This Title shall be known, cited and referred to as the MONTEVIDEO ZONING ORDINANCE. (1998 Code)

This Title is adopted for the purpose of:

   A.   Protecting the public health, safety, convenience and general welfare.

   B.   Dividing the City into zones and districts, restricting and regulating therein the location, and use of structures and the land.

   C.   Promoting orderly development of the residential, business, industrial, recreational and public areas.

   D.   Providing adequate light, air and convenience of access to property.

   E.   Limiting congestion in the public rights of way.

   F.   Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them.

   G.   Providing for the compatibility of different land uses and the most appropriate use of land throughout the City.

   H.   Securing safety from flood.

   I.   Reducing waste from excessive mileage of roads.

   J.   Providing for the administration of this Title and amendments thereto.

   K.   Defining the powers and duties of the administrative officers and bodies, as provided hereinafter.

   L.   Prescribing penalties for the violation of the provisions of this Title or any amendment thereto. (1998 Code)

This Title is enacted pursuant to the authority granted by the Minnesota Municipal Planning Act, Minnesota Statutes, sections 462.351 to 462.363.

   A.   Application: This Title shall be applicable to all lands and waters within the corporate limits of the City.

   B.   Minimum Requirements: In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

   C.   Use Of Yard, Open Space, Lot: No part of the yard or open space required for a given building shall be included as a part of the yard or other space required for another building, and no lot shall be used for more than one principal building.

   D.   Use Not Specifically Permitted Or Denied: Whenever in any zoning district a use is neither specifically permitted or denied, 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 Title to provide for the particular use under consideration or shall find that the use is not compatible for development within the City.

   E.   Conformity Required: Except as in this Title specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered; and no structure or land shall be used for any purpose in any manner which is not in conformity with this Title.

   F.   Access: No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space at least ten feet (10') in width. No building shall hereafter be erected or altered so as to close the present means of access to an existing dwelling or so as to diminish this means of access to a width less than the width of the existing dwelling.

   G.   Garage Sales: "Garage sales" as hereinafter defined shall be permitted in all zoning districts.

   H.   Residential Occupancy Requirements: All structures used for residential occupancy shall have a minimum width of twenty four feet (24') on its narrowest dimension, excluding porches and entryways, a minimum floor area of nine hundred sixty (960) square feet and shall be affixed to a permanent foundation which complies with the Minnesota State Building Code. (1998 Code)

It is hereby declared to be the intention that the several provisions of this development code are separable in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provisions of this Title to be invalid, such judgment shall not affect any other provision 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 structure, such judgment shall not affect other proper buildings or structures. (1998 Code)