Freedom Township City Zoning Code
ARTICLE 1
INTRODUCTORY PROVISIONS
§ 1.01 TITLE.
This ordinance shall be known, cited and referred to as the “Waseca County Unified Development Code”. When referred to in this document, it shall be known as “this ordinance”.
(Ord. 97, passed 7-21-2009)
§ 1.02 PURPOSE.
The purposes of this ordinance are to:
(A) Implement the 2005 Comprehensive Land Use Plan;
(B) Promote the public health, safety, morals and general welfare by:
(1) Regulating the use of structures and land;
(2) Promoting orderly development of the residential, business, industrial, recreational and public areas;
(3) Providing for adequate light, air and convenience of access to property;
(4) Limiting congestion in the public rights-of-way;
(5) Conserving and managing the use of natural resources; and
(6) Providing for the administration and enforcement of this ordinance.
(C) Update ordinances. Unify and update all land development ordinances existing prior to the adoption of this ordinance, including zoning ordinance, subdivision ordinance, shoreland ordinance, joint airport zoning ordinance, floodplain management ordinance, sign regulations, feedlot ordinance, manufactured home ordinance, adult use ordinance, agricultural land preservation plan, right-to-farm ordinance and accessory dwelling ordinance; and
(D) Provide order and consistency. Establish orderly and consistent procedures to plan and oversee development.
(Ord. 97, passed 7-21-2009)
§ 1.03 STATUTORY AUTHORIZATION.
This ordinance has been enacted in accordance with authority granted to the county in M.S. Chapters 394 and 103F, as they may be amended from time to time, and Minnesota Regulations, Parts 6120.2500 through 6120.3900.
(Ord. 97, passed 7-21-2009)
§ 1.04 JURISDICTION/AFFECTED AREA.
The provisions of this ordinance shall apply to all land within the jurisdiction of the county. The provisions of this ordinance shall also apply to the shorelands of public water bodies as defined on the County Protected Waters Inventory list.
(Ord. 97, passed 7-21-2009)
§ 1.05 COMPLIANCE REQUIRED.
From and after the effective date of this ordinance, no structure shall be erected, constructed, enlarged, reconstructed or altered and no structure or land shall be used or occupied for any purpose nor in any manner which is not in conformity with this ordinance, except as specifically provided herein. Any structure or use existing upon the effective date of the adoption of this ordinance and which does not conform to the provisions of this ordinance shall be considered a nonconforming use subject to the rights and limitations specified in this ordinance.
(Ord. 97, passed 7-21-2009)
§ 1.06 RULES OF CONSTRUCTION AND INTERPRETATION.
The following rules of construction and interpretation shall apply to this ordinance.
(A) Conflict. To the extent of any conflict between this ordinance and any other county ordinance, regulation or code provision, the more restrictive shall be deemed to be controlling.
(B) Section and subsection titles. Section and subsection titles appear throughout this ordinance. These titles are for ease of use only; they shall not be interpreted as regulatory language.
(C) Rules.
(1) Word usage. The language in this ordinance shall be interpreted in accordance with the following rules of construction.
(a) Words used in the present tense shall include the future.
(b) Words in the singular shall include the plural and the plural the singular.
(c) The masculine gender shall include the feminine and neuter genders.
(d) The word “shall” is mandatory, whereas, the word “may” is permissive.
(e) Any word or term, which appears in this ordinance that, is not defined herein shall be interpreted and defined by the Zoning Administrator.
(2) Distances. All distances, unless otherwise specified, shall be measured horizontally.
(3) Permitted uses. Permitted uses of land or buildings as hereinafter listed shall be permitted in the districts indicated under the conditions specified. No building or land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building, structure or land shall be located, with the following exceptions:
(a) Uses lawfully established prior to the effective date of this ordinance;
(b) Conditional uses allowed in accordance with this ordinance; and
(c) Essential services erected, constructed, altered or maintained by public or private utilities or by government departments or commissions, not subject to local control.
(4) Conditional uses. Conditional uses of land or buildings, as hereinafter listed, may be allowed in the districts indicated subject to the issuance of conditional use permits in accordance with the provisions of this ordinance.
(Ord. 97, passed 7-21-2009)
§ 1.07 EFFECT ON PENDING APPLICATIONS.
Prior ordinances shall control the review of applications for required permits submitted in full and pending before the enactment of this ordinance as specified in § 1.10.
(Ord. 97, passed 7-21-2009)
§ 1.08 SEVERABILITY.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.
(Ord. 97, passed 7-21-2009)
§ 1.09 RELATIONSHIP TO OTHER CITY, COUNTY, STATE AND FEDERAL REGULATIONS.
(A) Compliance required. In addition to the requirements of this development ordinance, all uses and development shall comply with all other applicable city, county, state and federal regulations. If a provision of this ordinance conflicts with any other provision of this ordinance, the County Unified Development Code, or with any other provision of law, the more restrictive provision shall apply, except as otherwise provided. Where the provisions of any statute, other ordinance or regulation imposes greater restrictions than this ordinance, the provisions of such shall be controlling. The continuation of nonconformities provided for by M.S. §§ 394 and 462, as they may be amended from time to time, shall not apply to compliance with this ordinance and M.S. § 103F.48, as it may be amended from time to time.
(B) References to other regulations. All references within this development ordinance 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.
(C) Current versions and citations. All references to other city, county, state and federal regulations within this ordinance 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.
(Ord. 97, passed 7-21-2009; Ord. 126, passed 10-17-2017)
§ 1.10 PRIOR ORDINANCES REPEALED.
This ordinance repeals and replaces all prior land development ordinances including; the zoning ordinance, interim development ordinance, subdivision regulations, tower ordinance, floodplain management ordinance and large exhibitions ordinance.
(A) Any application for a subdivision will be processed under the requirements of Ord. 75, provided that:
(1) A concept plan for the development was submitted prior to passage of this ordinance;
(2) A preliminary plat was filed and approved within six months of passage of this ordinance; and
(3) A final plat was filed and approved within 12 months of passage of this ordinance.
(B) Any application for a variance or conditional use permit will be filed and processed under the requirements of Ord. 75 if filed prior to passage of the code and public hearing scheduled within 60 days of passage of this code and the variance or conditional use permit finalized within 60 days following the public hearing. When required, a conditional use permit application required for a subdivision will be due with the preliminary plat application.
(C) Any application for a new feedlot or the expansion of an existing feedlot will be processed under the requirements of Ord. 76 if filed prior to the passage of this code and completed within the timeframes specified in Ord. 76.
(Ord. 97, passed 7-21-2009)
§ 1.11 AMENDMENTS TO TEXT.
The County Board of Commissioners may amend the text of this ordinance by ordinance on its own action or by petition, after recommendation by the Planning and Zoning Commission and after public hearing. No amendment to the floodplain regulations and feedlot regulations in this ordinance, however, may be adopted without prior approval from the applicable state agency.
(Ord. 97, passed 7-21-2009)
§ 1.12 EFFECTIVE DATE.
This ordinance shall be in full force and take effect from and after the date established upon adoption by the Board of Commissioners.
(Ord. 97, passed 7-21-2009)