Every provision of these ordinances shall be severable from every other part or provision thereof, and if one provision is held invalid by a court, such invalidity shall not affect any other part or provision thereof.
[Adopted 6-7-2005 (Ordinance 1, Chs. 1, 2 and 4, of the 2005 Code)]
The language set forth in the text of an ordinance shall be interpreted in accordance with the following rules of construction:
A.
The singular includes the plural and the plural the singular.
B.
The present tense includes the past and future tenses, and the future tense includes the present tense.
C.
The word "shall" is mandatory, and the word "may" is permissive.
D.
The masculine gender includes the feminine and neuter genders.
E.
Whenever a word or term defined hereinafter appears in the text of an ordinance, its meaning shall be construed as set forth in such definition. If no set definition is given in these ordinances, the Board of Adjustments and Appeals shall interpret and define any word or section of the ordinance.
[Amended 11-9-2022 by Ord. No. 2022-05]
F.
All measured distances expressed in feet shall be to the nearest tenth of a foot.
G.
In the event of conflicting provisions or laws, the more restrictive provisions or laws shall apply.
[Amended 11-9-2022 by Ord. No. 2022-05]
References in this Code to Minnesota Statutes are to the Minnesota Statutes Annotated as of the adoption of this Code, as amended or renumbered from time to time, unless otherwise provided in this Code.
The following definitions will apply throughout the Code unless specifically indicated otherwise:
The Town Board of Supervisors of Eureka Township, Dakota County, Minnesota.
A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the municipality and its environs, as defined in the Minnesota Municipal Planning Act,[2] and includes any unit or part of such plan separately adopted, and any amendment to such plan or parts thereof.
Any natural or artificial device for the conveyance or storage of water used to drain or store surface or underground water, including but not limited to streams, rivers, creeks, ditches, channels, conduits, gullies, ravines or washes, and including structures connected therewith, including culverts, drainage tile, dams and bridges, and water storage basins, such as lakes and ponds, natural or man-made.
An account in which funds are set aside for payment of attorney, planning, engineering or other professional consultant costs incurred in processing an application.
[Amended 8-13-2007 by Res. No. 59]
A charge for processing an application, which must be paid at the time of application and which is nonrefundable.
[Amended 8-13-2007 by Res. No. 59]
The legal or beneficial owner or owners of land within the territorial limits of the Township of Eureka, a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
[Amended 8-13-2007 by Res. No. 59]
Plantings, such as trees, flowers, grass and shrubs, and improvements directly related thereto.
[Amended 8-13-2007 by Res. No. 59]
Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
[Amended 6-14-2010 by Ord. No. 2010-1]
A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile.
The Planning Commission of Eureka Township.
Public and private not-for-profit educational institutions, governmental buildings, museums, art galleries, firehouses, post offices, police stations, libraries, public recreational facilities, essential services and similar uses.
Land owned or operated by municipal, school district, county, state, or other governmental units.
Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone service to the general public. For the purpose of this section, wireless telecommunications service facilities shall not be considered public utility uses and are defined separately.
A parcel of land which may include bodies of water and incidental buildings maintained for public recreation, including but not limited to parks, playgrounds, golf courses, hunting preserves, polo grounds, nature trails, bridle paths, beaches, campsites, ski and snowmobile trails, and canoe routes.
The entire width between boundary lines of any way or place under the jurisdiction of the Town Board when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic and is maintained by the Town Board.
A right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, freeway, parkway, thoroughfare, road, avenue, boulevard, lane, trail, way or place, or however otherwise designated; however, not including privately owned driveways, easements and/or access routes.
The Board of Supervisors of Eureka Township, Dakota County, Minnesota.
Geographical boundaries of Eureka Township, Dakota County, Minnesota.
[Amended 11-9-2022 by Ord. No. 2022-05]
[1]
Editor's Note: As part of the 2022 recodification, certain definitions which had been included in this section were moved and included in the chapters to which they apply. The former definition of "lot of record, substandard" which appeared in this section was repealed 12-13-2010 by Ord. No. 2010-06. The former definitions of "community water and sewer systems," "comprehensive sewer plan" and "reclamation land" which appeared in this section were repealed 11-9-2022 by Ord. No. 2022-05.
[2]
Editor's Note: See M.S.A. § 462.351 et seq.