Burnsville City Zoning Code

CHAPTER 10

1 INTRODUCTORY PROVISIONS

Title: This Title is known as the “Burnsville Zoning Title” except as referred to herein as “This Title”.
Purpose and Intent: This Title is adopted for the purpose and intent of protecting the public health, safety, comfort, convenience, and general welfare through the establishment of minimum regulations governing development and use. This Title divides the city into zones and establish regulations in regard to location, erection, construction, alteration, and use of structures and land. These regulations are established with the intent to:
1. Implement the comprehensive plan.
2. Promote orderly development and redevelopment of the residential, commercial, industrial, recreational, and public areas.
3. Protect, conserve, and enhance the natural environment and resources that currently exist within the city.
4. Control and regulate the development and redevelopment of Burnsville to ensure development in areas where adequate public sewer and other public services are provided.
5. Provide compatible land uses and the most appropriate use of land throughout the city.
6. Provide a safe, effective transportation system including roadways, pedestrian pathways, and transit opportunities.
7. Provide adequate light, air, and convenience of access to property.
8. Protecting the quality and diversity of the City’s tax base.
9. Conserve the value of property throughout Burnsville.
10. Regulate uses and business that may have adverse secondary effects on the quality of life of Burnsville residents.
Relationship to Comprehensive Plan: It is the intent of the City of Burnsville that the enforcement, amendment, and administration of this chapter be accomplished consistent with the city’s comprehensive plan, as may be amended from time to time. The city council recognizes the comprehensive plan as the official policy plan for the regulation of land use and development in accordance with the policies and purposes herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other changes in these regulations that are inconsistent with the City Comprehensive Plan.
Effective Date and Authority to Adopt:
1. This Title applies to development applications filed on or after its effective date; applications filed prior to that date are governed by the zoning regulations then in effect.
2. The authority to adopt this title within the City of Burnsville is derived from Minnesota Statutes, Chapter 462, including but not limited to Minnesota Statutes, Chapters 462.357 and 462.358, as well as other applicable state statutes and rules. Whenever other applicable city, state, or federal laws or rules referenced in this title have been amended or superseded, this Title shall also be considered amended accordingly.
Severability:
1. If any section, clause, provision, or portion of this Title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Title is not affected.
2. If any application of this Title to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement will not be applicable to any other structure, land, or water not specifically included in said judgement.
Interpretation and Application:
1. Interpretation:
  1. In their interpretation and application, the provisions of this Title is held to minimum requirements for the promotion of the public health, safety, morals, and general welfare.
  2. In their interpretation and application, the provisions of this Title is be held to the minimum requirements. Wherever this title imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Title govern except as otherwise provided in state statutes or rules.
  3. All measured distances in this Title expressed in feet are to the nearest tenth of a foot.
2. Application:
  1. Except as provided in this Title, no building, structure or premises will be used or occupied and no building permit is granted and no plat approved that does not conform to the requirements of this Title.
  2. If a use is not explicitly permitted or expressly prohibited within a zoning district, it will be deemed prohibited..
  3. The City Council or the Planning Commission may request 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 the development of the use. The City Council, Planning Commission or property owner, if appropriate, will 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.
3. Abrogation and Greater Restrictions: It is not intended by this Title to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title imposes greater restrictions, the provisions of this Title prevails. All other ordinances inconsistent with this Title are hereby repealed to the extent of the inconsistency only.
4. Use of Graphics, Illustrations, Figures, Photos, and Cross-References:
  1. Graphics, illustrations, figures, and photos are provided for illustrative purposes only and are not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text will control.
  2. In some instances, cross-references between titles, chapters, sections, and subsections are provided that include the title, chapter, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name will control.
5. Rules of Construction:
  1. Clarification on the provisions of this Title or questions on the procedures or applicability of this Title should be directed to the Community Development Department or other City Departments as may be appropriate. Further clarification or interpretation will be accomplished according to the procedures of the board of appeals and adjustments as set forth in Section 10-2-1-2 “Appeals” of this Title.
  2. For additional clarity and consistency in the understanding, interpretation, and application of this Title the following applies:
    1. Grammatical use or references made in the singular includes the plural and the plural includes the singular, unless such use or reference is otherwise specifically stated.
    2. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present.
    3. The word “shall” is used to mean mandatory; whereas, the word “may” is permissive and does not imply obligation.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

