In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirement for the promotion of the public health, safety, and welfare.
Subd. 1. Permits Controlled. No application for a building permit or other permit or license, or for a zoning certificate shall be approved by the Zoning Administrator, and no permit or license shall be issued by any other city department or officer which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter. Nothing in this chapter shall prevent the regulation of uses of property by means of restrictive covenants which are valid except for this chapter.
Subd. 2. Yard Reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after April 26, 2023 (effective date of the ordinance from which this chapter is derived) shall meet the minimum requirements established by this chapter.
Subd. 3. Application. In their application, these regulations shall not abrogate any easement, covenant, or any other private agreement where such is legally enforceable, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirement of this chapter shall be controlling.
Subd. 4. Prohibition of Uses Not Specifically Authorized. Whenever in any zoning district a use is not specifically permitted, the use shall be considered prohibited. In such case, the City Council, or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission, or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.
Subd. 5. Monuments. For the purpose of this chapter, all federal, state, county, and other official monuments, benchmarks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, one-quarter section, and one-sixteenth section corners shall be duly described and tied.
Subd. 6. Comprehensive Revision. The City Council intends this chapter to be a comprehensive revision to Chapter 10 of the City Code, Section 1000, and all other ordinances inconsistent with this chapter, as amended. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to April 26, 2023 (effective date of the ordinance from which this chapter is derived) is not affected by its enactment.
Subd. 7. Vested Rights. Nothing in this chapter shall be interpreted or construed to give use to any permanent vested rights in the continuation of any permissible activities herein, and they are hereby declared to be subject to subsequent amendment change or modification as may be necessary to the preservation of protection of public health, safety, and welfare.