spreading and mixing of septage and/or manure with the top soil by means such as injection equipment, discing, moldboard plowing, or chisel plowing, to minimum depth of six inches within 48 hours of land spreading.

"Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

See section 23.133.05.1, Vehicle, inoperative.

"Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

"Interested party" means any owner of record, occupying tenant, or lienholder of record.

A permit expiring no later than two years from the date of issuance, identifying the necessary corrective measures to abate potential pollution hazards.

"Intermittent stream" means any stream which flows at certain times during the year, such as after a rainstorm or during wet weather. Intermittent streams receive water from surface runoff, springs or melting snow and have definable banks. Any intermittent stream mapped on Soil Conservation Service soil surveys or United States Geological Survey quadrangle maps may be included within this definition. All Class 7 limited resource value water listed in parts 7050.0380 and 7055.0310 are included within this definition.

A place maintained for keeping, storing, piling, exchanging, cleaning, packing, disassembling, handling, buying or selling in commercial quantities, whether temporarily, irregularly or continually, any old, used or secondhand material of any kind, including used motor vehicles, inoperative motor vehicles, machinery and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or other metals, or articles from which its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. This shall include a lot or yard, for the keeping of unlicensed motor vehicles or the remains thereof. This shall not prohibit the keeping of one unlicensed motor vehicle within an enclosed building in residential districts or any number of inoperative or unlicensed vehicles kept in an enclosed building in other districts, except that two inoperative or unlicensed motor vehicles may be kept outside of an enclosed building in the agriculture district. If more than two inoperative or unlicensed vehicles are kept outside of a building in any agricultural zoned district then these vehicles must be screened from public view.

Any lot, premises, place, building, tract of land, abode, or vehicle wherein or whereupon five or more dogs six months of age or older are kept, congregated, confined, owned and/or permanently or temporarily boarded. A kennel does not include a pound owned and operated by any political subdivision of the state.

"Land spreading" means placement of septage and/or manure on the surface or incorporated into the soil beneath the soil surface in accordance with all state statutes, rules, standards and guidelines.

"Land spreading site" means any tract of land on which an individual land spreads or incorporates more than 10,000 gallons of septage per year.

"Land use plan," or comprehensive plan, is a compilation of goals, policies, statements, standards, tools and maps for guiding the physical, social and economic development, both public and private, of the county as adopted or approved and amended by the county board.

"Last known address" means the address shown on the records of the Meeker County Assessor's Office or a more recent address known to the enforcement officer. In the case of parties not listed in these records, the last known address shall be that address obtained by the officer after a reasonable search.

"Lime treatment" means to raise the pH of septage above 12, at a minimum, by alkali addition and without the addition of more alkali shall remain at 12, at a minimum, for a period of 30 minutes.

"Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plat, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.

A "corner lot" is a lot of which at least two adjacent sides abut for their full length upon a street.

The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

A "double frontage lot" is a lot that extends from one street to another street or from one street to a shoreline.

An "interior lot" is a lot other than a corner lot.

Any lot line abutting a street right-of-way shall be considered a front lot line.

The "rear lot line" is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than ten feet long, lying most distantly from the front lot line and wholly within the lot. With the exception of a double frontage lot, every lot shall have a rear lot line.

A "side lot line" is any lot line not a front or rear lot line.

A lot that is part of a subdivision, the map of which has been recorded in the office of the county recorder or a lot described by metes and bounds, the deed to which has been recorded in the office of the county recorder.

"Lot width" means the shortest distance between side lot lines.

"Lumber mill and rough lumber processing" means a commercial operation that saws or processes logs for lumber/wood products such as pallets, shipping containers, wood shavings or similar products.

"Service by mail" means depositing the item with the United States Postal Service addressed to the intended at his or her last known address with first class postage prepaid thereon.

The normal upkeep of a structure, i.e., the replacement of windows and doors which are the same size and located in the exact same location as the window or door which is being replaced. Siding, external roof surfaces or exterior finish, i.e., paint or stain.

A structure only designed to be transportable and suitable for year-round occupancy as a dwelling unit and containing the same water supply, waste disposal, mechanical, electrical conveniences and other provisions as required for on-site erected housing whether mounted on wheels, frames, jacks or permanent foundations.

