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    Subdivision 1. Application. The words or terms as used in sections 394.21 to 394.37
have the meanings given them in these sections unless a different meaning is clearly indicated
by the context.
    Subd. 2. Board. "Board" means the board of county commissioners.
    Subd. 3. Governing body. "Governing body" means a town board of supervisors, the council
of a municipality, or board of county commissioners.
    Subd. 4. Municipality. "Municipality" means a city however organized.
    Subd. 5.[Repealed, 1974 c 571 s 51]
    Subd. 6. Official control. "Official control" means legislatively defined and enacted
policies, standards, precise detailed maps, and other criteria, all of which control the physical
development of a municipality or a county or any part thereof or any detail thereof, and are the
means of translating into ordinances all or any part of the general objectives of the comprehensive
plan. Such official controls may include but are not limited to ordinances establishing zoning,
subdivision controls, site plan rules, sanitary codes, building codes, housing codes, and official
    Subd. 7. Conditional use. "Conditional use" means a land use or development as defined
by ordinance that would not be appropriate generally but may be allowed with appropriate
restrictions as provided by official controls upon a finding that (1) certain conditions as detailed in
the zoning ordinance exist, and (2) the use or development conforms to the comprehensive land
use plan of the county and (3) is compatible with the existing neighborhood.
    Subd. 8. Nonconformity. "Nonconformity" means any legal use, structure or parcel of
land already in existence, recorded, or authorized before the adoption of official controls or
amendments thereto that would not have been permitted to become established under the terms of
the official controls as now written, if the official controls had been in effect prior to the date it
was established, recorded or authorized.
    Subd. 9. Comprehensive plan. "Comprehensive plan" means the policies, statements, goals,
and interrelated plans for private and public land and water use, transportation, and community
facilities including recommendations for plan execution, documented in texts, ordinances and
maps which constitute the guide for the future development of the county or any portion of
the county.
    Subd. 10. Variance. "Variance" means any modification or variation of official controls
where it is determined that, by reason of exceptional circumstances, the strict enforcement of the
official controls would cause unnecessary hardship.
    Subd. 11. Town. "Town" means any town, including those with the powers of a statutory
city pursuant to law.
    Subd. 12. Official map. "Official map" means a map adopted in accordance with section
394.361, which may show existing county roads and county state-aid highways, proposed future
county roads and highways, the area needed for widening existing county roads and highways,
and existing and future state trunk highway rights-of-way. An official map may also show the
location of existing public land and facilities and other land needed for future public purposes,
including public facilities such as parks, playgrounds, schools, and other public buildings,
civic centers, airports, and travel service facilities. When requested in accordance with section
394.32, subdivision 3, an official map may include existing and planned public land uses within
incorporated areas.
History: 1959 c 559 s 2; 1963 c 692 s 1; 1973 c 123 art 5 s 7; 1974 c 571 s 1-7; 1982
c 520 s 2; 1985 c 248 s 70; 2005 c 41 s 13