This chapter shall be known as the Carver Zoning Ordinance, may be cited as such, and may be referred to in this chapter as "this Ordinance".

The basic purpose of this Ordinance is to regulate the use of land, the location, bulk, height, and use of structures, the arrangements of structures on lots and the density of population in the city, and provide for the administration and enforcement of such regulations to insure public health, safety and general welfare based upon "comprehensive plan" of the city, and with adopted development goals, policies and proposals contained therein. This Ordinance shall divide the geographic area within the corporate limits of the city into districts and shall establish regulations pertaining to the use and location of structures and to the use of land within the districts. More specifically such regulations shall be designed to achieve the following objectives:

A.

To protect existing urban development from potential negative effects of conflicting uses.

B.

To foster a strong and balanced tax base in response to municipal financial requirements.

C.

To prevent excessive population densities and overcrowding of land.

D.

To provide and maintain a safe and efficient traffic circulation system.

E.

To promote a visually pleasing environment throughout the community within urban as well as rural areas; within commercial and industrial as well as public and residential areas.

The geographic jurisdiction of this Ordinance shall be the entire area within the corporate limits of the City of Carver, Minnesota. If the city enters into any annexation agreement with a township which confers land use authority on the city outside of its corporate limits, the provisions of this Ordinance shall apply. Any land annexed to the City in the future shall be placed in the Ag (Agriculture) district until another zoning classification is approved by action of the city council after receipt of the recommendation of the planning commission.

This Ordinance is enacted in accordance with authority granted by M.S.A. § 462.357 as amended.

It is the policy of the city that the enforcement, amendment, and administration of this Ordinance be accomplished consistent with the recommendations contained in the city comprehensive plan, as developed and amended from time to time by the planning commission and city council. 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 herein set forth. In accordance with M.S.A. § 473.858, as amended, the city will not approve any rezoning or other changes in these regulations that are inconsistent with the city comprehensive plan.

(1)

Minimum standards. 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.

(2)

Prevailing standards. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail.

(3)

Conformity. Subject to the limitations of M.S.A. § 462.357, subdivision 1(e), as amended, 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, unless a variance from these regulations is granted by the board of appeals.

(4)

Uses not provided for within zoning districts. Whenever in any zoning district a use is not specifically allowed as a permitted accessory, conditional, or interim use, the use shall be considered prohibited. In such cases, the city council or the planning commission, on their own initiative or upon request by a owner or applicant, 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 may, if appropriate, initiate an amendment to this Ordinance to provide for the particular use under consideration or may find that the use is not compatible for development within the city.

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

A.

If any court of competent jurisdictions 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 jurisdictions 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.

(1)

Essential services shall be subdivided into two classes for consideration under this Ordinance: Governmentally owned and operated, or privately owned and operated.

A.

Governmentally owned and operated essential services (sewer, water, public streets, civil defense sires, etc.) shall be permitted as authorized and regulated by state law and ordinances of the city. It is the intention that these essential services are exempt from the application of this Ordinance.

B.

Privately owned and operated essential services (telephone, electric, gas, private streets, etc.) are subject to provisions of this Ordinance, unless specifically exempted by a provision of this Ordinance. These essential services are also subject to other ordinances of the city as applicable.

The lawful use of any land or structures existing at the time of the effective date of this Ordinance may be continued, at the size and in the manner of operation existing on such date, even if such use does not conform to the regulations of this Ordinance subject to the following provisions:

(1)

Nonconforming structures.

A.

Maintenance. Any nonconforming building or structure existing at the time of the adoption of an additional control under this Ordinance, may be continued, including through repair, replacement, restoration, maintenance, or improvement, subject to paragraphs B. and C. of this subdivision.

B.

Enlargement. A nonconforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made to bring the building or structure into conformity with the regulations of this Ordinance.

C.

Restoration. A nonconforming building or structure that is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, may be restored under the following conditions:

1.

A building permit is applied for within 180 days of when the property is damaged;

2.

The restoration shall be permitted provided that it repairs and restores the existing structure; and

3.

Any changes that would result in an increase in nonconformity or enlargement of the structure shall not be permitted. However, if a proposed change would result in a decrease in the degree of nonconformity the proposed restoration may be permitted at the discretion of the zoning administrator.

(2)

Nonconforming uses and structures.

A.

Enlargement or alteration. No nonconforming structure or use shall be enlarged or increased, or extended to occupy a greater area than was occupied when the use became non-conforming, except in the following case:

A nonconforming use may be extended throughout any parts of an existing structure which were manifestly arranged or designed for such use when the use became nonconforming, but no such use shall be extended to occupy land outside the structure.

B.

Relocation. No nonconforming use or structure shall be moved in whole or in part to any other part of the parcel of land upon which the use or structure was conducted at the time of passage of this Ordinance, nor shall the use or structure be moved in whole or in part to any other zoning lot except to bring it into conformance with the regulations of this Ordinance.

C.

Discontinuance or abandonment. A nonconforming use or structure that has been discontinued or abandoned for a period of one year shall not be reestablished and any future use shall be in conformity with the regulations of this Ordinance.

D.

Status change.

1.

A nonconforming use of a structure or land may be changed to a similar nonconforming use or a more restrictive nonconforming use. Once a structure or parcel of land has been changed to a more restrictive nonconforming use, it shall not return to a less restrictive use.

2.

When a nonconforming structure or use of land has been changed to a conforming use or structure, it shall not thereafter be changed back to a nonconforming use or structure.

3.

When a nonconforming use meets the requirements for and is granted a conditional use permit as an allowed conditional use in that district, such use or structure is thereafter deemed a conforming use subject to the terms of the conditional use permit.

(Ord. No. 02-2017, § 1, 2-21-2017)

(1)

Dwelling on substandard lot of record. In any district in which one-family dwellings are permitted, a one-family dwelling and customary accessory structures may be erected on any single substandard lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such substandard lot of record fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that setback dimensions and requirements other than those applying to area or width, or both, of the substandard lot of record shall conform to the regulations for the district in which such substandard lot of record is located - but in no case shall structures be permitted on a site less than 50 feet in width. Variance of requirements other than area or width shall be obtained only through action of the board of appeals.

(2)

Lots in same ownership. If two or more substandard lot of record or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter of the City Code and if all or part of the individual lots do not meet the requirements established for lot width and area, the lands involved shall, in the aggregate, be considered to be a zoning lot for the purposes of this Ordinance and no portion of such lots shall be divided, used or sold in a manner which diminishes compliance with standards of this chapter of the City Code.