This title is enacted pursuant to authority granted by the Municipal Planning Act, Minnesota Statutes, sections 462.351 to 462.363. (Ord. 156, 6-13-2020)

The official title of this title is the ZONING ORDINANCE OF THE CITY OF FRAZEE, MINNESOTA and is referred to within this document as either the "Zoning Ordinance" or "title". This title shall become effective following its passage and publication in the City's official newspaper. (Ord. 156, 6-13-2020)

This title is for the purpose of promoting the health, safety, and general welfare of the public, and to implement the City's Comprehensive Plan. This is achieved by regulating the location and size of buildings and other structures; the percentage of each lot which may be occupied; the size of yards and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes; and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, flood control, or other purposes, and establishing standards and procedures regulating such uses. As residential development is considered the cornerstone of development in the City, this title will ensure the availability of an ample supply of land to meet the diverse housing needs of all residents in a compact and orderly manner. As housing growth occurs, the opportunity for commercial and light industrial development must also be accommodated. (Ord. 156, 6-13-2020)

To protect the public, such provisions are intended to provide for adequate light and air; safety from fire and other danger; prevent unhealthy concentrations of population; provide ample parking facilities; regulate the location and operation of businesses, industries, dwellings, and buildings for other specified purposes; preserve and stabilize property values by providing for orderly and compatible development of the various land uses; provide for administration of this title; provide for amendments hereto; and provide for official recording of this title and all amendments hereto. (Ord. 156, 6-13-2020)

Administration, enforcement, and amendment of this title will be accomplished with due consideration of the recommendations contained in the City's Comprehensive Plan, as adopted and periodically amended by the Planning Commission and City Council. The City Council recognizes the Comprehensive Plan as the principle guidance for regulating land use and development in accordance with the policies and purpose set forth in this title. (Ord. 156, 6-13-2020)

As of the effective date of this title, the use of all land and every structure within the incorporated limits of the City of Frazee shall be subject to the provisions within this title. Additionally, any identified joint powers agreements and/or orderly annexation agreements may be subject to regulations established within this title or the Subdivision Ordinance. (Ord. 156, 6-13-2020)

   A.   More Restrictive Provisions To Govern: Where the conditions imposed by any provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any law, ordinance, code, statute, resolution, or regulation, the regulations which are more restrictive or impose higher standards or requirements shall prevail.

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

   C.   Conformity With This Title: No building or structure shall be erected, converted, enlarged, constructed, reconstructed, moved, or altered, and no building, structure, or land shall be used for any purpose, nor in any manner, which is not in conformity with the provisions of this title and without a building permit being issued when required by this code.

   D.   Building Occupancy: 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.

   E.   Nonreduction Of Yards Or Lots: No yard or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this title shall meet at least the minimum requirements established by this title.

   F.   Regulation 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. (Ord. 156, 6-13-2020)

It is hereby declared to be the intention of the City that the provisions of this title are separable in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this title invalid, such judgment shall not affect 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. 156, 6-13-2020)