As used in this chapter, the following terms and phrases shall have the indicated meanings:
ABUTTING PROPERTY OWNERAny 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]
ACCESSORY BUILDINGA 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]
ACCESSORY STRUCTUREA 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]
ACCESSORY USEA 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]
ADVERTISINGAny 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]
AGRICULTURAL BUILDINGAny 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.
AGRICULTURAL OPERATIONSOperations 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.
AGRICULTUREThe use of land for the production of farm crops as well as for the raising of livestock.
AGRITOURISM ACTIVITY, AGRICULTURAL TOURISM, AG-TOURISM, AND/OR AGRI-TOURISMAn activity carried out on a farm or ranch that allows organizations or members of the general public, for recreational, entertainment, charitable, or educational purposes, to view, enjoy, or participate in rural activities, including, but not limited to: farming; viticulture; wine making; ranching; farm markets; freshly made and packaged food and beverage; and historical, cultural, recreational, farm stay, gleaning, harvest-your-own, or natural activities and attractions, including but not limited to: site-related and agritourism-related seasonal retail; educational programs; fire pits; hay pyramids; corn mazes; games; nonmechanical and farm equipment rides; and arts and crafts. An activity is an agritourism activity whether or not the participant pays to participate in the activity.
[Added 7-9-2024 by Ord. No. 2024-03]
AIRCRAFT HANGARA 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]
AIRPORTA 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.
AIRSTRIPAn airfield without normal airport facilities.
ANIMAL FEEDLOTA 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.
ANIMAL MANURE or MANUREPoultry, livestock, or other animal excreta or a mixture of excreta with feed, bedding, precipitation, or other materials.
ANIMAL UNITA 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:
A. One mature dairy cow, whether milked or dry:
(1) Over 1,000 pounds, 1.4 animal units; or
(2) Under 1,000 pounds, 1.0 animal unit;
B. One cow and calf pair, 1.2 units;
D. One slaughter steer, 1.0 animal unit;
E. One head of feeder cattle or heifer, 0.7 unit;
F. One head of swine:
(1) Over 300 pounds, 0.4 animal unit;
(2) Between 55 pounds and 300 pounds, 0.3 animal unit; or
(3) Under 55 pounds, 0.05 animal unit;
G. One horse, 1.0 animal unit;
H. One sheep or lamb, 0.1 animal unit;
I. One chicken:
(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;
J. One turkey:
(1) Over five pounds, 0.018 animal unit; or
(2) Under five pounds, 0.005 animal unit;
K. One duck, 0.01 animal unit; and
L. For animals not listed in Subsections
A to
K of this definition, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds.
ANTENNAAny 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.
APARTMENTA 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.
BASEMENTA portion of a building in which half or more of its floor-to-ceiling height is below the average grade of the adjoining ground.
BOARDINGThe keeping, training or conditioning of animals owned by another for a consideration.
BOARDINGHOUSEA 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."
BUILDINGAny 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.
BUILDING HEIGHTThe 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]
BUILDING LINEA 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.
CLUSTERINGThe construction of more than one residential dwelling unit per quarter-quarter section as provided for in Chapter
240, Article
III, §
240-10.
[Amended 8-13-2007 by Res. No. 59]
COMMERCIAL AGRICULTUREThe 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]
A. Field crops: barley, soybeans, corn, hay, oats, potatoes, rye, sorghum, and vegetables.
B. Livestock products: milk products, butter, cheese, eggs, meat and furs.
C. Livestock: as defined herein.
COMPANION ANIMALAny 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.
CONDITIONAL USEA 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.
CONFINEMENTThe 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]
CURB LEVELThe 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.
DOG KENNELA place where six or more dogs over six months of age are kept or harbored.
DWELLING UNITA residential building or portion thereof intended for occupancy by a single family, but not including hotels, motels, boarding or rooming houses, or tourist homes.
EARTH-SHELTERED HOMEA 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.
EXOTIC ANIMALAny 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):
A. Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
B. Felidae (lions, tigers, bobcats, cougars, leopards, jaguars, not domesticated cats).
C. Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs).
E. Repitilia (all venomous snakes, all constricting snakes, iguanas, turtles, lizards).
F. Crocodilia (alligators, crocodiles).
I. Artiodactyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats).
J. Procyonidae (raccoons, coatis).
K. Marsupialia (kangaroos or possums).
L. Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules).