Solid manure that dries sufficiently (with or without bedding added) to make it a stackable solid. All other manure will be considered liquid manure.

An area where animal manure or runoff containing animal manure is stored or placed until it can be utilized as domestic fertilizer or removed to a permitted animal manure disposal site.

"Metes and bounds" means a description of real property which is not described by reference to a lot or block shown on a map or a recorded plot, but is described by starting at a known point and describing the direction and length of the lines forming the boundaries of the property.

Temporary or permanent facilities provided by the employer on his own land or elsewhere for the housing of workers who for seasonal purposes are employed in the planting, harvesting or processing of crops.

The term "mini-storage building" means a type of building utilized for the sole purpose of storage, whether it be private or public storage. Size shall be limited to 5,000 square feet. The maximum number of storage buildings allowed per site is two.

Unless clearly in conflict with the definitions or other provisions of this ordinance, or otherwise clearly inapplicable, definitions established by the State of Minnesota by statute or case law shall apply to this ordinance.

A "motel" or "motor court" is a business comprising a series of attached or semidetached or detached rental units with or without eating facilities for the overnight accommodation of transient guests.

The Minnesota Pollution Control Agency as established in Minnesota Statutes, chapter 116.

"Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.

A residence where the principal occupation of its residents is other than farming.

A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the normal high-water mark is not evident, setbacks shall be measured from the lake or stream bank.

A "nuisance" means any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the county. This includes, without limitation, excessive or noxious noise, odors, vibrations, air pollution, smoke, liquid or solid wastes, heat, glare or dust. The term nuisance does not apply to normal agricultural practices being conducted in an appropriately zoned area and in conformance with the provisions of this ordinance or practices at businesses operating under the terms and provisions of a conditional use permit.

The areas comprising those zoning districts and boundaries of said districts as shown upon the map and directory attached hereto and made a part of this ordinance being designated as the official zoning map and directory for the county with all proper notations, references and other information shown thereon.

"Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which 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 is 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.

The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level.

Certain chapters of this ordinance contain other definitions applicable particularly to such chapters. In case of any conflict between the article on definitions and other definitions, the other definitions shall prevail in the chapters where applicable.

"Owner" means those shown to be owner or owners on the records of the Meeker County Recorder's Office.

A lot or tract of land.

An area of not less than 170 square feet exclusive of drives or aisles to be used for the storage or parking of motor vehicles.

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 throughout the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.

"Pasture crops" means crops such as legumes, grasses, grain stubble and clover which are consumed by animals while grazing.

An unenclosed, level, landscaped and/or surfaced area built at ground level, or built to a height not to exceed 12 inches above ground level, and attached or functionally related to a dwelling unit. A patio shall not be considered a structure.

A concrete floating slab or concrete piers set to a minimum depth below the normal frost line or a concrete, concrete block, or wood foundation set around the circumference of a structure to a minimum depth below the normal frost line.

Written governmental permission issued by an authorized official, commission or board, empowering the holder thereof to do some act not allowed without such authorization.

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person" is used in any section prescribing a penalty or fine, it shall include the partners or members of any corporation who are responsible for the violation.

"Personal service" means service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient's residence or place of business with a person of suitable age and discretion.

"Place of habitation" means an apartment, manufactured home, dwelling, residence or other structure, occupied or intended to be occupied on a day-to-day basis by an individual, group of individuals, family unit, or group of family units.

The planning commission shall be the planning commission of the county, as appointed by the county board of commissioners.

"Plastic limit" means a soil moisture content below which the soil may be manipulated for purposes of installing a soil treatment system, and above which manipulation will cause compaction and puddling.

"Plat" means a map or drawing, conforming to Minnesota Statutes, chapter 505, which graphically delineates the boundaries and dimensions of land parcels for the purpose of identification and record of title.

A long, slender, rounded piece of wood or metal, typically used with one end placed in the ground as a support for something.

(Amend. of 2-5-2019)

"Ponding" means the pooling of septage for a period of over 24 hours.

An entrance to a building which may include steps, a landing, railings and a roof but not enclosed either partially or completely above the landing by windows, screens or siding.

The following factors, which are not all inclusive, define practical difficulties, which is the standard applied in determining a variance request:

1.

