Mendota Heights City Zoning Code
CHAPTER 1
TITLE, PURPOSE AND CONFORMANCE
12-1A-1: TITLE AND APPLICATION:
This Title shall be known, cited and referred to as the MENDOTA HEIGHTS ZONING ORDINANCE or except as referred to hereinafter, where it shall be known as “Zoning Ordinance”. (Ord. 592, 9-17-2024)
12-1A-2: INTENT AND PURPOSE:
This Zoning Ordinance is adopted for the purposes of:
A. Protecting the public health, safety, morals, comfort, convenience, and general welfare.
B. Dividing the City into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land.
C. Promoting orderly development of the residential, business, industrial, recreation 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. Providing for the administration of this Zoning Ordinance and amendments thereto.
I. Defining the powers and duties of the administrative officers and bodies, as provided hereinafter.
J. Prescribing penalties for the violation of the provisions of this Zoning Ordinance or any amendment thereto. (Ord. 592, 9-17-2024)
12-1A-3: APPLICATION AND INTERPRETATION:
A. Minimum Requirements. In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, and general welfare.
B. Conflicting Provisions. Where the conditions imposed by any provision of this Zoning Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statue, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail.
C. Compliance with Provisions. 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 Zoning Ordinance. (Ord. 592, 9-17-2024)
It is hereby declared to be the intention that the provisions of this Zoning Ordinance which are separable in accordance with the following:
A. If any court of competent jurisdiction shall judge any provisions of this Zoning Ordinance to be invalid, such judgement shall not affect any other provision of this Zoning Ordinance not specifically included in said judgement.
B. If any court of competent jurisdiction shall judge invalid the application of any provision of this Zoning Ordinance to a particular property, building, or structure, such judgement shall not affect other property, buildings, or structures. (Ord. 592, 9-17-2024)
12-1A-5: AUTHORITY:
This Chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, and Sections 462.351 to 462.364, and any other successor chapters and sections. (Ord. 592, 9-17-2024)
12-1B-1: RELATIONSHIP TO COMPREHENSIVE PLAN:
It is the policy of the City of Mendota Heights that the enforcement, amendment, and administration of this Zoning Ordinance be accomplished with due consideration of the recommendations contained in the Comprehensive Plan, as developed and amended from time to time by the City Council of the City. The City Council recognizes the Comprehensive Plan as the policy guide for responsible regulation of land use and development in accordance with the policies and purpose herein set forth. (Ord. 592, 9-17-2024)
12-1B-2: NONCONFORMING USES, STRUCTURES AND LAND:
A. Continuance of Nonconforming Use, Structure or Land. Any structure or use lawfully existing upon the effective date of this Zoning Ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified.
B. Discontinuance of Use. Whenever a lawful nonconforming use of a structure or land is discontinued for a period of six (6) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Ordinance.
C. Change of Use.
1. When any lawful nonconforming use of any structure or land in any Zoning District has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
2. A lawful nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use. Once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
D. Maintenance and Repairs.
1. Nothing in this Zoning Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the code enforcement officer.
2. Whenever a lawful nonconforming structure has been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be remodeled, reconstructed, improved, or rebuilt, provided that:
a. A building permit is applied for within six (6) months of the date of the damage; and
b. The work provided for in the building permit is completed within 12 months of the date of damage; and
c. The reconstruction does not expand the physical size or bulk of the building, nor increase the nonconformity.
E. Alterations. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units.
F. Structures Under Construction. Any structure which will, under this Zoning Ordinance, become nonconforming, but for which a building permit has been lawfully granted prior to the effective date of this Zoning Ordinance or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within six (6) months of the effective date of this Zoning Ordinance or amendment hereto and continued to completion within two (2) years. Such structure shall thereafter be a legally existing nonconforming structure. (Ord. 592, 9-17-2024)