This Chapter shall be known and may be cited as the Zoning Ordinance of the City of Wayzata, except as referred to herein, where it shall be known as "this Ordinance."

This is an ordinance 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, forestry, soil conservation, water supply conservation, conservation of shorelands, flood control and other purposes and establishing standards and procedures regulating such uses.

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 Ordinance; provide for amendments hereto; and provide for official recording of this Ordinance and all amendments hereto.

It is the policy of the City of Wayzata that the enforcement, amendment, and administration of this Ordinance 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 City Council of the City. The Council recognizes the City Comprehensive Plan as the policy to regulate land use and development in accordance with the policies and purpose herein set forth.

A.

More Restrictive Provisions to Govern. Where the conditions imposed by any provisions of this Ordinance 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 Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

C.

Conformity with this Ordinance. 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 Ordinance and without a building permit being issued when required by this Ordinance.

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 Ordinance.

E.

Non-Reduction of Yards or Lots. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

F.

Regulation Application. In their 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 Ordinance are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall be controlling.

G.

Neighborhood Notification and Meeting Policy. The City may adopt and amend from time to time a policy on neighborhood notification and meetings for applications made under this Ordinance, which shall apply in addition to the requirements of this Ordinance.

(Ord. 807 [8-26-2021])

Any established use or building legally existing prior to the establishment of this Ordinance and which now classified as a conditional use may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use, or any other subsequently approved conditional use, shall however, require a new conditional use permit be processed according to this Ordinance.

For the purpose of this Ordinance, 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 responsibility of the applicant to insure that these markers are maintained in good condition during and following construction and development. All section, one-fourth section and 1/16 section corners shall be duly described and tied.

Whenever in any zoning district a use is neither specifically allowed nor denied, the use shall be considered prohibited. In such cases, the City 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 City Council, Planning Commission or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to this Ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the City.

It is hereby declared to be the intention of the City that the several provisions of this Ordinance are separable in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance 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.

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

This Ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minn. Stats. §§ 462.351 to 462.363.

The Council intends this Ordinance to be a comprehensive revision to Chapter 801 of the City Code and all other ordinances inconsistent with this Ordinance, as amended. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment.