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Burnsville City Zoning Code

CHAPTER 10

1 TITLE AND APPLICATION

10-1-1: Title

This Title shall be known as the "Burnsville Zoning Title" except that it may also be referred to herein as "this Title".

10-1-2: Application

  1. Where the conditions imposed by any provision of this Title 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 requirement shall prevail.
  2. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted and no plat approved that does not conform to the requirements of this Title.
  3. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose which is not in conformity with the provisions of this Title.
  4. Whenever in any zoning district a use is neither specifically allowed nor specifically prohibited, the use shall be considered prohibited unless the City Council determines that the proposed use is very similar to an allowed use in which case the proposed use shall be deemed allowed.
  5. The City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if a use which is neither allowed nor prohibited is acceptable and if so, what zoning district would be most appropriate and the conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, if appropriate, shall initiate an amendment to the Zoning Title to provide for the particular use under consideration or shall find that the use is not compatible for development within the City.
  6. This Title is a comprehensive revision to Title 10 of the City Code. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Title is not affected by its enactment.

10-1-3: Severability

The provisions of this Title are separable in accordance with the following:

  1. If any court of competent jurisdiction shall adjudge any provision of this Title to be invalid, such judgment shall not affect any other provisions of this Title not specifically included in the judgment.
  2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title to a particular property, building or other structure, such judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.

10-1-4: Legislative Authority

This Title is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, section 462.351 to 462.363. (Ord. 244, 11-15-82)