As used in this chapter, the following terms and phrases shall
have the indicated meanings:
Any person or persons, corporation, or other entity that
owns, leases, or in any other way uses or controls the real property
adjoining any portion of the property of another.
[Amended 6-14-2010 by Ord. No. 2010-1]
A subordinate building that serves an accessory use of the
parcel on which it is located and does not change the character of
the principal use. In other words, an accessory building is a building
which is an accessory structure.
[Amended 6-14-2010 by Ord. No. 2010-1]
A subordinate structure that serves an accessory use of the
parcel on which it is located and does not change the character of
the principal use.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
A use of a parcel that is subordinate to the principal use
of the parcel, is located on the same parcel as the principal use,
is customarily associated with and incidental to the principal use,
and does not change the character of the principal use. There can
be no accessory use on a parcel without a principal use.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
Any message, whether in words, symbols, pictures or any combination
thereof, painted or otherwise applied to the face of an outdoor advertising
device, which message is designed, intended, or used to advertise
or inform.
[Amended 8-13-2007 by Res. No. 59]
Any building other than a dwelling that is incidental to
the farming operation, including but not limited to barns, granaries,
silos, farm implement storage buildings and milk houses.
Operations operating for a profit which include, but are
not limited to, the cultivation and tillage of soil; dairying; the
production, irrigation, cultivation, growing, harvesting and processing
of any agricultural commodity, including horticulture and timber;
the raising of livestock, fur-bearing animals, fish or poultry; or
any commercial agricultural practice performed as incidental to or
in conjunction with such operations, including preparation for market
or delivery to storage, to market, or to carriers for transportation
to market.
The use of land for the production of farm crops as well
as for the raising of livestock.
A building for the storage of aircraft, and which may be
used for the maintenance of the aircraft stored therein.
[Amended 6-14-2010 by Ord. No. 2010-1]
A tract of leveled land where aircraft can take off and land,
usually equipped with hard-surfaced landing strips, a control tower,
hangars, aircraft maintenance and refueling facilities, and accommodations
for passengers and cargo.
An airfield without normal airport facilities.
A lot or building or combination of lots and buildings intended
for the confined feeding, breeding, raising, or holding of livestock
for eventual sale and specifically designed as a confinement area
in which manure may accumulate, or where the concentration of animals
is such that a vegetative cover cannot be maintained within the enclosure.
For purposes of this chapter, open lots used for the feeding and rearing
of poultry (poultry ranges) shall be considered animal feedlots. Feedlots
include accessory structures thereto. Pastures shall not be considered
animal feedlots under this chapter.
Poultry, livestock, or other animal excreta or a mixture
of excreta with feed, bedding, precipitation, or other materials.
A unit of measure used to compare differences in the production
of animal manure that employs as a standard the amount of manure produced
on a regular basis by a slaughter steer or heifer for an animal feedlot
or manure storage area calculated by multiplying the number of animals
of each type in Subsections A to L of this definition by the respective
multiplication factor and summing the resulting values for the total
number of animal units. On animal units, the following multiplication
factors apply:
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including, but not limited
to, directional antennas, such as panels, microwave dishes, and satellite
dishes, and omnidirectional antennas, such as whip antennas.
A room or suite of rooms with cooking facilities available
which is occupied as a residence by a single family or a group of
individuals living together as a single-family unit. This includes
any units in buildings with more than two dwelling units.
A portion of a building in which half or more of its floor-to-ceiling
height is below the average grade of the adjoining ground.
The keeping, training or conditioning of animals owned by
another for a consideration.
A building other than a motel, hotel or apartment where,
for compensation and by prearrangement for definite periods, meals
or lodging is provided for at least three but not more than 20 persons
unrelated to the owner or lawful possessor by blood or marriage. The
term shall include the terms "rooming house" or "lodging house."
Any structure having a roof which may provide shelter or
enclosure of persons, animals, chattel, or property of any kind, and
when said structure is divided by party walls without openings, each
portion of such building so separated shall be deemed a separate building.
The vertical distance to be measured from the grade of a
building line to the top of the cornice of a flat roof, to the deckline
of a mansard roof, to a point on the roof directly above the highest
wall of a shed roof, to the uppermost point on a round or other arch-type
roof, or to the mean distance of the highest gable on a pitched or
hip roof.
[Amended 8-13-2007 by Res. No. 59]
A line parallel to the street right-of-way line at any story
level of a building and representing the minimum distance which all
or any part of the building is set back from said right-of-way line.
