Eureka Township Dakota County
City Zoning Code
City Zoning Code
ARTICLE III
Residential Buildable Lots
§ 240-8 Purpose.
This article defines housing density, lot size requirements, and recognition of pre-April 12, 1982, lot of record grandfathering protection. The Town Board of Eureka is providing flexibility in a limited way to reposition existing rights to better serve property owners, encourage preservation of open agricultural land, and encourage nondevelopment of substandard size parcels.
§ 240-9 Definitions and interpretation.
A. BUILDABLE LOT BUILDING PERMIT CAP OF FOUR DENSITY LIMIT CLUSTER DWELLING UNIT EARTH-SHELTERED HOMES GRANDFATHERED LOT(1) (2) (3) HOUSING RIGHT(1) (2) (3) (4) HOUSING RIGHT TRANSFER INTERSECTION LANDLOCKED LOT LEGAL DESCRIPTION OF A LOT LOT LOT AREA LOT DEPTH LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT OF RECORD LOT SLIVER LOT SPLIT LOT WIDTH LOT, CORNER LOT, SUBSTANDARD LOT, THROUGH PLAT SERVIENT ESTATE SHARED DRIVEWAY SINGLE-FAMILY DWELLING STRADDLE LOT SUBDIVIDE
The following words and terms, whenever they occur in this article, are defined as follows:
Land that meets the criteria of the legal description of a lot, meets the requirements of §§ 240-9, 240-10, 240-11 and 240-12 of this article, and satisfies any water-related restrictions that may be required as certified by a wetland determination performed by the Dakota County Soil and Water Conservation District. In addition, at such time as a building permit may be sought, the owner must possess a housing right and provision for frontage on a public road as specified in this ordinance.
Approval by the Eureka Township Building Inspector to construct a specific building in Eureka Township. If the permit application is for a single-family dwelling, applicant must possess a housing right on the intended lot.
A restriction on the total number of houses and housing rights that may exist in a quarter-quarter section. Verified grandfathered rights are not limited by this restriction.
Previous term for the act of relocating a housing right to another quarter-quarter section within an owner's contiguous property. Superseded and expanded in this chapter by the broader term "transfer."
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 single-family residential structure partially below ground, which is water-proofed 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.
A term of convenient reference in this ordinance representing a pre-April 12, 1982, lot of record. 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 grandfathered lot shall be a 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 (Ord. 2010-1, 6-15-2010). A lot that has been verified as having grandfather status shall not lose its grandfather status due to a boundary change by higher authority, such as widening of a public road right-of-way or a court order. To protect possible grandfathering of a lot that has not yet been verified as qualifying for grandfather protection, if it has its boundary changed by outside higher authority, the owner may provide evidence of boundary matching to the date of the imposed change rather than the current date of the owner's application. A grandfathered lot that after creation and recording was subsequently consolidated by Dakota County's initiative with an abutting lot for the purpose of real estate sale or county tax consolidation, shall be deemed a buildable lot for single-family residential purposes provided it meets all of the following requirements: (Resolution 54, 4-9-2007, Resolution 59, 8-13-2007, Ord. 2010-6, 12-13-2010)
The lot(s) involved in the consolidation shall be re-created to conform to the exact boundaries and dimensions as they existed when the lot of record was originally created (Resolution 54, 4-9-2007). However, any such recreated lots that are substandard are then subject to the provisions of § 240-10.
The re-creation of the lots shall be completed through an approved lot split that shall be approved by the Eureka Township Board and filed in the Office of the Dakota County Recorder prior to application for any building permit (Resolution 54, 4-9-2007, Ord. 2010-6, 12-13-2010).
Any use or structure currently existing on the recreated lots shall conform to all building setback and driveway requirements of this article (Resolution 54, 4-9-2007).
