This Ordinance shall be known as the “Zoning Ordinance of the City of New Ulm, Minnesota” and is known, cited and referred to herein as “this Ordinance”.

This Ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.364 as amended.

1. This Ordinance is adopted for the following purposes:
   1. To implement the policies of the City’s Comprehensive Plan.
   2. To protect the public health, safety, aesthetics, economic vitality, comfort and general welfare of the community and its inhabitants.
   3. To promote orderly development and redevelopment, and the proper use of land and structures throughout the City through the establishment of reasonable standards.
   4. To protect the stability and character of established use areas and promote the orderly and beneficial development of those areas.
   5. To preserve, protect, perpetuate and allow the use of areas, places, structures and other objects having special historical interest and value to the City.
   6. To protect and preserve the natural resources and features of the City.
   7. To provide for the compatibility of different land uses.
   8. To provide adequate light, air, privacy, and convenience of access to property.
   9. To provide for the safe and efficient circulation of all modes of transportation, and the avoidance of congestion within the public right-of-way.
   10. To prevent the overcrowding of land and undue concentration of structures and population.
   11. To establish adequate provisions for transportation, water, sewage, storm drainage, schools, parks, playgrounds and other public services, facilities and utilities.
   12. To protect against fire, flood, explosion, noxious fumes, pollution of the environment and other hazards in the interest of public health, comfort and general welfare.
   13. To provide for the administration of this Ordinance including the powers and duties of the administrative offices and bodies, procedures and standards for land use approvals, and procedures for enforcement.
2. In their interpretation and application, the provisions of this Ordinance shall be held as the minimum requirements for the protection of public health, safety and welfare.
   

This Ordinance shall be effective on and after _________________. The adoption of this Ordinance shall not be construed to confer any protected legal status on uses in existence prior to the effective date that did not conform to previous ordinance provisions. Uses that were illegal under previous ordinance provisions shall not be converted to a legal nonconforming use by reason of adoption of this Ordinance.

This Ordinance is applicable to all land located within the City both now and as may be incorporated in the future. The use of land and buildings or structures, and the construction, reconstruction, alteration, expansion, or relocation of buildings or structures shall conform to the provisions of this Ordinance.

It is the policy of the City of New Ulm that the Comprehensive Plan is the City’s guiding document for the regulation of land use and development. The enforcement, amendment and administration of this Ordinance is to be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the Planning Commission and the City Council of the City.

1. Conflict with Other Public Laws, Ordinances, Regulations or Permits.
   1. This Ordinance is intended to complement other municipal, state and federal regulations that affect land use. This Ordinance is not intended to revoke or repeal any other public law, ordinance, regulation or permit.
   2. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall apply.
   3. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Ordinance, the provisions of that statute, other ordinance or regulation shall apply.
2. Conflict with Private Agreements.
   1. The existence of any easement, covenant or other private agreement with respect to property affected by this Ordinance shall not affect the duty of any interested person to comply with this Ordinance.
   2. The City shall have no obligation to waive or modify the requirements of this Ordinance to conform to private agreements, nor shall it be obligated to enforce such agreements.
3. Conflict Between Standards in This Ordinance.
   1. Controlling Standards. In the event of conflict between one or more of the standards in this Ordinance, priority shall be established based on the following descending hierarchy:
      1. Overlay Zoning District Requirements;
      2. Base Zoning District Requirements;
      3. Section 13.2, Rules; and
      4. Chapter 10, Development Standards.
         
      (Example: if an overlay district standard conflicts with a base district standard, the overlay district standard shall control and take precedence).
4. Conflicts Between Other Standards. In cases where two or more standards conflict within the same hierarchy category identified in Section 1.7(C)(1) above, the more restrictive standard shall not necessarily control (for example, if two overlay zoning district requirements conflict, this Section shall apply). The determination as to which standard applies shall be made by the Community Development Department. The following standards shall govern the Community Development Department and the Planning Commission in issuing use interpretations:
   1. Greater consistency with the goals and objectives contained within the adopted Comprehensive Plan;
   2. More supportive of the purposes of this Ordinance as described in Section 1.3, Purpose and Intent;
   3. Increased compatibility with adjacent development and surrounding community character;
   4. Enhanced environmental quality and natural resource protection;
   5. Greater protection and preservation of historic and cultural resources; and
   6. A superior level of building form, design or architecture.
      

1. Purpose. The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, at the time of the adoption of this Ordinance.
2. Violations Continue. Any violation of previous versions of this Ordinance shall continue to be a violation under this Ordinance and shall be subject to the penalties and enforcement set forth in Section 12, Enforcement; unless the use, development, construction or other activity complies with the provisions of this Ordinance.
3. Uses, Structures and Lots Rendered Nonconforming. Where any use, building, structure or lot that legally existed on the effective date of this Ordinance does not meet all standards set forth in this Ordinance, such use, building, structure or lot or parcel shall be subject to the requirements of Chapter 11, Nonconformities.
4. Existing Legal Nonconformities. Legal nonconforming lots of record and uses that existed on the effective date of this Ordinance shall be controlled by Chapter 11, Nonconformities.
5. Processing of Applications Commenced or Approved Under Previous Ordinances.
   1. Pending Application.
      1. Any complete application that has been submitted or accepted for review, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Ordinance, shall be reviewed in accordance with the provisions of ordinances in effect on the date the application was deemed complete by the City.
      2. An applicant with a pending application may waive the review available under the prior ordinances through a written letter to the Community Development Department, and instead request review under the provisions of this Ordinance.
   2. Approved Projects.
      1. Approved land use and other related actions by the City of New Ulm authorized under prior ordinances, including Building Permits that are valid on the effective date of this Ordinance, shall remain valid until their expiration date, where applicable.
      2. Projects with valid approvals or permits shall comply with the requirements of this Ordinance where the standards will not materially affect the project. Where use of these standards would materially affect the project, the project shall be completed pursuant to the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed.
      3. Any building or development for which a Building Permit was granted prior to the effective date of this Ordinance shall be permitted to proceed as permitted or approved, even if such building or development does not conform to the provisions of this Ordinance, as long as the Building Permit remains valid.
      4. Building permits authorized in accordance with the ordinances existing prior to the effective date of this Ordinance shall still be valid, but shall not be renewed if the permit expires. All future permits shall only be issued if in compliance with the requirements of this Ordinance.
         

1. If any court of competent jurisdiction invalidates any provision of this Ordinance, then such judgment shall not affect the validity and continued enforcement of any other provision of this Ordinance.
2. If any court of competent jurisdiction invalidates the application of any provision of this Ordinance to a particular property, structure or situation, then such judgment shall not affect the application of that provision to any other property, structure or situation not specifically included in that judgment.
3. If any court of competent jurisdiction rules invalid any condition attached to an approval under this Ordinance, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
4. Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission or board considered such condition or limitation necessary to carry out the spirit and intent of this Ordinance, and that the officer, commission or board would not have granted the authorization to which the condition or limitation pertained, except in the determination that the condition or limitation was lawful.
5. No judgment of any court of competent jurisdiction shall be considered final until all appeals therefore have been exhausted.