Eureka Township Dakota County
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 240-1 Short title.
This chapter shall be known, cited and referred to as the "Eureka Township Zoning Ordinance."
§ 240-2 Intent and purpose.
A.
Intent. It is the intent of this chapter to identify and classify all lands within the boundaries of Eureka Township, Dakota County, Minnesota, according to their most logical and appropriate long-term use, as established in the Eureka Township Comprehensive Plan.
[Amended 8-13-2007 by Res. No. 59]
B.
Purpose. It is the purpose of this chapter to:
(1)
Protect the public health, safety, morals, comfort, convenience, and general welfare.
(2)
Protect and preserve lands identified for long-term agricultural use.
(3)
Promote well-managed and staged development of residential, commercial, industrial, recreational, and public areas.
(4)
Conserve and manage the use of natural resources.
(5)
Provide for the compatibility of different land uses and the most appropriate use of land throughout the Township.
§ 240-3 Compliance required.
No structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.
§ 240-4 Nonconforming uses and structures.
Any structure or use existing as of September 7, 2004, and which did not conform to the provisions of Township ordinances as then enacted is deemed a legal nonconforming use ("grandfathered use") and may be continued subject to the following conditions:
A.
Except as provided in § 240-5 below, no such use shall be expanded or enlarged except in conformity with the provisions of this chapter.
B.
If a nonconforming use is discontinued for a period of one year, further use of the structures or property shall conform to this chapter. All instances of nonconforming uses which have been discontinued for a period of 12 consecutive months shall be void.
C.
If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
D.
Any nonconforming sewage disposal system may be continued for a period of five years after the effective date of this chapter, after which such nonconforming use shall cease.
E.
Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
§ 240-5 Registration of legal nonconforming uses.
All legal nonconforming uses in the Township are encouraged, but not required, to register pursuant to the terms of this section. Only those uses so registered on or before December 31, 2004, shall be entitled to the benefit of the terms of this section. Uses not registered in conformity with the terms of this section shall be governed by the provisions of § 240-4 above. The deadline for the registration of legal nonconforming uses was December 31, 2004.
A.
All registrations of legal nonconforming uses must be on a form prescribed by the Town Board and must be accepted by the Town Board as a complete registration in order for the registrant to receive the benefits hereunder.
B.
Forms, when filled out by registrants, shall be submitted to the Planning Commission for consideration at the next regularly scheduled Planning Commission meeting when the registration can be placed on the agenda. The Planning Commission shall place the registration on the agenda and shall review the application. The applicant shall attend the hearing and answer any questions about the use that the Planning Commission or members of the public may have. The Planning Commission may request an inspection of the property to verify the scope of the proposed use. Once the Planning Commission has completed its review of the application it shall be accepted for filing. The acceptance for filing of the application does not constitute a statement by the Town Board that the applicant's use is legal. If the applicant and the Planning Commission cannot agree on the completeness or the appropriateness of the registration, then the matter shall be taken up by the Town Board at its next regularly scheduled meeting where the matter can be placed on the agenda. The Town Board shall determine whether to accept the registration for filing.
C.
Registered legal nonconforming uses may be altered as long as the impact on neighboring properties remains the same. Any alteration of a registered legal nonconforming use which may alter the impact on neighboring properties must go through the expansion process set forth below. Impacts include, but are not limited to, noise, hours of operation, number of trips, sounds, view and any other affect or observable activity associated with the use which might be argued to negatively impact on the health, safety, welfare, and enjoyment of property of adjoining property owners.
D.
Registered legal nonconforming uses may be expanded pursuant to M.S.A. § 462.357, Subdivision 1e(b), as follows:
(1)
A public hearing shall be held on the proposed expansion.
(2)
Expansion will be allowed only in conformity with conditions and limitations such as may be required by the Town Board to prevent and abate nuisances and to protect the public health, welfare, or safety.
(3)
Whether to permit expansion of a legal nonconforming use is a discretionary decision of the Town Board. Owners and operators of legal nonconforming uses do not have an automatic right to expansion.
(4)
When determining whether to grant an expansion request, the Town Board shall consider and make findings regarding:
(a)
The additional nuisance impact, if any, of the proposed growth.
(b)
The applicant's history of Township ordinance compliance.
(c)
Input from neighbors and residents.
(d)
What reasonable conditions, including whether there should be a prohibition on further expansions, should be imposed on the expanded legal nonconforming use.
§ 240-6 Violations and penalties.
[Added 11-9-2022 by Ord. No. 2022-05]
Any person who violates or permits a violation of this chapter shall, upon conviction thereof, be subject to the penalty provisions prescribed in § 1-5 of this Code.