Whether the use is allowed in the zoning district;

2.

Whether the variance request is in harmony with the general purpose and intent of the ordinance and consistent with the comprehensive land use plan and official map;

3.

Whether the property owner proposes to use the property in a reasonable manner not permitted by an official control;

4.

Whether the plight of the landowner is due to circumstances unique to the property not created by the landowner;

5.

Whether the practical difficulty claimed by the applicant is based solely on economic considerations alone; and

6.

Whether granting the variance will alter the essential character of the locality;

7.

Authority to impose conditions.

"Premises" means any building, structure, shelter or land wherein or whereon animals are kept or confined or people are residing.

"Privacy fence" means an artificially constructed barrier of wood, stone, brick or other material, higher than 42 inches but not exceeding six feet, designed to screen an area from view.

A building in which is conducted the principal use of the lot or site.

The primary or predominant use of any lot or site.

"Property" means any parcel of land whether vacant or not, whether any structure thereon is occupied or not, or whether submerged or not.

Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under governmental regulation to the public electricity, gas, steam, water, sewage and waste disposal, communication or transportation facilities.

"Public waters" means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 15a.

"Recreational area" is the area allowed within the shore impact zone for residential lots and conservation subdivisions.

Any area used on a daily, nightly, weekly or longer basis for the accommodation of three or more units consisting of tents, travel trailers and whether use of such accommodation is granted free of charge or for compensation.

The words "recreational camping vehicle" shall mean any of the following:

A.

Travel trailer means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational or vacation use.

B.

Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

C.

Motor-home means a portable, temporary dwelling to be used for travel, recreation and vacation and constructed as an integral part of a self-propelled vehicle.

D.

Camping trailer means a fold structure mounted on wheels and designed for travel, recreation and vacation use.

"Recreational trails" means any designated trail or golf course for public use.

"Recreation use area" is the area allowed within the shore impact zone for residential lots and conservation subdivisions.

A building that is not a junkyard and in which recoverable resources, such paper, glass and metal products, are collected, separated, flattened, crushed, or bundled prior to those recoverable resources being shipped to others who will use the recovered materials to manufacture new products.

An ordinary repair is replacing or restoring a structure or its parts that have become worn, damaged or decayed and as is defined in Minnesota Rule 1300.0120, subp. 6.

Construction that matches original conditions.

(This definition is only for the land application of septage.) "Residential and commercial development" means ten or more places of habitation concentrated within ten acres of land. The term also includes apartment buildings or complexes having ten or more units, schools, churches, hospitals, nursing homes, businesses, and offices.

Residential program shall have the meaning given in Minnesota Statutes section 245A.02, subdivision 14; or successor statutes.

(Amend. of 5-1-2018(1))

A responsible party means any one or more of the following:

A.

An owner, occupant or agent,

B.

An assignee or collector of rents,

C.

A contract for deed vendee,

D.

A mortgagor in possession,

E.

A receiver, executor or trustee,

F.

A lessee,

G.

A mortgagee in possession,

H.

Other person, firm or corporation exercising apparent control over a property.

A public school as defined in Minnesota Statutes 120.05 or a nonpublic school or a nonsectarian nonpublic school as defined in Minnesota Statutes § 123.932.

The method by which a view of one site or structure from another adjacent site is shielded, concealed, or hidden.

The removal of single scattered trees.

"Semi-public use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

"Semi-trailer" means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its weight or that of its load rests upon and is carried by the truck-tractor, or shall include a trailer drawn by a truck-tractor, semi-tractor combination.

"Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

"Septage" means those solids and liquids removed during regular maintenance of a septic tank or aerobic tank or those solids and liquids which are removed from a holding tank or any other part of an on-site sewage holding or treatment system that receives domestic sewage wastes.

"Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility or use and an ordinary high water level, sewage treatment system, top of a bluff, street or road right-of-way line, property line, or other facility or use.

"Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in section 19.04H of this ordinance.

"Sewer system" means 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.

Contiguous real estate that is subject to an instrument which obligates persons owning a separately described parcel of the real estate and occupying a part of the real estate pursuant to a proprietary lease or covenant for residential use for more than three weeks within a year, by reason of their ownership or occupancy, to pay for real estate taxes levied against, insurance premiums payable with respect to, maintenance of, or construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies.

