A.    Short Title: The official title of this title is the ZONING ORDINANCE OF THE CITY OF HAWLEY, MINNESOTA.

   B.    Purpose: This is a title for the purpose of promoting the public health, safety, comfort, and general welfare, and to implement the 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 shore lands, 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 zoning ordinance 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.

   C.    Intent: 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; provide for official recording of this title and all amendments hereto; implement the comprehensive plan and exercise any or all of the powers to the city of Hawley under state law.

   D.    Interpretation: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, comfort, safety, and welfare and to implement the comprehensive plan.

   E.    Existing Law: Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, code, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or impose higher standards or requirements shall prevail.

   F.    Separability: Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any part, thereof, other than the part so declared to be unconstitutional or invalid.

   G.    Repeal Of Conflicting Ordinances: All ordinances or parts of ordinances in conflict with this zoning ordinance, or inconsistent with the provisions of this title, are hereby repealed to the extent necessary to give this title full force and effect. This title shall become effective upon its adoption by the Hawley city council and its publication of purpose and intent and brief summary in the official newspaper.

   H.    Relation To The Comprehensive Plan: Enforcement, amendment, and administration of this title will be accomplished with due consideration of the recommendations contained in the comprehensive plan for the city of Hawley, Minnesota, 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.

   I.    Authority: This title is enacted pursuant to the authority granted by the municipal planning act, Minnesota statutes, sections 462.351 – 462.363, and all amendments and revisions to said chapter. (Ord. 230, 5-6-2002)

   A.    Rules For Interpretation Of District Boundaries: Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules shall apply:

      1.    Streets: Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

      2.    Lot Lines: Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

      3.    City Limits: Boundaries indicated as approximately following city limits shall be construed as following city limits;

      4.    Railroads: Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks;

      5.    Drains: Boundaries indicated as approximately following the centerlines of drains or other bodies of water shall be construed to follow such centerlines;

      6.    Extensions: Boundaries indicated as parallel to, or extensions of, features indicated in subsections A1 through A5 of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map or field survey;

      7.    Vacated Ways: Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoned district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all included in the vacation shall then, and henceforth, be subject to all regulations of the extended districts.

   B.    Conformity: No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, converted, enlarged, constructed, reconstructed, moved, or structurally altered, and no land shall be used for any purpose nor in any manner, unless in conformity with all of the regulations herein specified for the district in which it is located and without a permit being issued when required by this title.

   C.    Uses Not Provided Within Zoning Districts: In a zoning district if a use is neither specifically permitted nor prohibited, the use shall be considered prohibited. In such cases, the 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 also the determination of conditions and standards relating to the development of the use. The 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 in the city.

   D.    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 in this title. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title. No building in any zoning district shall hereby be erected or structurally altered if the lot is below the minimum square footage requirements for that district.

   E.    Zoning Upon Annexation: All territory which may hereafter be annexed to the city shall be considered to be zoned transition zone (TZ) until such time as the zoning designation is changed by action of the city council.

   F.    Official Zoning Map: According to the provisions of this title, the city is hereby divided into districts as shown on the official zoning map, which together with all related and supporting information is hereby adopted by reference and declared to be part of this zoning ordinance. The official zoning map shall be posted and made available for examination at the Hawley city hall. The official zoning map shall be the final authority as to the current zoning status of land, buildings, and other structures located in the city.

It shall be the responsibility of the zoning official to maintain and update the official zoning map and to record each amendment thereto within thirty (30) days after the official publication of an ordinance approving an amendment. No unauthorized changes shall be made to the official zoning map or information shown thereon except in conformity with the procedures set forth in this title.

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk treasurer, and bearing the seal of the city of Hawley under the following words: "This is the Official Zoning Map of the City of Hawley, Minnesota", together with the date of adoption of this title.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map. The new map may correct drafting errors or omissions which may have appeared in the prior map, but such corrections shall not have the effect of amending or changing the original zoning ordinance or any subsequent amendment. (Ord. 230, 5-6-2002)