Sections 300.01 through 300.33, inclusive, of the code of city ordinances shall be known and may be referred to as the “Minnetonka zoning ordinance of 1986”. When referred to herein it shall be known as “this ordinance”.

This ordinance is enacted to promote the public health, safety and general welfare of the city of Minnetonka through the following:

a)   encouraging the planned and orderly development of residential, commercial, industrial, recreational and public uses of land;

b)   providing adequate light, air and convenience of access to property;

c)   limiting congestion in the public right-of-way;

d)   preventing overcrowding of land and undue concentration of population and structures;

e)   providing for the compatible integration of different land uses and the most appropriate use of land;

f)   encouraging development in accordance with the city's comprehensive plan;

g)   conserving the natural beauty and environmental assets of the city including areas of steep slopes, mature trees,wetlands, and habitat;

h)   protecting water resources and water quality in accordance with the provisions of this ordinance and the city's water resources management plan;

i)   facilitating the provision of water, utilities and sewage disposal to property;

j)   protecting the population from fire, and other matters affecting public safety;

k)   maintaining to a reasonable extent property values and the tax base of the city; and

l)   providing for the administration of this ordinance and amendments to it, defining the powers and duties imposed by this ordinance and prescribing penalties for violation of its provisions.

a)   From and after the effective date of this ordinance, the use of all land and all buildings erected, altered, enlarged or relocated and every use accessory thereto shall be in conformance with the provisions of this ordinance. Any existing use or building, lot or development which was legally established but is not in conformance with the provisions of this ordinance shall be regarded as non-conforming and may continue in existence only for such period of time and under such conditions as is provided for in section 300.29 of this ordinance.

b)   Some of the residential zoning designations established by this ordinance may differ from the stated land use designations in the comprehensive plan. These differences are consistent with the comprehensive plan, which recognizes that the existing zoning designations may remain in the near term, while waiting for planned, orderly, and staged development or redevelopment that complies with the comprehensive plan. Until that future development occurs, those properties will remain subject to the provisions of the current residential zoning district and these additional restrictions: (1) each property must be subdivided, developed or redeveloped only in compliance with the comprehensive plan land use designation, and (2) no conditional use permit that changes the principal use may be granted for a property. This does not prohibit improvements to an existing principal structure, including expansion and replacement, nor prohibit the construction, improvement, expansion, or replacement of permitted accessory uses. The city will initiate an amendment to the zoning district when the property is ready for subdivision, development or redevelopment, or when there is a specific development application that is consistent with the comprehensive plan.

(Amended by Ord. No. 2012-04, adopted March 26, 2012)

a)   The provisions of this ordinance shall be minimum requirements. Where the conditions imposed by any provision of this ordinance differ from those required by any statute or other ordinance of the city, the regulations which are more restrictive or which impose the higher standard shall prevail except provisions of the subdivision ordinance as codified in the 1982 code of ordinances shall not supercede provisions of this ordinance.

b)   Words or terms defined in this ordinance shall have the meanings assigned to them unless such meaning is clearly contrary to the intent of this ordinance. The singular number shall include the plural. The present tense shall include the past and future tenses. The word “shall” is mandatory and “may” is permissive.

a)   The location and boundaries of the zoning districts established by this ordinance shall be known and may be referred to as the “Minnetonka official zoning map”. The map and all notations, references and data shown on it are incorporated by reference into this ordinance and shall be as much a part of this ordinance as if it were fully described herein.

b)   The official wetlands, floodplain and shoreland maps referenced in sections 300.23, 300.24 and 300.25 of this ordinance are a part of the official zoning map established by this subdivision.

c)   All property within the city shall have the zoning designation shown on the official zoning map. If there is any discrepancy or inconsistency between the official zoning map and any other map, ordinance or source which purports to indicate the zoning of property, the official zoning map shall take precedence.

d)   Except for the wetland, floodplain and shoreland overlay districts, zoning district boundary lines shown on the official zoning map are intended to follow lot lines, the center lines of streets or alleys, the center lines of street or alleys projected, railroad right-of-way lines, the center of watercourses or the corporate limits of the city, unless otherwise indicated. In the case of the wetlands, floodplain and shoreland overlay districts, the boundary lines of the districts must be determined as specified in sections 300.23, 300.24, and 300.25 of this ordinance, respectively.

e)   It shall be the responsibility of the city planner to maintain the Minnetonka official zoning map and to make changes on the map promptly whenever appropriate.

Every section or subdivision of this ordinance is declared separable from every other section or subdivision. If any section or subdivision is held to be invalid by competent authority, no other section or subdivision shall be invalidated by such action or decision.

(Amended by Ord. No. 2008-10, adopted March 24, 2008)