1648

Burnsville City Zoning Code

CHAPTER 10

1 INTRODUCTORY PROVISIONS

Title: This Title is known as the “Burnsville Zoning Title” except as referred to herein as “This Title”.
Purpose and Intent: This Title is adopted for the purpose and intent of protecting the public health, safety, comfort, convenience, and general welfare through the establishment of minimum regulations governing development and use. This Title divides the city into zones and establish regulations in regard to location, erection, construction, alteration, and use of structures and land. These regulations are established with the intent to:
1. Implement the comprehensive plan.
2. Promote orderly development and redevelopment of the residential, commercial, industrial, recreational, and public areas.
3. Protect, conserve, and enhance the natural environment and resources that currently exist within the city.
4. Control and regulate the development and redevelopment of Burnsville to ensure development in areas where adequate public sewer and other public services are provided.
5. Provide compatible land uses and the most appropriate use of land throughout the city.
6. Provide a safe, effective transportation system including roadways, pedestrian pathways, and transit opportunities.
7. Provide adequate light, air, and convenience of access to property.
8. Protecting the quality and diversity of the City’s tax base.
9. Conserve the value of property throughout Burnsville.
10. Regulate uses and business that may have adverse secondary effects on the quality of life of Burnsville residents.
Relationship to Comprehensive Plan: It is the intent of the City of Burnsville that the enforcement, amendment, and administration of this chapter be accomplished consistent with the city’s comprehensive plan, as may be amended from time to time. The city council recognizes the comprehensive plan as the official policy plan for the regulation of land use and development in accordance with the policies and purposes herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other changes in these regulations that are inconsistent with the City Comprehensive Plan.
Effective Date and Authority to Adopt:
1. This Title applies to development applications filed on or after its effective date; applications filed prior to that date are governed by the zoning regulations then in effect.
2. The authority to adopt this title within the City of Burnsville is derived from Minnesota Statutes, Chapter 462, including but not limited to Minnesota Statutes, Chapters 462.357 and 462.358, as well as other applicable state statutes and rules. Whenever other applicable city, state, or federal laws or rules referenced in this title have been amended or superseded, this Title shall also be considered amended accordingly.
Severability:
1. If any section, clause, provision, or portion of this Title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Title is not affected.
2. If any application of this Title to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement will not be applicable to any other structure, land, or water not specifically included in said judgement.
Interpretation and Application:
1. Interpretation:
  1. In their interpretation and application, the provisions of this Title is held to minimum requirements for the promotion of the public health, safety, morals, and general welfare.
  2. In their interpretation and application, the provisions of this Title is be held to the minimum requirements. Wherever this title imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Title govern except as otherwise provided in state statutes or rules.
  3. All measured distances in this Title expressed in feet are to the nearest tenth of a foot.
2. Application:
  1. Except as provided in this Title, no building, structure or premises will be used or occupied and no building permit is granted and no plat approved that does not conform to the requirements of this Title.
  2. If a use is not explicitly permitted or expressly prohibited within a zoning district, it will be deemed prohibited..
  3. The City Council or the Planning Commission may request 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 the development of the use. The City Council, Planning Commission or property owner, if appropriate, will 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.
3. Abrogation and Greater Restrictions: It is not intended by this Title to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title imposes greater restrictions, the provisions of this Title prevails. All other ordinances inconsistent with this Title are hereby repealed to the extent of the inconsistency only.
4. Use of Graphics, Illustrations, Figures, Photos, and Cross-References:
  1. Graphics, illustrations, figures, and photos are provided for illustrative purposes only and are not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text will control.
  2. In some instances, cross-references between titles, chapters, sections, and subsections are provided that include the title, chapter, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name will control.
5. Rules of Construction:
  1. Clarification on the provisions of this Title or questions on the procedures or applicability of this Title should be directed to the Community Development Department or other City Departments as may be appropriate. Further clarification or interpretation will be accomplished according to the procedures of the board of appeals and adjustments as set forth in Section 10-2-1-2 “Appeals” of this Title.
  2. For additional clarity and consistency in the understanding, interpretation, and application of this Title the following applies:
    1. Grammatical use or references made in the singular includes the plural and the plural includes the singular, unless such use or reference is otherwise specifically stated.
    2. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present.
    3. The word “shall” is used to mean mandatory; whereas, the word “may” is permissive and does not imply obligation.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