The exclusive use of 10 or more contiguous acres of land
for the production of field crops, livestock products, or livestock,
not counting one acre for homestead. For purposes of this section,
the terms "field crops," "livestock products" and "livestock" shall
include, but not be limited to:
[Amended 6-14-2010 by Ord. No. 2010-1]
Any animal that is commonly kept by persons as a pet or for
companionship. The definition of "companion animal" includes but is
not limited to domesticated dogs and domesticated cats.
A use which may be appropriate or desirable in a specified
zone but which may create special problems, such as excessive height
or bulk or abnormal traffic congestion, so that not all locations
within a specified zone might be suitable or in the best interest
of the community.
The physical restriction of an animal to a certain defined
location or area by leash, cord, chain, wall, fence, or other means.
[Amended 6-14-2010 by Ord. No. 2010-1]
The grade elevation established by the Town Board of the
curb in front of the center of the building. Where no curb level has
been established, the engineering staff shall determine a curb level
or its equivalent for the purpose of this chapter.
A place where six or more dogs over six months of age are
kept or harbored.
A residential building or portion thereof intended for occupancy
by a single family, but not including hotels, motels, boarding or
rooming houses, or tourist homes.
A dwelling which is joined to another dwelling.
A dwelling which is entirely surrounded by open space on
the same lot.
A single-family residential structure partially or entirely
below ground, that is waterproofed to sufficiently provide a low-humidity
interior environment, is not designed for the future installation
of an upper floor, and is designed to meet or exceed all State Building
Code standards for fire safety, window area and other requirements.
Any animal that is not normally domesticated in the United
States or is wild by nature. Exotic animals include, but are not limited
to, any of the following orders and families, whether bred in the
wild or captivity, and also any of their hybrids with domestic species
(the animals listed in parentheses are intended to act as examples
and are not be construed as an exhaustive list or limit the generality
of each group of animals, unless otherwise specified):
Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
Felidae (lions, tigers, bobcats, cougars, leopards, jaguars,
not domesticated cats).
Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs).
Ursidae (all bears).
Repitilia (all venomous snakes, all constricting snakes, iguanas,
turtles, lizards).
Crocodilia (alligators, crocodiles).
Proboscidae (elephants).
Hyanenidae (hyenas).
Artiodactyla (hippopotamuses, giraffes, camels, not cattle or
swine or sheep or goats).
Procyonidae (raccoons, coatis).
Marsupialia (kangaroos or possums).
Perissodactylea (rhinoceroses, tapirs, not horses or donkeys
or mules).
Edentata (anteaters, sloths, armadillos).
Viverridae (mongooses, civets, genets).
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
[Amended 11-9-2022 by Ord. No. 2022-05]
Real property used for commercial agriculture comprising
10 or more contiguous acres, and which may comprise additional acreage
which may or may not be contiguous to the principal 10 acres, all
of which is owned and operated by a single family, family corporation,
individual or corporate enterprise.
The federal administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services and
providers on a national level.
See definition of "animal feedlot."
The sum of the gross horizontal areas of the several floors
of the building or portion thereof devoted to a particular use, including
accessory storage areas located within selling or working space, and
including any basement floor area devoted to retailing activities,
to the production or processing of goods, or to business or professional
offices. However, the floor area shall not include basement floor
area, other than area devoted to retailing activities, the production
or processing of goods, or to business or professional offices.
An accessory building, or accessory portion of the principal
building, which is intended for and used to store the private passenger
vehicles or other motor vehicles of the family resident upon the premises.
Structure or body of land or water of historic, archaeological,
paleontological, or architectural content or value which has been
designated as a historical site in the Federal Register of Historical
Landmarks, by the Minnesota Historical Society, or by resolution of
a local governmental unit.
An occupation or profession engaged in by the occupant of
a dwelling, which is clearly secondary to the principal use, when
carried on within the dwelling unit and not in an accessory structure,
and which shows no activity other than activity normally present in
a residential dwelling unit.
The use of land for production and sale of fruits, including
apples, grapes and berries, vegetables, flowers, nursery stock, including
ornamental shrubs, trees and cultured sod. This shall include the
right to sell fruits, vegetables, flowers and nursery stock as described
above which are harvested from land which is noncontiguous and are
harvested and sold for the purpose of supplementing the fruits, vegetables,
flowers, and nursery stock, including ornamental shrubs, trees and
cultured sod which are produced on the land at which the sale is occurring.
[Amended 5-8-2017 by Ord.
No. 2017-01]
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, patios, driveways,
parking lots, storage areas and concrete, asphalt, or gravel roads.