The prerequisite eligibility to apply for a building permit to build or place a single-family residential dwelling on a qualifying lot as described and under the conditions of this article. There are four types of housing rights:
GRANDFATHERED RIGHTA housing right recognized as existing on a verified grandfathered lot. Building a house on a grandfathered lot is not subject to the cap of four density limit of its quarter-quarter section. Once a house is constructed, the right becomes permanent and is no longer subject to boundary change effects. If a house is not in place, the right may be transferred to another lot in Eureka Township under provisions of this chapter.
NATIVE RIGHTA housing right created by Agricultural Zoning as a permitted use prescribing one housing right per quarter-quarter section of the public land survey. A native right is fully controlled by its owner (excluding any property owned by railroad and easements of record) and if no house is present, it is eligible to be transferred to another property eligible to receive it under provisions of this chapter. Where more than one house existed in a quarter-quarter section as of May 1, 2022, the house with the earliest date of construction shall be deemed to possess the native right of that quarter-quarter section. If a quarter-quarter section has had its native right transferred away prior to May 1, 2022, the lot with the oldest house shall be deemed to have a permanent grandfathered right unless it is known that it received a transferred right.
SHARED RIGHTThe interim status of a native right in an undeveloped quarter-quarter section with two or more properties under different owners. A shared right is not eligible to be transferred out of the quarter-quarter section because it is not yet fully controlled by one owner. The first owner to claim the shared right, apply for a building permit and start construction within the time limits specified in this chapter has permanent use of the native right. The right is no longer a shared right.
TRANSFERRED RIGHTA fully controlled housing right that has been moved to another property or legally conveyed to another property owner's property. The transfer of a native right or a grandfathered right converts it to a transferred right. Transferred rights are also eligible to be transferred.
The two-step process of moving a housing right from a sending property to a receiving property within Eureka Township. The receiving property may have the same owner or a different owner. Upon Town Board approval, the first step removes the right from the sending parcel and converts the right to a transfer right subject to completion of the second step. The second step, which must occur within the time limits specified in this ordinance, places the transfer right on the receiving parcel. The time allowance is to provide reasonable opportunity to complete other possible steps such as transaction closing(s) or a land subdivision or lot split that may be needed before the second step can be fulfilled.
Two roads that meet at a ninety-degree angle whose use would interfere with each other.
A parcel that does not include frontage on a public road. It may have a housing right, but a building permit will not be approved unless the application includes permanent provision for public road access as prescribed in § 240-12.
The metes and bounds public land survey language describing the boundaries of a lot, parcel, or property. For convenience in referencing the language of a legal description, Dakota County normally assigns a Property ID to each parcel. During the lot split or land division process, a plat or survey document may use a temporary designation for each new parcel description. The temporary designation can be used on Town documents until the Dakota County PIN codes are received, at which time the Town shall update its records for consistency.
A term of convenience referring to the phrase "lot of record" in this chapter.
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 or private street, and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the dimensions of a comer lot are equal, the front lot line shall be designated by the owner and filed with the Town Board (Resolution 59, 8-13-2007).
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 a 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.
Any lot which is one unit of a duly approved plat, 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. See also "grandfathered lot."
A portion of a straddle lot whose presence in a quarter-quarter section is insufficient for a dwelling to meet the required setback plus five feet. Because no portion of a dwelling may exist in the sliver portion of a lot, the sliver portion of the lot does not count toward the cap of four density limit. A sliver may also be a lot or portion of a lot whose dimension or shape will not meet current lot standards for a single-family dwelling.
Division of an existing parcel of land into two or more parcels, or a boundary change between two or more adjacent parcels, or a combination split of two or more properties resulting in new parcels with different shared boundaries (see also Chapter 216, Subdivision of Land). All surveys for lot splits must include a plat or survey of the new parcels and the required legal descriptions to record the split. A split or land division of a parcel abutting a public road cannot create a new parcel that is landlocked without public road access as set out in § 240-12 and § 198-2.1. Results of lot splits are not lots of record unless and until it has been filed with the Office of the Dakota County Recorder.
