Center City City Zoning Code
CHAPTER 190
TITLE AND APPLICATION
§ 190.01 TITLE AND APPLICATION.
(A) Title. This title shall be known as the Center City Zoning Ordinance, except as referred to herein, where it shall be known as “this Title.”
(B) Intent and purpose. The intent of this title is to protect the public health, safety, and general welfare of the community and its people through the establishment of minimum regulations in regard to location, erection, construction, alteration, and use of structures and land. More specifically, it is the purpose of this title to:
(1) Guide the orderly development and redevelopment of the city, promote high quality urban design, and regulate land uses and the location and use of structures for residential, commercial, and other purposes consistent with the goals and policies of the city’s Comprehensive Plan.
(2) Assist in providing a physical environment that provides for the housing, employment, business, service, recreational, social, cultural, educational, and entertainment needs of the city and maintains and enhances a high quality of life for its residents.
(3) Provide a diversity of areas characterized by differing land use activities, scale and intensity, while maintaining neighborhood and community identity, and quality development by maintaining a balance between residential and non-residential land uses and compatibility of different land uses.
(4) Respect the city’s environmental setting and constraints, and meet the needs of the city for adequate public services and infrastructure.
(5) Ensure the maintenance of property within the city by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this title.
(6) Maintain and enhance the City of Center City’s small town character with a unique, distinctive, and secure environment for the city’s residents and businesses.
(7) To provide adequate light, air, and convenience of access to property.
(8) To prevent congestion in the public right-of-way and to prevent overcrowding of land and undue concentration of structures by regulating land, building, yards, and density of population.
(9) To provide for administration of this title and to provide for amendments and prescribe penalties for violation of such regulations.
(10) To define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission, and the City Council in relation to this title.
(C) Relation to the city’s Comprehensive Plan. It is the policy of the city, that the city’s adopted Comprehensive Plan shall serve as the basis upon which land use and development shall be regulated and that the enforcement, amendment, and administration of this title be accomplished with due consideration of the recommendations contained in the city’s Comprehensive Plan as developed and amended from time to time by the city. The city recognizes the Comprehensive Plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 190.02 STANDARD REQUIREMENTS.
(A) 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 requirements shall prevail.
(B) In their interpretation and application, the provisions of this title shall be held to the minimum requirements for the promotion of the public health, safety, and welfare.
(C) All references within this title to other city, county, state, and federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of county, state, or federal regulations. Furthermore, all references to other city, county, state, and federal regulations within this title are intended to refer to the most current version and citation for those regulations. If such references are invalid due to repeal or renumbering, the new regulations intended to replace those cited, regardless of the citation, shall govern unless otherwise specified.
(D) No structure shall be erected, converted, enlarged, reconstructed, altered, or moved, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this title.
(E) Except as herein provided, no building, structure, or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this title.
(F) 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 title are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall be controlling.
(G) No error in a resolution approving a permit, or an omission of a requirement of this title from a resolution or other approval, shall affect the applicant’s obligation to comply with all applicable provisions of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 190.03 PRIOR CONDITIONAL USES.
Any established use or building legally existing prior to the effective date of this title, June 7, 2011, and which is now classified as a conditional use may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use, or any other subsequently approved conditional use shall, however, require a new conditional use permit be processed according to this title.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 190.04 MONUMENTS.
For the purpose of this title, all international, federal, state, county and other official monuments, bench marks, 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.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 190.05 USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS.
Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases 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 study shall, if appropriate, initiate an amendment to this title to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 190.06 SEPARABILITY.
It is hereby declared to be the intention of the city that the several provisions of this title are separable in accordance with the following:
(A) If any court of competent jurisdiction shall judge any provision of this title to be invalid, such judgment shall not effect any other provisions of this title not specifically included in said judgment.
(B) 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 said provision to any other property, building, or structure not specifically included in said judgment.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 190.07 AUTHORITY.
This title is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 through 462.363.
(Ord. 2011-06-07A, passed 6-7-2011)