This Ordinance shall be known, cited and referred to as the "St. Francis Zoning Ordinance" except as referred to herein, where it shall be known as "this Ordinance."

The purpose and intent of this Ordinance is adopted for the intent and purpose to:

A.

Protect the public health, safety, morals, comfort, convenience and general welfare.

B.

Promote orderly development of the residential, commercial, industrial, recreational and public areas.

C.

Conserve the natural and scenic beauty and attractiveness of the City.

D.

Conserve and develop the natural resources in the City.

E.

Provide for the compatibility of different land uses and the most appropriate use of land throughout the City.

F.

Divide the area in the City into zones and districts regulating therein the location, construction, reconstruction, alteration and use of structures and land.

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

A.

The word "building" includes structure and dwelling.

B.

The word "person" includes an individual, corporation, co-partnership, and association.

C.

The word "shall" is mandatory, and the word "may" is permissive.

D.

All measured distances expressed in feet shall be to the nearest twelfth of a foot.

E.

In the event of conflicting provisions, the more restrictive provisions shall apply.

A.

This Ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Sec. 462.351 to Sec. 462.363, as well as other applicable State statutes and rules.

B.

Whenever Minnesota Statutes, Ch. 462 or other applicable State or local laws or rules referenced in this Ordinance have been amended or superseded, this Ordinance shall also be considered amended accordingly.

C.

The effective date of this Ordinance is March 19, 2021. This Ordinance hereby supersedes and replaces in its entirety, Chapter 10 of the St. Francis, Minnesota Code on the effective date hereof.

1.

The provisions of this Ordinance shall apply to all Development Plans (general, revised, or final) filed on or after March 19, 2021. Plans on file before March 19, 2021 shall be reviewed for compliance with the Zoning Ordinance effective at the time of filing.

2.

The provisions of this Ordinance shall apply to all permits filed on or after March 19, 2021. Permit applications on file before March 19, 2021 shall be reviewed for compliance with the Zoning Ordinance effective at the time of filing.

A.

No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose which is not in conformity with the provisions of this Ordinance.

B.

In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare.

It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, whenever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.

A.

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

B.

If any application of this Ordinance 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.

C.

The City does not guarantee, warrant, or represent that only those areas designated as flood lands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the City of St. Francis, its agencies, or employees for any flood damages, sanitation problems, or structural damages that may occur as a result of reliance upon and conformance with this Ordinance.

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

In their interpretation and application, the provisions of this Ordinance shall be held to minimum requirements. Wherever this Ordinance 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 Ordinance shall govern except as otherwise provided in State statutes or rules.

A.

If any provision of this Ordinance is determined to be ambiguous, this Ordinance shall be interpreted in conformance with Minnesota law and in conformance with the expressed legislative purpose and intent. To this end, the following shall be determined:

B.

The public purpose of the standard with respect to which an interpretation is required.

C.

The actual impact of a proposed interpretation.

D.

The proposed interpretation will protect the health, safety, and general welfare of the community.

A.

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.

B.

In some instances, cross-references between chapters, divisions, parts, and sections are provided that include the chapter, division, part, or section 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.

A.

The Zoning Administrator shall be appointed by the City Council. The Zoning Administrator may delegate specific responsibility to any individual City employee, but shall remain responsible for all decisions made by those employees; herein, any reference to the "Zoning Administrator" also applies to those specifically delegated by the Zoning Administrator.

B.

The Zoning Administrator shall administer, interpret, and enforce the provisions of this Ordinance and shall perform the following duties:

1.

Maintain permanent and current records of this Ordinance, including, but not limited to, all maps, amendments, conditional uses, variances, appeals, and applications therefore; and

2.

Institute, in the name of the City, any appropriate actions or proceedings against a violator, as provided by law.

A.

Planning and Zoning Commission.

1.

The Planning and Zoning Commission shall provide assistance to the City Council and Zoning Administrator in the administration of this Ordinance and the recommendation of the Planning and Zoning Commission shall be advisory in nature. Specifically, the Planning and Zoning Commission shall review, hold public hearings and make recommendations to the Council on all applications for zoning amendments, variances and conditional use permits using the criteria in this Ordinance.

