This ordinance shall be known, cited and referred to as the ALBERTVILLE ZONING REGULATIONS, except as referred to herein, where it shall be known as "this ordinance". (Ord. 1988-12, 12-19-1988)

The intent of this ordinance is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations in regard to location, erection, construction, 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 land, building, yards and density of population; to provide for compatibility of different land uses; to provide for the orderly transition from a rural to an urban or suburban environment; to provide for administration of this ordinance; 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 ordinance. (Ord. 1988-12, 12-19-1988)

It is the policy of the city that the enforcement, amendment, and administration of this ordinance be accomplished with due consideration of the recommendations contained in the city comprehensive plan as developed and amended from time to time by the planning commission and city council of the city. The council recognizes the city comprehensive plan as the policy to regulate land use and development in accordance with the policies and purpose herein set forth. (Ord. 1988-12, 12-19-1988)

   A.   Where the conditions imposed by any provision of this ordinance are either more or less restrictive than comparable conditions imposed by other law, ordinance, rule or regulation of the city, the law, ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

   B.   In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

   C.   No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this ordinance.

   D.   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 ordinance.

   E.   No yard or lot existing at the effective date of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

   F.   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 ordinance are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this ordinance shall be controlling. (Ord. 1988-12, 12-19-1988)

Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases, 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 ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the city. (Ord. 1988-12, 12-19-1988)

For the purpose of this ordinance, all international, federal, state, county and other official monuments, bench marks, 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-fourth (1/4) section and one-sixteenth (1/16) section corners shall be duly described and tied. (Ord. 1988-12, 12-19-1988)

It is hereby declared to be the intention of the city that the several provisions of this ordinance are separable in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance 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. 1988-12, 12-19-1988)

This ordinance is enacted pursuant to the authority granted by the municipal planning act, Minnesota statutes sections 462.351 to 462.363. (Ord. 1988-12, 12-19-1988)

The council intends this ordinance to be a comprehensive revision to ordinance 1975-5 and all other ordinances inconsistent with this ordinance, as amended. Any act done, offense committed, or rights accruing or accrued, or liability or penalty incurred or imposed prior to the effective date hereof is not affected by its enactment. (Ord. 1988-12, 12-19-1988)

   A.   Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney and other services related to the processing of applications, shall be established by this zoning ordinance and collected by the zoning administrator for deposit in the city's accounts. Fees and escrows are established in section 3-1-3 of the city code. The council may establish charges for public hearings, special meetings, or other such council or planning commission actions as are necessary to process applications. Multiple applications shall require the collection of multiple fees and escrows. In the event that city costs in processing a development application exceed the escrow, the applicant shall be responsible for the said costs.

   B.   Such fees, charges, and estimated expenses (as well as deposit, if so required by the zoning administrator) shall be collected prior to city action on any application. All such applications must be accompanied by a written agreement between the city and the applicant/landowner (when the applicant is not the same person or entity as the landowner, both the landowner and the applicant must sign the agreement) whereby the applicant/landowner agrees to pay all applicable fees, charges, administrative, planning, engineering, and legal expenses associated with the review and processing of the development application, if these expenses exceed the application escrow, and which allows the city to assess the above fees, charges, and expenses against the landowner if such monies are not paid within thirty (30) days after a bill is sent to the applicant/landowner.

   C.   These fees shall be in addition to sewer access charges, water access charges, building permit fees, inspection fees, subdivision fees, charges, and expenses and other such fees, charges, and expenses currently required by ordinance or which may be established by ordinance in the future.

   D.   The city will not accept any application from an applicant, property owner, or occupant for a development, permit or license on a parcel of land that has outstanding fees, taxes, assessments, unpaid penalties, or unpaid licenses within the city. The applicant, property owner or occupant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, fees or penalties due upon the parcel of land to which the application relates to constitute a complete application to allow it to proceed through the city review process. Applicants may appeal to the city council for an exception to this section. Applicants must demonstrate an acceptable reason as to why such delinquent amounts cannot be paid prior to submitting an application. The city council may grant the exception at its discretion, and may impose increased escrow amounts or other requirements as a condition of granting such exception. (Ord. 13-010, 12-2-2013; amd. Ord. 2016-05, 6-20-2016; Ord. 2017-01, 1-3-2017)