The maximum horizontal distance between the side lot lines of a lot measured at the dwelling location.
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 current ordinances.
A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a comer lot. On a through lot, both street lines shall be front lot lines for applying an ordinance.
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 Office of the Dakota County Recorder.
A parcel which has a permanent driveway easement imposed upon it in favor of another parcel so that parcel can satisfy roadway access or road frontage requirements.
A private driveway used by two to four property owners to provide access to dwellings or buildings on their respective properties for which construction, maintenance and cost sharing is set forth in a legal agreement among the parties and approved by Eureka Township. See § 198-2.1 for applicable standards.
A freestanding (detached) permanent structure, designed for habitation by human beings, designed for one family.
A lot that has a presence in two or more quarter-quarter sections.
The division by plat or deed of a piece of property into two or more lots, plots, sites, tracts, parcels, or other land divisions. See also "lot split" and Chapter 216.
B.
Conflict and interaction with ordinances. Whenever there is a conflict between minimum standards or dimensions specified herein and those contained in other official ordinances, resolutions, codes or ordinances of the Town, the most restrictive standards shall apply.
§ 240-10 Density and standards for buildability.
A.
Residential use of land in any zone in the Township is limited to one single-family dwelling per quarter-quarter section as a permitted use except as provided in this article. The total number of housing rights in the Township may not be increased, whether by lot splits or platting, unless and until the Twin Cities Metropolitan Council may approve any such increase or zoning change in Eureka Township's Comprehensive Plan. Grandfathered housing rights legally proven under the terms of this article are not subject to this restriction.
B.
Standards applicable to all lots upon which a dwelling unit is intended to be constructed:
(1)
The quarter-quarter section in which the lot is located is not over the cap of four density limit created pursuant to § 240-10B(2) of this article or a prior Town ordinance governing clustering or housing right transfers. A grandfathered lot still possessing its grandfathered right is not subject to this density restriction.
(3)
The lot will support a sewage treatment system consistent with these ordinances and state, local, and federal requirements for the same.
(4)
The lot is a separately conveyed parcel meeting the legal description of a lot.
(5)
Applicant shall provide evidence that a wetland determination has been made by the Dakota County Soil and Water Conservation District as part of an application for a subdivision (lot split), to transfer in a housing right, or an application for a building permit.
(6)
A lot that has a housing right under provisions of this chapter has that right independent of the presence of buildings on that lot that are not single-family dwellings that may exist as a permitted use or authorized by a conditional use permit, an interim use permit or a verified nonconforming use.
(7)
That the lot can meet all setbacks for a drilled well pursuant to Minnesota Department of Health Rules and Regulations.
(8)
Any other information required by the Zoning Administrator.
C.
Housing right eligibility permit required. No single-family dwelling unit shall be erected without a housing right eligibility permit being issued by the Zoning Administrator or other authorized official. No housing right eligibility permit shall be issued by the Zoning Administrator or other authorized official except in conformity with the provisions of this ordinance.
D.
Housing right eligibility permit application. All applications for a housing right eligibility permit to erect a single-family dwelling unit within the Township shall be accompanied by the appropriate fee as determined by the Town Board and shall be on forms furnished by the Zoning Administrator and shall include the following where applicable:
(1)
Name, address and contact information of the applicant.
(2)
Legal evidence of ownership by the applicant to the property upon which the single-family dwelling unit is to be constructed or a completed intent to acquire property agreement pending Town Board approval of the proposed zoning use.
(3)
Evidence that the property meets all zoning requirements to be a buildable lot, except driveway access construction at this time, and not exceed the density cap of four per quarter-quarter section to be eligible to receive a housing right transfer if needed. If driveway access needs to be constructed, a driveway permit must be obtained from the appropriate road authority for connection to the public road. Provision for this will need to be made a part of the site plan required to get building permit approval and be approved and recorded with Dakota County prior to Eureka building permit approval.