2.

The Planning and Zoning Commission shall periodically prepare and file with the City Council a report on the operations of this Ordinance, as amended, including, when necessary, recommendations as to the enactment of amendments or supplements thereto.

B.

City Council. The City Council, the governing body of the City, taking into consideration the recommendations by the Planning and Zoning Commission, has ultimate authority to:

1.

Make changes and amendments in zoning districts, the zoning map and supplementary floodplain zoning map, and to amend the text of this Ordinance.

2.

Make decisions on the approval of Conditional Use Permits and Interim Use Permits.

3.

Serve as the Board of Adjustment to make decisions on the approval of Variances.

C.

Board of Adjustment.

1.

A Board of Adjustment is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Ordinance.

2.

The City Council shall serve as a Board of Adjustment. The Board shall have the powers and duties as set forth in Minnesota Statutes, Sec. 462.357, Subd. 6, and Sec. 462.359, Subd. 4.

3.

The Board of Adjustment shall have the power to vary or adapt the strict application of any of the requirements of this Ordinance in exceptional cases where strict application would result in practical difficulty depriving the owner of the reasonable use of his or her land or building involved, but in no other uses except as specifically described.

In order to classify, regulate and restrict the location of trade and industry, and the location of buildings designated for specific uses, to protect residential uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards and open space within and surrounding such buildings, the City is hereby divided into zoning districts. The use, height and area regulations shall be uniform in each district, and said districts shall be known as:

A.

Base Zoning Districts:

1.

Agricultural Districts:

a.

A-1, Permanent Agriculture District.

b.

A-2, Rural Estate Agriculture District.

c.

UR Urban Reserve District.

2.

Residential Districts:

a.

RR, Rural Residential District.

b.

R-1, Urban Low Density Detached Residential District.

c.

R-2, Medium Density Detached and Attached Residential District.

d.

R-3, High Density Residential District.

3.

Business and Industrial Districts:

a.

B-1, Central Business District.

b.

B-2, General Business District.

c.

BPK, Business Park District.

d.

I-1, General Industrial District.

e.

I-2, Isolated Industrial District.

B.

Overlay Zoning Districts:

1.

PUD, Planned Unit Development District.

2.

FP, Floodplain Overlay District.

3.

RRM, Rum River Management District.

Zoning district boundary lines established by this Ordinance generally follow lot lines, the center lines of railroad rights-of-way, street rights-of-way, watercourses or the corporate limit lines, all as they exist upon the effective date of this Ordinance.

A.

All questions concerning the exact location of district boundary lines shall be determined by the Zoning Administrator. An appeal of the Zoning Administrator's interpretation of district boundary lines can be made to the City Council serving as the Board of Zoning Appeals pursuant to Part 10-31-07 of this Ordinance.

B.

When a single parcel or tax parcel is split into multiple zoning designations, the parcel shall follow the current approximate lines as drawn on the official zoning map or shall be rezoned to conform to a more exact zoning proposal.

C.

Whenever any street, alley or other public way is vacated by official action by the City, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

D.

All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting upon such alleys, streets, public ways or railroad rights-of-way. Where the center line of a street, alley, public way or railroad rights-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

E.

All areas within the corporate limits of the City which are under water and which are not shown as included within any zone shall be subject to all regulations of the zone which immediately adjoins such water area. If such water area adjoins two (2) or more zones, the boundaries of each zone shall be construed to be extended into the water area in a straight line until they meet the other district at the halfway point and/or to the corporate limits.

A.

The location and boundaries of the districts established by this Ordinance are hereby set forth on the zoning map entitled St. Francis Zoning Map.

B.

Said Map shall be on file with the Zoning Administrator, and hereinafter referred to as the "Zoning Map."

C.

Said map and all the notations, references; and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this Ordinance by reference.

D.

It is the responsibility of the Zoning Administrator to maintain the St. Francis Zoning Map, and amendments thereto shall be recorded on said Map.

E.

The Official St. Francis Zoning Map shall be kept on file in the City Hall.