1648

Burnsville City Zoning Code

CHAPTER 10

1 INTRODUCTORY PROVISIONS

Title: This Title is known as the “Burnsville Zoning Title” except as referred to herein as “This Title”.
Purpose and Intent: This Title is adopted for the purpose and intent of protecting the public health, safety, comfort, convenience, and general welfare through the establishment of minimum regulations governing development and use. This Title divides the city into zones and establish regulations in regard to location, erection, construction, alteration, and use of structures and land. These regulations are established with the intent to:
1. Implement the comprehensive plan.
2. Promote orderly development and redevelopment of the residential, commercial, industrial, recreational, and public areas.
3. Protect, conserve, and enhance the natural environment and resources that currently exist within the city.
4. Control and regulate the development and redevelopment of Burnsville to ensure development in areas where adequate public sewer and other public services are provided.
5. Provide compatible land uses and the most appropriate use of land throughout the city.
6. Provide a safe, effective transportation system including roadways, pedestrian pathways, and transit opportunities.
7. Provide adequate light, air, and convenience of access to property.
8. Protecting the quality and diversity of the City’s tax base.
9. Conserve the value of property throughout Burnsville.
10. Regulate uses and business that may have adverse secondary effects on the quality of life of Burnsville residents.
Relationship to Comprehensive Plan: It is the intent of the City of Burnsville that the enforcement, amendment, and administration of this chapter be accomplished consistent with the city’s comprehensive plan, as may be amended from time to time. The city council recognizes the comprehensive plan as the official policy plan for the regulation of land use and development in accordance with the policies and purposes herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other changes in these regulations that are inconsistent with the City Comprehensive Plan.
Effective Date and Authority to Adopt:
1. This Title applies to development applications filed on or after its effective date; applications filed prior to that date are governed by the zoning regulations then in effect.
2. The authority to adopt this title within the City of Burnsville is derived from Minnesota Statutes, Chapter 462, including but not limited to Minnesota Statutes, Chapters 462.357 and 462.358, as well as other applicable state statutes and rules. Whenever other applicable city, state, or federal laws or rules referenced in this title have been amended or superseded, this Title shall also be considered amended accordingly.
Severability:
1. If any section, clause, provision, or portion of this Title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Title is not affected.
2. If any application of this Title to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement will not be applicable to any other structure, land, or water not specifically included in said judgement.
Interpretation and Application:
1. Interpretation:
  1. In their interpretation and application, the provisions of this Title is held to minimum requirements for the promotion of the public health, safety, morals, and general welfare.
  2. In their interpretation and application, the provisions of this Title is be held to the minimum requirements. Wherever this title imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Title govern except as otherwise provided in state statutes or rules.
  3. All measured distances in this Title expressed in feet are to the nearest tenth of a foot.
2. Application:
  1. Except as provided in this Title, no building, structure or premises will be used or occupied and no building permit is granted and no plat approved that does not conform to the requirements of this Title.
  2. If a use is not explicitly permitted or expressly prohibited within a zoning district, it will be deemed prohibited..
  3. The City Council or the Planning Commission may request 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 the development of the use. The City Council, Planning Commission or property owner, if appropriate, will 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.
3. Abrogation and Greater Restrictions: It is not intended by this Title to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title imposes greater restrictions, the provisions of this Title prevails. All other ordinances inconsistent with this Title are hereby repealed to the extent of the inconsistency only.
4. Use of Graphics, Illustrations, Figures, Photos, and Cross-References:
  1. Graphics, illustrations, figures, and photos are provided for illustrative purposes only and are not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text will control.
  2. In some instances, cross-references between titles, chapters, sections, and subsections are provided that include the title, chapter, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name will control.
5. Rules of Construction:
  1. Clarification on the provisions of this Title or questions on the procedures or applicability of this Title should be directed to the Community Development Department or other City Departments as may be appropriate. Further clarification or interpretation will be accomplished according to the procedures of the board of appeals and adjustments as set forth in Section 10-2-1-2 “Appeals” of this Title.
  2. For additional clarity and consistency in the understanding, interpretation, and application of this Title the following applies:
    1. Grammatical use or references made in the singular includes the plural and the plural includes the singular, unless such use or reference is otherwise specifically stated.
    2. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present.
    3. The word “shall” is used to mean mandatory; whereas, the word “may” is permissive and does not imply obligation.

HISTORY
Adopted by Ord. 1648 on 6/12/2026