(4)
Legal description of the property by lot, block and record subdivision or by metes and bounds and the address of the proposed property upon which the single-family dwelling unit is to be constructed. This shall also include the Dakota County Property Identification number (PID) and, if assigned, its street address.
(5)
Affidavit from the applicant that applicant currently possesses a housing right pursuant to the terms of this article for the lot intended to be built upon or a housing right transfer agreement. If not currently possessed, a completed intent to acquire a housing right agreement pending Town Board approval of the proposed zoning use may be provided. The affidavit or housing right transfer agreement shall be in a form approved by the Township and signed in the presence of a notary public. The affidavit or housing right transfer agreement, along with the housing right eligibility permit, will then be filed with the real estate records of the Dakota County Recorder by the Township and at the cost of the applicant. If the housing right claimed by the applicant is based on the property to be built upon being a grandfathered lot, before the Township issues the housing right eligibility permit, the applicant shall provide a title opinion by a licensed attorney that the property meets all of the legal requirements to be considered a grandfathered lot. Once recorded, the parcel for which the housing right eligibility is established shall continue to have that eligibility consistent with the terms of this chapter. If requested by the Township, applicant shall provide the underlying documents that form the basis for the title opinion.
(6)
Site plan survey including house and driveway position, location, size and elevation of proposed or existing sanitary sewerage facilities, storm sewers, catch basins and drywells.
(7)
Additional information as may be required by the Zoning Administrator, Building Official or other authorized official.
E.
Approval or denial of housing right eligibility permit. Upon approval or denial, the Zoning Administrator shall attest to same by his/her signature on the housing right eligibility permit. If the housing right eligibility permit is approved, one copy shall be returned to the applicant and one copy shall be retained by the Zoning Administrator. If the housing right eligibility permit is denied, the Zoning Administrator shall, in addition to the above, notify the applicant with a memorandum stating the reason for denial of the housing right eligibility permit.
§ 240-11 Substandard lots and housing right transfers.
A.
The Town Board may approve a conditional use permit for grandfathered lot which fails to meet one or more of the current standards in § 240-11 of this article but is at least 20,000 square feet (0.47 acre) in size. A single-family dwelling may be constructed, as a conditional use, upon a substandard grandfathered lot following application and proof to the Town Board's satisfaction that:
(1)
The lot proposed for building is a grandfathered lot;
(2)
The lot has not had its grandfathered housing right transferred to another lot;
(3)
There is no existing dwelling unit(s) on the parcel to be built upon;
(4)
The proposed construction meets all other criteria for a conditional use permit as stated in § 240-31A of this article;
(5)
Construction on the lot will comply with the other standards of this section;
(6)
Applicant must provide proof that the lot has been held in separate ownership since April 12, 1982; and
(7)
Substandard grandfathered lots, to be buildable under other provisions of this chapter and abutting other substandard lots under the same ownership following April 12, 1982, must be combined to form lot(s) that are not substandard to the extent possible. Only the resulting parcels then would retain a grandfathered right. Grandfathered rights in excess of the one retained on each combined lot may be transferred prior to the formation of the combined lot(s).
B.
Housing right transfers.
(1)
Property owners may transfer fully controlled housing rights from one parcel to another under the conditions provided for in this chapter.
(2)
The quarter-quarter section which contains a receiving parcel is limited to a cap of four housing rights, counting houses in place plus undeveloped building-eligible lots of record possessing a housing right. Sliver lot land does not count toward this cap of four density restriction.
(3)
Each dwelling unit and lot proposed for construction pursuant to a housing right transfer agreement must meet the requirements as set forth in § 240-11, Setbacks and lot dimensions. Any substandard grandfathered lot whose housing right has been transferred out is not eligible to receive a transfer in.
(4)
The landowner(s) shall execute a housing right transfer agreement approved by the Township, which shall be recorded by the landowner(s) with the Dakota County Recorder within the time limits specified in § 240-15A, Recording of approved transfer.
