This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, City of Austin, Minnesota."

(Ord. 699, passed 1-18-22)

   In accordance with the authority granted by M.S. Ch. 462, as it may be amended from time to time, the City Council does hereby ordain this chapter.

(Ord. 699, passed 1-18-22)

   This chapter is adopted for the purpose of promoting the public health, and general welfare, which may be met through the following objectives:

   Subd. 1. To assist in the implementation of the City of Austin Comprehensive Guide Plan upon which this chapter is based.

   Subd. 2. To promote the orderly development and compatibility of residential, commercial, industrial, institutional, recreational and public uses.

   Subd. 3. To promote the orderly transition of rural to urban uses.

   Subd. 4. To prevent overcrowding of the land and structures.

   Subd. 5. To protect natural resources in the city and promote reforestation and the replacement of other replenishable resources.

   Subd. 6. To prevent congestion in public rights-of-way.

   Subd. 7. To promote a safe, effective pedestrian and vehicular circulation system.

(Ord. 699, passed 1-18-22)

   The Comprehensive Plan for the City of Austin, or "comprehensive plan," including amendments adopted by the City Council, is the guiding policy document for the Zoning Ordinance.

(Ord. 699, passed 1-18-22)

   Graphics, illustrations, figures and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure or photo, the text shall control.

(Ord. 699, passed 1-18-22)

   This chapter shall be effective after notice, publication, hearing and adoption by the City Council as required by state statutes and city charter.

(Ord. 699, passed 1-18-22)

   Jurisdiction of this chapter shall include all lands and water within the corporate limits of the City of Austin, Minnesota.

(Ord. 699, passed 1-18-22)

   It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or permits previously adopted or issued pursuant to law with the exception of previous zoning, subdivisions, and shoreland ordinances which are hereby repealed. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall apply.

(Ord. 699, passed 1-18-22)

   The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the city, and shall not be deemed a limitation or repeal of any power granted by state statutes.

(Ord. 699, passed 1-18-22)

   All other ordinances or parts of ordinances of the city inconsistent or conflicting with this chapter to the extent of their inconsistency only are hereby repealed.

(Ord. 699, passed 1-18-22)

   Subd. 1. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular.

   Subd. 2. The word "person" shall include a firm, association, organization, partnership, trust, company or corporation as well as an individual.

   Subd. 3. The word "shall" is mandatory and not discretionary.

   Subd. 4. The word "may" is permissive.

   Subd. 5. The word "lot" shall include the words "plot," "piece" and "parcel."

   Subd. 6. The words "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

   Subd. 7. The word "city" shall include City Council, city staff or city departments or boards.

   Subd. 8. Unless specifically defined in this chapter, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.

(Ord. 699, passed 1-18-22)

   Subd. 1. Whenever, in any zoning district, a use is neither permitted nor allowed through a conditional or interim use permit reference, the use shall be considered prohibited. In such cases, the City Council, Planning Commission or property owner may request a study by the city to determine if the use is acceptable and, if so, what zoning would be most appropriate and the determination as to conditions and standards relating to development of the use. The study shall include consideration of the adopted comprehensive plan of the city. The city's Planning Commission, upon receipt of the staff study, may initiate an amendment to this chapter to provide for the particular use under consideration, or may find that the use is not compatible for development within the district or the city.

   Subd. 2. Every part of a required yard shall be open to the sky unobstructed, except for minor and temporary structures and the ordinary projection of sills, cornices, roof overhangs, gutters and ornamental features projected not more than 48 inches; except that in commercial areas, a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard.

   Subd. 3. Only one principal use is allowed per lot or parcel unless mixed uses, multi-family dwellings or other such uses are explicitly allowed for that zoning district.

(Ord. 699, passed 1-18-22)

   It is hereby declared to be the intention of the City Council that the several provisions of this chapter are separable in accordance with the following.

   Subd. 1. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment.

   Subd. 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, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.

(Ord. 699, passed 1-18-22)