[Added 10-15-2013 by Ord.
No. 2013-06]
Occurring as a minor, subordinate, or chance use or instance,
related to the principal use.
[Amended 8-13-2007 by Res. No. 59]
A temporary use of property until a particular date, until
the occurrence of a particular event, or until zoning ordinances no
longer permit it.
[Amended 8-13-2007 by Res. No. 59]
Any structure or equipment, mechanical or otherwise, used
to supply water to cultivated fields or supplement normal rainfall,
including but not limited to wells, pumps, motors, pipes, culverts,
gates, dams, ditches, tanks, ponds, and reservoirs.
Any motor vehicle which for a period of 45 days or more is
not in operable condition or is partially dismantled, or which is
used for sale of parts or as a source of repair or replacement parts
for other vehicles, or which is kept for scrapping, dismantling, or
salvage of any kind or which for a period of 30 days or more is not
properly licensed and insured for operation within the State of Minnesota,
except season service vehicles, where license is required for part
of year only.
An open area where waste, and used or secondhand materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handled, including, but not limited to, scrap iron and other metals,
paper, rags, rubber, tires, and bottles. A junkyard includes uses
established entirely within enclosed buildings. This definition does
not include sanitary landfills.
A tower, erected on the ground, which consists of metal crossed
strips or bars to support antennas and related equipment.
Any animal commonly used by persons for draft or pleasure
purposes. The definition of "livestock" includes but is not limited
to poultry, cattle, swine, sheep, goats and horses, but shall not
include companion or exotic animals.
[Amended 8-13-2007 by Res. No. 59]
A parcel of land, subdivided or otherwise capable of legal
description, and having a principal frontage along a public road.
The area of a lot in a horizontal plane bounded by the lot
lines.
The mean horizontal distance between the front lot line and
the rear lot line of a lot.
The property line bounding a lot, except that where any portion
of a lot extends into the public right-of-way, the line of such public
right-of-way shall be the lot line for applying these ordinances.
That boundary of a lot which abuts an existing or dedicated
public street, and in the case of a corner lot it shall be the shortest
dimension on a public street. If the dimensions of a corner lot are
equal, the front lot line shall be designated by the owner and filed
with the Town Board.
[Amended 8-13-2007 by Res. No. 59]
That boundary of a lot which is opposite the front lot line.
If the rear line is less than 10 feet in length, or if the lot forms
a point at the rear, the lot line shall be a line 10 feet in length
within the lot, parallel to and at the maximum distance from the front
lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
Division of an existing parcel of land into two or more parcels.
All surveys for lot splits must include a plat of the new parcels
and the required legal description to record the split. A lot split
is not a lot of record unless and until it has been filed with the
Office of the Dakota County Recorder and has been assigned a separate
Parcel Identification Number (PIN) by the Dakota County Treasurer-Auditor's
Office.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
The maximum horizontal distance between the side lot lines
of a lot measured within the first 30 feet of the lot depth.
A lot situated at the junction of and abutting two or more
intersecting streets, or a lot at the point of deflection in alignment
of a continuous street, the interior angle of which does not exceed
135°.
A lot of record which does not meet the minimum lot area,
structure setbacks, or other dimensional standards of an ordinance.
A lot which has a pair of opposite lot lines abutting two
substantially parallel streets, and which is not a corner lot. On
a through lot, both street lines shall be front lot lines for applying
an ordinance.
A nonmobile housing unit that is basically fabricated at
a central factory and transported to a building site where final installations
are made, permanently affixing the module to the site. A manufactured
home is a single-family dwelling.
[Amended 8-13-2007 by Res. No. 59]
The extraction of sand, gravel, rock or other materials from
the land in the amount of 400 cubic yards or more, and the removing
thereof from the site without processing shall be mining. The only
exclusion from this definition shall be removal of materials associated
with construction of a building, provided such removal is an approved
item in the building permit.
See "manufactured home."
Any premises on which lots are rented for the placement of
nontransient occupied mobile homes.
A single, self-supported pole-type tower, tapering from the
base to the top and supporting a fixture designed to hold one or more
antennas.
A building or group of detached, semidetached, or attached
buildings containing guest rooms or dwellings, with garage or parking
space conveniently located to each unit, and which is designed, used
or intended to be used primarily for the accommodation of automobile
transients. The term includes the term "tourist court."
A tower to which is attached the antennas of more than one
service provider or governmental entity.
Two or more dwelling units in one structure. The definition
includes apartment buildings.
Any structure or use lawfully established prior to the effective
date of these ordinances but which is not permitted under the provisions
of these ordinances.
