Big Lake City Zoning Code
SECTION 1000
TITLE AND APPLICATION
§ 1000.01 Title.
Sections 1000 through 1006, inclusive, shall be known, cited, and referred to as the “Big Lake Zoning Ordinance” except as referred to herein, where it shall be known as “this Ordinance.”
§ 1000.02 Intent and Purpose.
The intent of this chapter is to protect the public health, safety, morals, and general welfare of the city and its people through the establishment of regulations governing the development and use of property within the city. Such regulations are established to:
1. Implement the Comprehensive Plan;
2. Promote orderly development and redevelopment;
3. Provide adequate light, air, and convenience of access to property;
4. Prevent congestion in the public right-of-way;
5. Prevent overcrowding of land and undue concentration of structures and population by regulating land, building, yards, setbacks, and density of development;
6. Provide for the compatibility of different land uses and protect use area from incompatible uses;
7. Provide for the administration of this chapter and any amendments;
8. Prescribe penalties for violation of such regulations; and
9. Define powers and duties of the city staff, the Planning Commission, and the City Council in relation to this chapter.
§ 1000.03 Relation to the Comprehensive Plan.
It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished consistent with the policies and guidelines contained in the City Comprehensive Plan, as adopted and amended from time to time. The City Council recognizes the City Comprehensive Plan as the official policy for the regulation of land use and development in accordance with the policies and purpose of this chapter. In accordance with M.S. Chapter 473, as it may be amended from time to time, the city will not approve any rezoning or other change in these regulations that are inconsistent with the City Comprehensive Plan.
§ 1000.04 Authority.
This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.365, as they may be amended from time to time.
§ 1000.05 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.
Subd. 1. Invalid Provision. 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.
Subd. 2. Adjudication of Invalid Provision. 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.
§ 1000.06 Scope.
Following adoption of this chapter, the use of all land and every building and the erection or structural alteration of any building or portion of a building in the city shall be in conformity with the provision of this chapter. Any structure or use lawfully existing at the enactment of this chapter, but not in conformity with the regulations of the appropriate zoning district, may be continued subject to the regulations of this chapter.
§ 1000.07 Jurisdiction.
The geographic jurisdiction of this chapter includes the entire area within the corporate limits of the city. Land areas which may be added to the city by annexation, merger, or other means shall be classified “A”, Agricultural District which shall be considered an interim step pending permanent classification at such time that the City Council may establish a Comprehensive Plan land use designation and rezone the added territory to more appropriate classifications.
§ 1000.08 Restrictive Interpretation.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by another ordinance, rule, or regulation of the city, the ordinance, rule, or regulation which imposes the more restrictive condition, standard, or requirements shall prevail.
§ 1000.09 Minimum Requirements.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirement for the promotion of the public health, safety, and welfare.
Subd. 1. Permits Controlled. No application for a building permit or other permit or license, or for a zoning certificate shall be approved by the Zoning Administrator, and no permit or license shall be issued by any other city department or officer which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter. Nothing in this chapter shall prevent the regulation of uses of property by means of restrictive covenants which are valid except for this chapter.
Subd. 2. Yard Reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after April 26, 2023 (effective date of the ordinance from which this chapter is derived) shall meet the minimum requirements established by this chapter.
Subd. 3. Application. 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 chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirement of this chapter shall be controlling.
Subd. 4. Prohibition of Uses Not Specifically Authorized. Whenever in any zoning district a use is not specifically permitted, 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.
Subd. 5. Monuments. For the purpose of this chapter, all federal, state, county, and other official monuments, benchmarks, 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-quarter section, and one-sixteenth section corners shall be duly described and tied.
Subd. 6. Comprehensive Revision. The City Council intends this chapter to be a comprehensive revision to Chapter 10 of the City Code, Section 1000, and all other ordinances inconsistent with this chapter, as amended. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to April 26, 2023 (effective date of the ordinance from which this chapter is derived) is not affected by its enactment.
Subd. 7. Vested Rights. Nothing in this chapter shall be interpreted or construed to give use to any permanent vested rights in the continuation of any permissible activities herein, and they are hereby declared to be subject to subsequent amendment change or modification as may be necessary to the preservation of protection of public health, safety, and welfare.