(A) Title. This chapter shall be known as the “Owatonna Zoning Ordinance”, except as referred to herein, where it shall be known as “this chapter”.
(B) Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. This chapter shall divide the city into use districts and establish regulations in regard to locations, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating compatibility of different land uses; to promote the character and preserve and enhance the stability of properties and areas within the city; to protect against fire, explosion, noxious fumes and pollution of the environment; to promote a visually pleasing environment throughout the community; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to this chapter.
(C) Relation to Comprehensive Municipal Plan. It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Municipal Plan as developed and amended from time to time by the Planning Commission and City Council. The Council recognizes the Comprehensive Municipal Plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth.
(D) Standard; requirement. Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the city, the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirements shall prevail.
(E) Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.
(F) Conformance.
(1) No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter.
(2) Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.
(G) Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, 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.
(H) Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minn. Stat. §§ 462.351 to 462.365, as they may be amended from time to time.
(I) Separability. It is hereby declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following.
(1) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.
(Ord. 827, passed 4-19-1983)