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1]
An outdoor advertising sign that advertises an activity,
service or product and that is located on premises other than the
premises at which activity or service occurs or product is sold or
manufactured.
[Amended 8-13-2007 by Res. No. 59]
Areas where grass or other growing plants are used for grazing
and where the concentration of animals is such that a vegetation cover
is maintained during the growing season except in the immediate vicinity
of temporary supplemental feeding or watering devices.
An area enclosed, for example, by walls, bars or meshed wire
in which one or more animals are kept; depending on the size of the
enclosure and the stocking density, the freedom of movement of the
animals is usually less restricted than in a cage.
A use which is expressly permitted within a district established
by these ordinances, provided that such use conforms with all requirements,
ordinances and performance standards of such district.
A map or chart of a lot subdivision or community showing
boundary lines, improvements on the land and easements prepared for
recording or recorded at the County Recorder.
Any lot which is one unit of a plat heretofore duly approved,
one unit of an auditor's subdivision or a registered land survey,
or is separately described in a deed, contract for deed, or other
legally sufficient instrument of conveyance, and which was filed in
the office of the Dakota County Recorder on or before April 12, 1982.
Also to be considered as a pre-1982 lot of record shall be any parcel
delineated on a certificate of survey prepared by a Minnesota-licensed
land surveyor, and which was filed in the Dakota County Surveyor's
Office on or before April 12, 1982.
[Amended 6-14-2010 by Ord. No. 2010-1]
A structure that is the main or primary structure as designated
by the main or principal use of the land and distinguished from subordinate
or accessory structures. A dwelling or agricultural building in an
agricultural district are examples of a principal structure.
[Amended 6-14-2010 by Ord. No. 2010-1; 11-9-2022 by Ord. No. 2022-05]
A principal use relates to the main purpose of the zoning
district, exists independently of any other use of a property, and
is allowed as a permitted, conditional, or interim use.
[Amended 6-14-2010 by Ord. No. 2010-1]
A kennel where dogs or other companion animals are kept by
the owner for personal use.
A place where horses or draft animals are kept by the owner
for personal use and enjoyment. A private stable may not be used for
commercial purposes, such as selling, boarding, breeding, showing,
treating or grooming horses or draft animals for a consideration.
[Amended 6-14-2010 by Ord. No. 2010-1]
A place where horses or draft animals are kept for public
use or sale, which shall include but not be limited to the following
activities: riding, rentals, boarding, auctions, racing, competition,
sale of accessories, rodeos, and the giving of instructions in riding
and horsemanship.
[Amended 6-14-2010 by Ord. No. 2010-1]
An approximately forty-acre parcel of land constituting the
northeast, northwest, southwest or southeast quarter of a quarter
section of the United States government system of land survey.
A public or private institution of learning and education
which meets the compulsory attendance requirements of M.S.A. Ch. 120A.
[Amended 6-14-2010 by Ord. No. 2010-1]
Any individual or entity which provides wireless telecommunications
services.
A name, identification, description, display, illustration,
structure, or device which is affixed to, or painted, or represented
directly or indirectly upon a building or other outdoor surface or
a piece of land, and which directs attention to an object, product,
place, activity, person, institution, organization, or business.
[Amended 6-14-2010 by Ord. No. 2010-1]
A freestanding (detached) permanent structure, designed for
habitation by human beings, designed for one family.
A tower to which is attached only the antennas of a single
service provider, although the tower may be designed to accommodate
the antennas of multiple users.
A device, structure or a part of a device or structure for
which the primary purpose is to capture sunlight and transform it
into thermal, mechanical, chemical or electrical energy.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting, or provide
for the collection, storage and distribution of solar energy for space
heating, cooling, electricity generation, or water heating, but shall
not include skylights or solar tubes.
A solar energy system that is accessory to the primary land
use, and designed to supply energy solely for the primary use.
A freestanding solar system mounted directly to the ground
using a rack, pole, or stabilizers or similar apparatus rather than
being mounted on a building.
Solar energy system (typically panels) that is mounted on
the roof or building using brackets, stands or other apparatus.
A panel that is designed to absorb the sun's rays as a source
of energy for generating electricity or heating. A solar panel is
a packaged, connected assembly of typically six-foot by ten-foot solar
cells.
The portion of a building included between the surface of
any floor and the surface of the floor above it, or if there is no
floor above it, then the space between the floor and the ceiling above
it. A basement shall not be counted as a story.
Any change, other than incidental repairs, to the supporting
members of a building, including foundations, bearing walls or partitions,
columns, beams, or girders, or any structural change in the roof or
exterior walls.
