(a)

Title. This Appendix E shall be known as the Excelsior Zoning Ordinance except as referred to herein, where it shall be known as "this Appendix E".

(b)

Intent and purpose. The intent of this Appendix E 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 the location, erection, construction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, building, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this Appendix E; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the residential review process, the board of adjustment and appeals, the planning commission, and the city council in relation to this Appendix E.

(c)

Relation to the city's comprehensive plan. Pursuant to Minn. Stats. § 473.858, as may be amended, and city policy, the city's adopted Comprehensive Plan shall serve as the basis upon which land use and development shall be regulated. This Appendix E shall not conflict with and shall be based upon and implement the city's Comprehensive Plan.

(d)

Standard, requirement. Where the conditions imposed by any provision of this Appendix E are either more or less restrictive than comparable conditions imposed by other Appendix E, rule or regulation of the city, the ordinance, rule, or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

(e)

Application. The provisions of this Appendix E shall be the minimum requirements for the promotion of the public health, safety, and welfare.

(Ord. No. 610, § 2, 9-9-2020)

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 Appendix 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 Appendix E.

For the purpose of this Appendix E, all international, federal, state, county, and other official monuments, benchmarks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to insure 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.

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 Appendix E to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

When land is proposed to be annexed to the city, the planning commission shall hold a public hearing in accordance with the processing provisions of this Appendix E to determine zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the city council. In the event the annexation proceedings become final before the permanent zoning is determined, the annexed area shall be placed in the R-1 District and such classification shall be considered as an interim step pending permanent classification.

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

(1)

If any court of competent jurisdiction shall adjudge any provision of this Appendix E to be invalid, such judgment shall not affect any other provisions of this Appendix E not specifically included in said judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Appendix E 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.

This Appendix E is enacted pursuant to the authority granted by the Municipal Planning Act, Minn. Stats. §§ 462.351 to 462.363.

The council intends this Appendix E to be a comprehensive revision to chapter X, the Excelsior Zoning Ordinance. Any act done, offense committed, rights accruing or accrued, liability, or penalty incurred or imposed prior to February 9, 2003, is not affected by its enactment.