A planting strip of grass, trees or shrubs established and maintained for the purpose of screening or limiting the view, odor, dust, sound, wind or other nuisances, resulting from property uses.

A state-licensed, pay-to-hunt enterprise consisting of 100 to 1,000 contiguous acres and operated under provisions of Minnesota Statutes § 97A.115.

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

"Shoreland" means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

The ordinary high water level of a lake, pond or flowage.

Any name, identification, description, display, illustration, picture, structure, emblem, or device which is affixed to, painted, situated, located, or represented upon a building, bench, structure, vehicle, or piece of land, which is intended to direct attention to an object, product, place, activity, person, organization, business, information or other subject matter. The structure supporting or intended to support a sign shall be considered part of that sign.

A sign that is permanently affixed to a building, other unmovable structure, or the ground.

A sign intended for use for only a limited period of time.

"Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

"Significant wetlands" means having a significant water storage or wildlife habitat.

The following minimum standards shall apply to single family dwellings in addition to any other standards or conditions contained within this ordinance.

A.

The structure shall have a permanent foundation as defined in this ordinance.

B.

The minimum width of the structure, excluding manufactured homes, shall be 24 feet, as measured across the narrowest portion. Width measurements shall be measured from principal walls.

C.

A single family dwelling shall contain a minimum of 800 square feet of floor area as measured on any one level of the dwelling. An attached garage, carport or other attached structure shall not be measured as part of the square feet of a dwelling.

D.

The structure shall have a pitched roof, covered with shingles or tile, with a minimum of eight-inch eaves.

"Sinkhole" means a closed depression in an area of karst topography that is formed either by solution of surficial limestone or by collapse or underlying caves.

Any tract, lot or parcel of land or combination of contiguous lots, parcels or tracts of land.

The development plan for one or more lots or parcels of land on which is shown the existing and proposed conditions of the said lot or parcel as required in this ordinance and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

"Soil textural classification" means the relative portion of the soil separates: sand, silt and clay (as set forth in The Guide for USDA Soil Textural Classification).

•

Coarse texture is United States Department of Agriculture (USDA) Textural Classification's sand and loamy sand.

•

Medium texture is USDA Textural Classification's sandy loam, silt, silt loam, and sandy clay loam.

•

Fine texture is USDA Textural Classification's clay loam, silty clay loam, sandy clay, silty clay, and clay.

"Solid waste" means garbage, refuse, and other discarded solid materials, except animal waste used as fertilizer, including solid waste materials resulting from industrial, commercial, agricultural operations or community activities.

A.

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

B.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

A.

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 sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

B.

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

C.

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

D.

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

E.

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 restraint of any such persons; or

F.

Erotic or lewd touching, fondling or other sexually-oriented contact within animal by a human being; or

G.

Human excretion, urination, menstruation, vaginal or anal irrigation.

"Steep slope" means 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 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

"Storage building" means any building or improvement subordinate to a principal use which is 200 square feet or less, as described in section 22.03.A.9. If on any site there is more than one storage building 200 square feet or less, only the first structure 200 square feet or less shall be deemed a "storage building" and all subsequent structures 200 square feet or less shall be considered "accessory structure or facility" buildings as described in section 23.01.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between such a floor and the ceiling next above it. A basement shall be considered a story if its ceiling is over five feet above the average established grade.

A "half story" is an upper most story lying under a sloping roof, the useable floor area of which does not exceed 75 percent of the floor area of the story immediately below it and not used or designed, arranged or intended to be used, in whole or in part, as an independent housekeeping unit or dwelling. A half story containing independent apartments or living quarters shall be deemed a full story.

Any thoroughfare or way dedicated to the use of public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court or other similar designation, or a private street open to restricted travel and at least 40 feet in width including the land in the right-of-way.

Anything which is built, constructed or erected on the ground or attached to the ground; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character, including decks and privacy and solid fences but excluding underground utilities and split rail and chain link fences.

Any changes in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial change in the roof and exterior walls.

"Subdivision" means land that is divided into two or more lots, tracts, parcels or other divisions for the purpose of development, sale, rent, or lease.

"Surface tile inlet" means a perforated conduit directly connected to drainage tile for the purpose of draining surface water and runoff.