M. Edentata (anteaters, sloths, armadillos).
N. Viverridae (mongooses, civets, genets).
FAMILYOne 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]
FARMReal 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.
FEDERAL COMMUNICATIONS COMMISSIONThe federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
FEEDLOTSee definition of "animal feedlot."
FLOOR AREAThe 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.
GARAGE, PRIVATEAn 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.
HISTORIC SITEStructure 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.
HOME OCCUPATIONAn 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.
HORTICULTUREThe 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]
IMPERVIOUS SURFACEA 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]
INCIDENTALOccurring as a minor, subordinate, or chance use or instance, related to the principal use.
[Amended 8-13-2007 by Res. No. 59]
INTERIM USEA 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]
IRRIGATION SYSTEMAny 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.
JUNK VEHICLEAny 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.
JUNKYARDAn 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.
LIVESTOCKAny 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]
LOTA parcel of land, subdivided or otherwise capable of legal description, and having a principal frontage along a public road.
LOT AREAThe area of a lot in a horizontal plane bounded by the lot lines.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINEThe 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.
LOT LINE, FRONTThat 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]
LOT LINE, REARThat 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.
LOT LINE, SIDEAny boundary of a lot which is not a front lot line or a rear lot line.
LOT SPLITDivision 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]
LOT WIDTHThe maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.
LOT, CORNERA 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°.
LOT, SUBSTANDARDA lot of record which does not meet the minimum lot area, structure setbacks, or other dimensional standards of an ordinance.
LOT, THROUGHA 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.
MANUFACTURED HOMEA 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]
MININGThe 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.
MOBILE HOME PARKAny premises on which lots are rented for the placement of nontransient occupied mobile homes.
MONOPOLE TOWERA single, self-supported pole-type tower, tapering from the base to the top and supporting a fixture designed to hold one or more antennas.
MOTELA 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."
MULTIUSER TOWERA tower to which is attached the antennas of more than one service provider or governmental entity.
MULTIPLE RESIDENCETwo or more dwelling units in one structure. The definition includes apartment buildings.
NONCONFORMING USE OR STRUCTUREAny 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]
OFF-SITE ADVERTISING SIGNAn 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]
PASTUREAreas 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.
PENAn 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.
PERMITTED USEA 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.
PLATA 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.
PRE-1982 LOT OF RECORDAny 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]
PRINCIPAL STRUCTUREA 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]
PRINCIPAL USEA 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]
PRIVATE KENNELA kennel where dogs or other companion animals are kept by the owner for personal use.
PRIVATE STABLEA 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]
PUBLIC STABLEA 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]
QUARTER-QUARTER SECTIONAn 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.
SCHOOLA 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]
SERVICE PROVIDERAny individual or entity which provides wireless telecommunications services.
SIGNA 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]
SINGLE-FAMILY DWELLINGA freestanding (detached) permanent structure, designed for habitation by human beings, designed for one family.
SINGLE-USER TOWERA 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.
SOLAR COLLECTORA 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.
SOLAR ENERGYRadiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM (SES)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.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA 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 PANELA 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.
STORYThe 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.
STRUCTURAL ALTERATIONAny 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.
STRUCTUREAnything 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.
SUBDIVIDEThe division by plat or deed of a piece of property into two or more lots, plots, sites, tracts, parcels, or other land divisions.
SUMP PUMPA 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]
SWIMMING POOLAny 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]
TEMPORARY STRUCTUREA 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]
TOWERAny 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.
TRANSMITTING ACCESSORY EQUIPMENT AND STRUCTURESAntennas, 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]
TRANSMITTING BUILDINGAny 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]
TRANSMITTING TOWERAny 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]
USE OR STRUCTURE, NONCONFORMINGSee "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]
USE, PERMITTEDSee "permitted use."
[Amended 11-9-2022 by Ord. No. 2022-05]
VARIANCEWritten 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.
WIRELESS TELECOMMUNICATIONS SERVICESLicensed 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.
YARDA 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.
YARD, FRONTA 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.
YARD, REARThe 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.
YARD, SIDEThe 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.
ZONING ADMINISTRATORThe duties of the Zoning Administrator hereunder shall be undertaken by the Town Clerk.
ZONING AMENDMENTA change authorized by the governing body either in the allowed use within a district or in the boundaries of a district.
ZONING DISTRICTAn area or areas within the limits of the Township for which the ordinances and requirements governing use are uniform.
ZONING ORDINANCESZoning ordinances controlling the use of land as adopted by Eureka Township Town Board.