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A. Short Title: The official title of this title is the ZONING ORDINANCE OF THE CITY OF HAWLEY, MINNESOTA.
B. Purpose: This is a title for the purpose of promoting the public health, safety, comfort, 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 this title; provide for amendments hereto; provide for official recording of this title and all amendments hereto; implement the comprehensive plan and exercise any or all of the powers to the city of Hawley under state law.
D. Interpretation: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, comfort, safety, and welfare and to implement the comprehensive plan.
E. Existing Law: Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, code, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or impose higher standards or requirements shall prevail.
F. Separability: Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any part, thereof, other than the part so declared to be unconstitutional or invalid.
G. Repeal Of Conflicting Ordinances: All ordinances or parts of ordinances in conflict with this zoning ordinance, or inconsistent with the provisions of this title, are hereby repealed to the extent necessary to give this title full force and effect. This title shall become effective upon its adoption by the Hawley city council and its publication of purpose and intent and brief summary in the official newspaper.
H. Relation To The Comprehensive Plan: Enforcement, amendment, and administration of this title will be accomplished with due consideration of the recommendations contained in the comprehensive plan for the city of Hawley, 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 title.
I. Authority: This title is enacted pursuant to the authority granted by the municipal planning act, Minnesota statutes, sections 462.351 – 462.363, and all amendments and revisions to said chapter. (Ord. 230, 5-6-2002)