This title shall be known as the CITY OF ROSEMOUNT ZONING ORDINANCE except as referred to herein as "this title." (Ord. 2024-04, 6-4-2024)

   A.   It is the purpose of this title to protect and promote public health, safety and general welfare, which may be met through the following objectives:

      1.   To assist in the implementation of the city of Rosemount comprehensive plan upon which this title is based.

      2.   To promote the orderly development and compatibility of residential, commercial, industrial, agricultural, recreational and public uses.

      3.   To promote the orderly transition of rural to urban uses.

      4.   To prevent the premature extension of city utilities and services.

      5.   To prevent overcrowding of the land and structures.

      6.   To prevent congestion in public rights-of-way.

      7.   To protect natural resources in the city and promote reforestation and the replacement of other replenishable resources.

      8.   To promote agricultural preservation.

      9.   To promote a safe, effective pedestrian and vehicular circulation system. (Ord. 2024-04, 6-4-2024)

   A.   The effective date of this title is June 5, 2024. This title hereby supersedes and replaces in its entirety, Title 11 of the Rosemount, Minnesota Code on the effective date hereof. The provisions of this title shall apply to all development plans and permits filed on or after the effective date. Plans on file before the effective date shall be reviewed for compliance with the Zoning Regulations title effective at the time of filing.

   B.   The authority to adopt this title within the City of Rosemount is derived from M.S. Chapter 462, including but not limited to M.S. §§ 462.357 and 462.358, as well as other applicable state statutes and rules. Whenever other applicable city, state, or federal laws or rules referenced in this title have been amended or superseded, this title shall also be considered amended accordingly. (Ord. 2024-04, 6-4-2024)

   A.   If any section, clause, provision, or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby.

   B.   If any application of this title to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment. (Ord. 2024-04, 6-4-2024)

   A.   Zoning Administrator:

      1.   This title shall be administered and enforced by the Zoning Administrator who shall be appointed by the Council. The Zoning Administrator may delegate specific responsibility to any individual city employee, but shall remain responsible for all decisions made by those employees. The Zoning Administrator shall also maintain current and permanent records of this title, including, but not limited to, conditional uses, variances, amendments, and appeals. (Ord. 2024-04, 6-4-2024)

   A.   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, morals and general welfare.

   B.   Relationship To Comprehensive Plan:

      1.   The Comprehensive Plan for the City of Rosemount or "comprehensive plan," including amendments adopted by the City Council, is the guiding policy document for the city. A primary intent of this title is to implement the policies, goals and actions of the comprehensive plan while remaining consistent with all applicable requirements of federal and state laws.

   C.   Conflicting Regulations Or Provisions:

      1.   In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Wherever this title imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this title shall govern except as otherwise provided in state statutes or rules.

   D.   Abrogation And Greater Restrictions:

      1.   It is not intended by this title to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title imposes greater restrictions, the provisions of this title shall prevail. All other ordinances inconsistent with this title are hereby repealed to the extent of the inconsistency only.

   E.   Use Of Graphics, Illustrations, Figures, Photos, And Cross-References:

      1.   Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.

      2.   In some instances, cross-references between titles, chapters, sections, and subsections are provided that include the title, chapter, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.

   F.   Rules Of Construction:

      1.   Clarification on the provisions of this title or questions on the procedures or applicability of this title should be directed to the community development department or other city departments as may be appropriate. Further clarification or interpretation of this title shall be accomplished according to the procedures of the board of appeals and adjustments as set forth in section 11-9-7 "Appeals" of this title.

      2.   For additional clarity and consistency in the understanding and application of this title the following shall apply:

         a.   Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically noted.

         b.   Grammatical use or references made in the singular shall include the plural and the plural shall include the singular, unless such use or reference is otherwise specifically stated.

         c.   Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present.

         d.   The word "shall" is used to mean mandatory; whereas, the word "may" is permissive and does not imply obligation. (Ord. 2024-04, 6-4-2024)

No structure, or part thereof, shall be erected, converted, enlarged, reconstructed, altered or moved and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this title. (Ord. 2024-04, 6-4-2024)

   A.   Purpose:

      1.   This section is established in recognition of the existence of uses, structures, site improvements, and lots which were lawfully established but which do not currently comply with the provisions of this title or subsequent amendments. It is further established to specify the requirements, circumstances, and conditions under which nonconforming uses, structures, site improvements, and lots will be operated and maintained and to encourage actions that bring non- conformities into conformity with this title.

   B.   Continuance Of Nonconforming Uses And Structures:

      1.   Any nonconformity, including the lawful use or occupation of land or structures existing at the time of the adoption hereof, may be continued through repair, replacement, restoration, maintenance, or improvement but not through expansion, unless:

         a.   The nonconformity or occupancy is discontinued for a period of more than one (1) year; or

         b.   Any nonconforming use or structure is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit to mitigate any newly created impact on adjacent property.

      2.   Any subsequent use or occupancy of the land or structures shall be a conforming use or occupancy.

   C.   Expansion Of Nonconforming Uses And Structures:

      1.   No nonconformity may be added to or enlarged in any manner unless such additions or enlargements are made so as to bring said use or structure into conformity with the regulations of the zoning ordinance.

   D.   Conditions:

      1.   The city may, by ordinance, impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.

   E.   Nonconforming Lots Of Record:

      1.   Multiple lots or parcels of record shall be considered a single undivided parcel if such lots or parcels:

         a.   Are under common ownership;

         b.   Are contiguous; and

         c.   Do not meet the area or dimensional standards for the applicable zoning district.

      2.   No portion of such single parcels may be used, sold, or subdivided in a manner that lessens compliance with applicable area or dimensional standards. (Ord. 2024-04, 6-4-2024)

   A.   Purpose: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification of an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this chapter to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota municipal planning act, Minn. Stat. chapter 462.

   B.   Official Map Defined: "Official map" as used in this chapter means a map adopted in accordance with this chapter showing existing streets, proposed future streets, and the area needed for widening of existing streets of the city. An official map may also show the location of existing and future land and facilities within the city. An official map may cover the entire city or any portion of the city.

   C.   Initiation Of Proceedings: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by:

      1.   The city's planning department;

      2.   A recommendation of the planning commission; or

      3.   Action by the city council.

   D.   Sketch Maps And Reports: Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served.

   E.   Reference To Planning Commission: Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within forty-five (45) days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council from the planning commission within forty-five (45) days after reference of the proposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission.

   F.   Notice And Hearing:

      1.   Notice: Upon receiving the recommendation of the planning commission or after forty-five (45) days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing, the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice, the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings.

      2.   Hearing: At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council.

   G.   Preparation And Filing of Maps: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates, together with an attached copy of the ordinance, shall be filed with the county recorder.

   H.   Effect: After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this chapter. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or public purposes, or outside of any building line that may have been established upon the existing street. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit.

   I.   Appeals: Whenever a building permit is denied pursuant to this chapter, the board of appeals and adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it: a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or b) that balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the board authorizes the issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other authority, board or commission having jurisdiction shall have six (6) months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances.

   J.   Adoption Of Maps: Language for adoption of official maps shall be as follows:

      1.   ADOPTION OF MAP [fill in description]: The map entitled "Official Map of                             ", a copy of which is attached to Ordinance No.       and incorporated herein by reference, is hereby adopted and designated as the Official Map of                             . (Ord. 2024-04, 6-4-2024)