(a)
The housing right transfer agreement shall identify with Parcel ID the lot of record or the sending parcel and quarter-quarter section source from which a housing right has been transferred and shall state that any housing right on that source no longer exists.
(b)
The agreement shall identify by Parcel ID and legal description the parcel to which the housing right has been transferred.
§ 240-12 Setbacks and lot dimensions.
A.
Each dwelling unit shall be located on a separately conveyed parcel which shall equal or exceed two acres and will meet all other requirements of this ordinance.
C.
Lot width shall be at least 250 feet at the dwelling location.
D.
Except for retaining walls, fences and gates, all structures shall be set back as follows for permitted and conditional uses.
E.
All dwellings shall be separated by at least 250 feet from the nearest agricultural building; however, this restriction shall not apply where the dwelling and the agricultural building are in common ownership.
§ 240-13 Driveways/access to public right-of-way.
A.
Access to buildable lot. At the time of application for a permit to erect any building in the Township of Eureka, the applicant must:
(1)
Demonstrate that the building has, or will have constructed concurrently, driveway access to a public road across land owned solely by the applicant or across a servient parcel with a permanent easement as shown on the site plan included as part of the building permit application which meets the requirements of Chapter 198, Roads.
§ 240-14 Fees and costs.
A.
Applicant shall arrange and pay for title research when a determination of possible grandfathered lot status is required. A certified copy of Dakota County records proving the status shall be provided to the Township as part of the application. Where a housing right transfer is involved, all undeveloped and unverified parcels in the destination quarter-quarter section shall be verified as to status.
B.
In the case of an application to subdivide and/or plat land, the subdivider will pay, in addition to the fees set forth in Chapter 126, Fees, all costs incurred by the Town Board directly relating to the application for the subdivision. These costs shall include, without limiting the generality of the foregoing, the salaries of the Supervisors and Clerk at special meetings called to review or act on the proposed subdivision, fees paid to the Township Attorney and Engineer to review and process the application for the subdivision and the costs of publishing any notice in the official newspaper which may be required in order to act on the application for the subdivision.
C.
Before the final plat is recorded, the Town Clerk shall certify to the subdivider the amount to which the Township is entitled to be reimbursed under the provisions of this Section. This amount shall be paid to the Town Board before the final plat is endorsed by Township officials and before it is recorded in the Office of the Register of Deeds.
§ 240-15 Recording of approved transfer.
A.
The landowner(s) shall execute a housing right transfer agreement with the Township, which shall be recorded by the landowner(s) within 40 days of its approval by the Town with the Dakota County Recorder. The agreement shall be recorded against all properties required to be identified in the agreement. Written proof of such recording shall be presented by the applicant to the Town Clerk within 70 days after the approval of the transfer agreement by the Township. Applicant(s) may request a thirty-day extension from the Zoning Administrator if circumstances warrant.
B.
The housing right transfer agreement shall be executed and recorded by the landowner(s), and written proof of such recording presented to the Town Clerk, before the Town will consider any application for a building permit.
C.
If a housing right transfer agreement involves a receiving parcel that is being newly created by a land subdivision (lot split) of the sending parcel, the transfer is deemed to be initiated from the sending parcel as a first step, then second step of the transfer onto the new parcel based on its reference name and survey language on the land subdivision or plat survey. If the transfer involves a grandfather right, it is converted to a transfer right in the first step so that any reconfiguration of the grandfather lot may occur without destroying the right. The survey language is temporarily acceptable to the Township while the recording steps are carried out within the time frames specified above in § 240-15A, including written proof returned to the Town Clerk that such recordings occurred. The Town will update its records with the proper Property ID when the County has assigned them to the parcels created by the land subdivision.
§ 240-16 Nullification of approval.
Failure to complete any transactions and recordings required after Town Board approval of a housing right transfer and associated Town Board consent of the transfer agreement within the time period specified in § 240-15A above, shall nullify the approval and the housing right shall revert to the original sending parcel and housing right status.