"Surface water-oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

"Surface waters" means any water basins or watercourses defined as natural watercourses or public waters in Minnesota Statutes, section 103, subdivisions 14 and 15, respectively.

See section 23.25.7, Cropland, farmed (tillable).

See section 23.25.8, Cropland, non-tillable.

"Toe of the bluff" means the lower point of a 50-foot segment with an average slope exceeding 18 percent.

"Top of the bluff" means the higher point of a 50-foot segment with an average slope exceeding 18 percent.

A structure privately or publicly owned, used for commercial purposes, upon which radio, television, cellular telecommunications, personal communication services or other communication antenna and/or equipment of a similar nature is mounted, excluding towers used for business band, citizens band, amateur radio, personal television reception antennae, or other similar personal uses.

A structure privately or publicly owned, used for non-commercial purposes, upon which an antenna and/or equipment of a similar nature is mounted for personal radio, television or other personal communications use including, but not limited to, business band, citizens band, amateur radio, short wave radio and personal television reception.

A structure publicly or privately owned that converts the kinetic energy of moving air into electrical energy.

A "tourist home" shall be construed to mean any dwelling occupied in such a manner that certain rooms in excess of those used by members of the family unit are herein provided and occupied as a home or family unit, are rented without cooking facilities to the public for compensation and catering primarily to the traveling public.

An area, parcel, site, piece of land, or property which is the subject of an application or permit request in this ordinance.

The conveyance of development rights by deed, easement or other legal instrument authorized by the county to another parcel of contiguous land, and the recordation of that conveyance in the land records of Meeker County.

A room or space specifically designed and constructed to house any home utilities such as the heating unit and laundry facilities.

The purpose for which land or buildings thereon are designed, arranged or intended to be occupied or used or for which they are occupied or maintained.

Permitting a use of land other than that prescribed by the zoning regulations that may or may not change the character of the zoning district and where the applicant has established a practical difficulties.

The waiving of the strict application of the requirements of this ordinance by the board of adjustment. Variance means the same as that term is defined or described in Minnesota Statutes, chapter 394 (also see section 23.04.1, Area Variance, and section 23.132.1, Use Variance).

A self-propelled device used for the transportation of people or goods over land surfaces. A vehicle shall not include farm machinery or farm implements in a farmyard or farm building site.

A vehicle not able to run under its own power without mechanically altering or repairing its parts. This does not include batteries.

A vehicle not having a valid or current registration (license) plate or tabs.

"Warrantied systems" are technologies or designs for which documentation and a warranty has been submitted to the MPCA. Warrantied systems are considered an experimental system.

"Watercraft" includes but is not limited to motor boats, rowboats, sailboats, sailboards, canoes, kayaks, paddle boats, rowing shells or sculls, all-terrain vehicles used in water, personal watercraft (also called jet skis, water scooters, wet-cycles, etc.), and inflatables over nine feet long.

"Water-oriented accessory structure or facility" means a small, above-ground structure 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, and detached decks.

"Well" means any water well as defined in Minnesota Statutes § 156A.02, subdivision 1.

"Wetland" means any lands as defined in Minnesota Statutes, section 103G.005, subd.19.

Must have ten trees with a diameter of eight inches or more measured at a point two feet or more above ground, excluding all vegetation lying within the wetland boundaries as defined in section 23.137 of the Meeker County Zoning Ordinance and fence line timber. Fence line timber means trees located within 40 feet of the perimeter of the quarter-quarter.

A space not occupied by a building or buildings, open to sky, and on the same lot as the principal building.

A yard extending across the full width of the lot and lying between the front lot line and a line at a distance therefrom as specified by the regulations.

A yard extending across the full width of the lot and lying between the rear lot line and a line at a distance therefrom as specified by these regulations.

A yard between the side lot line and a line at a distance therefrom as specified by the regulations. Least width is the minimum allowed on one side and the sum is the minimum total of both sides.

An establishment organized, developed, managed, and operated under supervision for the primary purpose of education, recreation, health, or similar purpose for young persons less than 21 years of age.

A public playground, park, public swimming pool, public library, or licensed day care facility.

The zoning administrator of the county shall be appointed by the county board as an employee of the county for the purpose of discharging the duties of the office.