Anything which is built, constructed, or erected; 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. Among other things, structures
include but are not limited to buildings, gazebos, decks, retaining
walls, walls, fences, and swimming pools.
The division by plat or deed of a piece of property into
two or more lots, plots, sites, tracts, parcels, or other land divisions.
A system designed to capture surface water or groundwater
that enters basement or crawl spaces of a structure and pump said
water to an area lying outside the boundaries of the structure. The
basic sump pump system includes drain tile, a sump pit (which extends
below the slab and collects surface water that enters the basement
or crawl space or groundwater that rises to the slab), a sump pump,
a flow or switch and a drain discharge line. The drain discharge line
should direct the sump water out of the structure.
[Added 5-8-2017 by Ord.
No. 2017-03]
Any structure intended for swimming or recreational bathing
that contains water over 24 inches (610 millimeters) deep. This includes
in-ground, aboveground and on-ground swimming pools; hot tubs; and
portable and nonportable spas.
[Amended 3-14-2011 by Ord. No. 2011-01]
A structure whose use is permitted only temporarily, that
is, for not more than 180 days. "Temporary" refers to the permitting
and the use of the structure, not to any physical characteristics
of the structure. The physical requirements for a temporary structure
are therefore no different than those for any other similar structure
whose use is not specifically temporary.
[Amended 6-14-2010 by Ord. No. 2010-1]
Any ground- or roof-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting or supporting an antenna,
or antenna for wireless telecommunications purposes which is taller
than 15 feet, including roof antennas.
Antennas, wave guides, microwave transmission and reception equipment, uplink and downlink satellite antennas and other similar equipment, as well as any tower 300 feet or less in height above mean sea level (AMSL) described in the original conditional use permit issued hereunder to the property owner, which are used or useful for, or in connection with, continuous or standby transmission, relay or reception of radio frequency signals to or from other terrestrial locations or satellites orbiting the earth, and the use and operation of such accessory equipment and structures shall be in accordance with performance standards in § 240-30A(4)(h), Accessory utility buildings.
[Added 9-9-2019 by Ord.
No. 2019-01]
Any building containing audio, video and satellite transmitting
and receiving equipment and other related equipment and parts, including
standby power generators and vehicles, used or useful for or in connection
with continuous or standby use of broadcast tower or accessory equipment
and structures, and the use and operation of equipment contained in
such transmitting buildings.
[Added 9-9-2019 by Ord.
No. 2019-01; amended 11-9-2022 by Ord. No. 2022-05]
Any commercial and public radio and television transmitting
tower and antenna, including the building used in connection with
said transmitting tower and/or antenna described in the original conditional
use permit issued hereunder to the property owner, 300 feet or less
in height above mean sea level (AMSL) used for continuous or standby
broadcasting, transmitting, receiving or relaying of radio frequency
signals and information for private, commercial, public or institutional
use.
[Added 9-9-2019 by Ord.
No. 2019-01; amended 11-9-2022 by Ord. No. 2022-05]
See "nonconforming use or structure."
[Amended 8-13-2007 by Res. No. 59; 6-14-2010 by Ord. No. 2010-1; 11-9-2022 by Ord. No. 2022-05]
See "permitted use."
[Amended 11-9-2022 by Ord. No. 2022-05]
Written approval waiving the literal provisions of these
ordinances in instances where the strict enforcement would cause practical
difficulties which are not created by the owner.
Licensed commercial wireless telecommunications services
include cellular, personal communication services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),
paging, and similar services that are marketed to the general public.
A required open space on a lot which is unoccupied and unobstructed
by a structure from its lowest level to the sky, except as permitted
in the ordinances. The yard extends along the lot line at right angles
to such lot line, to a depth or width specified in the setback ordinances
for the zoning district in which such lot is located.
A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting street right-of-way
line to a depth required in the setback ordinances for the zoning
district in which such lot is located.
The portion of the yard on the same lot with the principal
building located between the rear line of the building and the rear
lot line, and extending for the full width of the lot.
The yard extending along the side lot line between the front
and rear yards to a depth or width required by setback ordinances
for the zoning district in which such lot is located.
The duties of the Zoning Administrator hereunder shall be
undertaken by the Town Clerk.
A change authorized by the governing body either in the allowed
use within a district or in the boundaries of a district.
An area or areas within the limits of the Township for which
the ordinances and requirements governing use are uniform.
Zoning ordinances controlling the use of land as adopted
by Eureka Township Town Board.
