This title shall be known and may be cited as the ZONING ORDINANCE OF THE CITY OF MOORHEAD. (Ord. 2004-40, 1-3-2005)

This title is for the purpose of promoting and protecting the public health, safety and general welfare, by regulating the location, size of buildings and other structures; the percentage of 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 and other purposes and establishing standards and procedures regulating such uses. (Ord. 2004-40, 1-3-2005)

To protect the public, such provisions are intended to provide for adequate light and air, safety from fire and other danger; prevent undue concentration of population; provide ample parking facilities; regulate the location and operation of businesses, industries, dwellings and buildings for other specified purposes; preserve property values by providing for orderly and compatible development of the various land uses; encourage energy conservation and the use of renewable energy resources; provide for administration of this title; provide for amendments hereto; and provide for official recording of this title and all amendments hereto. (Ord. 2004-40, 1-3-2005)

It is the policy of the city that the enforcement, amendment and administration of this title be accomplished with due consideration of the recommendations contained in the city comprehensive plan as developed and amended, from time to time, by the planning commission and council. The council recognizes the city comprehensive plan as the policy for regulating land use and development in accordance with the policies and purpose herein set forth. (Ord. 2004-40, 1-3-2005)

It is the policy of the city that the enforcement, amendment and administration of this title be accomplished with due consideration of the recommendations contained in the city's growth area plan, as applicable, and as developed and amended, from time to time, by the planning commission and council. (Ord. 2004-40, 1-3-2005)

   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 other 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 public health, safety and general welfare.

   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. 2004-40, 1-3-2005)

Whenever in any zoning district a use is neither specifically permitted nor denied, 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 the determination as to conditions and standards relating to 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 within the city. (Ord. 2004-40, 1-3-2005)

Any established use or building legally existing prior to the establishment of this title and which is now classified as a provisional or conditional use may be continued in like fashion and activity and shall automatically be considered as having received provisional or conditional use permit approval. Any change to such a use, or expansion of such use, shall, however, be required to meet those standards as specified within this title. (Ord. 2004-40, 1-3-2005)

All international, federal, state, county and other official monuments, benchmarks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the property owner to ensure that these markers are maintained in good condition during and following construction and development. All sections, one-fourth (1/4) section and one-sixteenth (1/16) section corners shall be duly described and tied. (Ord. 2004-40, 1-3-2005)

It is hereby declared to be the intention of the city that the several 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. 2004-40, 1-3-2005)

The council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning applications, building permits, variances, provisional or conditional uses, appeals and other matters pertaining to this title. The schedule of fees shall be posted as appropriate and may be altered or amended only by the council.

No rezoning, building permit, provisional or conditional use or variance shall be issued or granted unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the board of adjustment and appeals or planning commission until charges and fees have been paid in full. (Ord. 2004-40, 1-3-2005)

This title is enacted pursuant to the authority granted by the municipal planning act, Minnesota statutes sections 462.351 to 462.363. (Ord. 2004-40, 1-3-2005)