[Adopted 6-7-2005 (Ordinance
1, Chs. 1, 2 and 4, of the 2005 Code)]
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.
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.
