(A) Title. The official title of this chapter is the Zoning Ordinance of the City of Dilworth, Minnesota. This Zoning Ordinance shall become effective on December 13, 2010 and is referred to within this chapter as either the "Zoning Ordinance" or "ordinance". The City Council hereby expresses that neither this Zoning Ordinance, nor any decision under it, may be challenged on the basis of any alleged nonconformity with any other planning documents, including the Dilworth Comprehensive Plan dated February 1998 or Dilworth Growth Area Plan dated January 2006.
(B) Purpose. This is a chapter for the purpose of promoting the public health, safety, and general welfare, and to implement the Comprehensive Plan. This is achieved by regulating the location and size of buildings and other structures; the percentage of each lot which may be occupied; the size of yards and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes; and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shore lands, flood control or other purposes, and establishing standards and procedures regulating such uses. As residential development is considered the cornerstone of development in the city, this Zoning Ordinance will ensure the availability of an ample supply of land to meet the diverse housing needs of all residents in a compact and orderly manner. As housing growth occurs, the opportunity for commercial and light industrial development must also be accommodated.
(C) Intent. To protect the public such provisions are intended to provide for adequate light and air, safety from fire and other danger; prevent unhealthy concentrations of population; provide ample parking facilities; regulate the location and operation of businesses, industries, dwellings and buildings for other specified purposes; preserve and stabilize property values by providing for orderly and compatible development of the various land uses; provide for administration of the chapter; provide for amendments hereto; provide for official recording of the chapter and all amendments hereto.
(D) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare and to implement the Comprehensive Plan.
(E) Existing law and conflicting provisions.
(1) General. This chapter is intended to compliment other local, state and federal regulations that affect zoning and land use. This chapter is not intended to revoke or repeal any other public law, ordinance, regulation or permit. However, where conditions, standards or requirements imposed by any provision of this chapter are either more or less restrictive than comparable standards imposed by other public law, ordinance or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the City of Dilworth, shall govern.
(2) Private agreements. This chapter is not intended to revoke or repeal any easement, covenant or other private agreement. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, then the requirements of this chapter shall govern. Regulations within this chapter shall not be construed to modify or repeal any private covenant, deed restriction or agreement; however, such private covenant, restriction or agreement shall not provide a means to avoid compliance with this chapter. The City of Dilworth is not obligated in any manner to enforce or administer provisions established within private covenants, agreements or restrictions.
(F) Severability.
(1) If any section or provision of this chapter is declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part, thereof, other than the part so declared to be unconstitutional or invalid.
(2) If any court of competent jurisdiction invalidates the application of any provision of this chapter, then such judgment shall not affect the application of that provision to any other building, structure or use not specifically included in that judgment.
(3) If any court of competent jurisdiction invalidates any condition attached to the approval of a development application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
(G) Repeal of conflicting ordinances. All ordinances or parts of ordinances in conflict with this chapter, or inconsistent with the provisions of this chapter, are hereby repealed to the extent necessary to give this chapter full force and effect.
(H) Relation to the adopted Comprehensive Plan. Enforcement, amendment, and administration of this chapter will be accomplished with due consideration of the recommendations contained in the Comprehensive Plan for the City of Dilworth, Minnesota, as adopted and periodically amended by the Planning Commission and City Council. The City Council recognizes the Comprehensive Plan as the principle guidance for regulating land use and development in accordance with the policies and purpose set forth in this chapter.
(I) Authority. This chapter is enacted pursuant to authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.363.
(Ord. passed - -)