All territory hereafter annexed to the City which is not shown on the Zoning Map shall automatically, upon annexation, be classified within the A-2, Rural Estate-Agriculture District and shall be subject to all regulations, notations, references and conditions as are applicable to said District until such time that a determination may be made as to the proper district classification for such territory and an amendment can be made to that effect.

It is the purpose of this Section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of the Zoning Ordinance that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Ordinance that all non-conforming uses and structures shall be eventually brought into conformity.

A.

Continuance of Existing Uses and Buildings: Any established use or building legally existing prior to the effective date of this Ordinance may, regardless of ownership, be continued in like fashion and activity and shall automatically be considered as having received the required approval at the time of its establishment.

B.

Moving Non-Conforming Buildings: Subject to Section 10-41-10 of this Ordinance, no non-conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted prior to the effective date of this Ordinance, hereof unless such movement shall bring the non-conformance into substantially closer compliance with the requirements of this Ordinance.

C.

Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming non-conforming.

A.

Effective Date. Except as provided in Section 10-15-02 of this Ordinance, the legal use of buildings or land existing on the effective date of this Ordinance, which do not conform to the provisions of this Ordinance may be continued at the same size and in the same manner of operation; provided, however, that no such non-conforming use of land shall be enlarged or increased, nor shall any such non-conforming use be expanded to occupy a greater area of land than that occupied by such use at the time of the adoption of this Ordinance, nor shall any such non-conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this Ordinance.

B.

Changes to Non-Conforming Uses:

1.

When a legal, non-conforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

2.

A legal, non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity.

3.

In cases of non-conformities not addressed by Section 10-15-04 of this Ordinance, legal, non-conforming single-unit and two-unit units may be improved to maintain the livability of the dwelling, provided the structure is not expanded.

C.

Discontinuance. In the event a non-conforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the regulations of the district in which it is located. If a non-conforming use is interrupted or prevented from operating because of governmental action, such as road construction, that period shall not be deemed as discontinuance of the non-conforming use.

A.

Proposed Structures. Any proposed structure which will, under this Ordinance, become non-conforming but for which a building permit has been legally granted prior to the effective date of this Ordinance, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this Ordinance, is not abandoned for a period of more than 120 days, and continues to completion within two (2) years. Such structure shall thereafter be a legally non-conforming structure.

B.

Restoration:

1.

Any legal, non-conforming building or structure which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than 50 percent of its fair market value, as determined by the Building Official, shall not be restored, except in conformity with the regulations of this Ordinance, and as specifically provided in Item 2, below.

2.

Except as otherwise provided by this Ordinance or State Statutes, any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this Ordinance, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

a.

The nonconformity or occupancy is discontinued for a period of more than one year.

b.

The non-conforming use or structure is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged.

3.

Any subsequent use, building or structure not meeting the standards established in Items 1 and 2, above, shall be only occupied in a conforming manner.

C.

Alterations. Alteration and normal maintenance to a legal non-conforming building or structure may be made through the building permit process provided:

1.

The alterations do not expand the foundation and/or building volume, unless specifically allowed by this Ordinance.

2.

The alterations do not increase the building occupancy capacity or parking demand.

3.

The alteration does not increase the non-conformity of the building or the use.

D.

Expansion of Non-Conforming Single Unit Homes. Non-conforming single unit homes may be expanded in a manner compliant with all standards of this ordinance.

A.

Vacant Lots. Except in environmental protection districts, legal, non-conforming, vacant lots of record may be developed for single unit detached dwellings upon approval of an administrative permit, provided that:

1.

The lot in question was legally established in accordance with city code requirements existing at the time of its creation and is a separate, distinct tax parcel.

2.

The lot is properly zoned for single-unit residential land uses.

3.

The lot area and/or width meet minimum requirements or are within 70 percent of the requirement of the applicable zoning district.

4.

The lot in question has frontage on and will directly access an improved public street.

5.

The setback and yard requirements of the base zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the City's Comprehensive Plan and this Ordinance.

B.

Developed Lots. An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Ordinance.