(A) Rules for interpretation of district boundaries. Zoning Map. Zoning districts are identified on the official Zoning Map for the City of Dilworth. The district designations are established within this chapter and are duly coordinated with boundaries as shown on the official Zoning Map. In the event of uncertainty regarding the exact boundaries of a district, the following rules shall apply:
(1) Streets. Boundaries indicated that approximately follow the center lines of streets, highways or alleys shall be construed to follow such center lines;
(2) Lot lines. Boundaries indicated that approximately follow platted lot lines, property lines, section lines or other surveyed boundaries shall be construed to follow such lines;
(3) City limits. Boundaries indicated that approximately follow city limits shall be construed to follow city limits;
(4) Railroads. Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks;
(5) County drains. Boundaries indicated that approximately follow the center lines of county drains or other bodies of water shall be construed to follow such center lines;
(6) Extensions. Boundaries indicated as parallel to, or extensions of, features indicated in divisions (1) - (5) above shall be construed accordingly. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map or field survey; and
(7) Vacated right-of-way (ROW) or public easement. Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoned district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all included in the vacation shall then, and henceforth, be subject to all regulations of the extended districts.
(B) Compliance required.
(1) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, converted, enlarged, constructed, reconstructed, moved, or structurally altered, and no land shall be used for any purpose nor in any manner, unless in conformity with all of the regulations herein specified for the district in which it is located and without a permit being issued when required by this chapter.
(2) No lot of record (platted property) that did not exist on December 13, 2010 shall be created, by subdivision, deed or otherwise, that does not conform to the applicable requirements of this Zoning Ordinance and any other subdivision regulations or other provisions as established by the City of Dilworth. Additionally, no lot shall be reduced in size or otherwise altered below the minimum requirements set forth within this chapter.
(3) Any permit issued by the city that directly violates any provision within this Code, whether erroneously issued or not, is deemed void.
(C) Territorial applicability. As of December 13, 2010, the use of all land and every structure within the incorporated limits of the City of Dilworth shall be subject to the provisions within this chapter. Additionally, any properties identified within the two mile extraterritorial limits of the city, joint powers agreements and/or orderly annexation agreements may be subject to regulations established within this chapter or subdivision regulations as adopted by the City of Dilworth.
(D) Classification of uses not defined within district(s). If a certain use is not specifically permitted within a zone district, the use shall be considered prohibited. Any use not specifically identified or permitted within a district may be reviewed by the City Administrator for compliance/compatibility with zoning districts and/or applicability of conditional use regulations. In certain cases, the Council or the Planning Commission, on their own initiative or upon request of the City Administrator or applicant, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and also the determination of conditions and standards relating to the development of the use. This review process may also require processing pursuant to provisions for conditional uses as set forth within this chapter. The 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 in the city.
(E) Zoning upon annexation. All territory which may hereafter be annexed to the city shall be considered to be zoned Transition Zone (TZ) until such time as the zoning designation is changed by action of the City Council.
(F) Official Zoning Map.
(1) According to the provisions of this chapter, the city is hereby divided into districts as shown on the official Zoning Map, which together with all related and supporting information is hereby adopted by reference and declared to be part of this Zoning Ordinance. The official Zoning Map shall be posted and made available for examination at the Dilworth City Hall. The official Zoning Map shall be the final authority as to the current zoning status of land, buildings, and other structures located in the city.
(2) It shall be the responsibility of the Zoning Officer to maintain and update the official Zoning Map and to record each amendment thereto within 30 days after the official publication of an ordinance approving an amendment. No unauthorized changes shall be made to the official Zoning Map or information shown thereon except in conformity with the procedures set forth in this chapter.
(3) The official Zoning Map shall be identified by the signature of the Mayor, attested by the City Administrator, and bearing the seal of the City of Dilworth under the following words: "This is the official Zoning Map of the City of Dilworth, Minnesota", together with the date of adoption of this chapter.
(4) In the event that the official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new official Zoning Map. The new Map may correct drafting errors or omissions which may have appeared in the prior Map, but such corrections shall not have the effect of amending or changing the original Zoning Ordinance or any subsequent amendment.
(Ord. passed - -)