This chapter shall be known as the "Breckenridge
Zoning Ordinance" except as referred to herein, where it shall be
known as "this chapter."
A.
The intent of this chapter is to protect the public
health, safety and general welfare of the community and its people
through the establishment of minimum regulations governing development
and use.
B.
This chapter shall divide the city into use districts
and establish regulations in regard to location, erection, construction,
reconstruction, alteration and use of structures and land. Such regulations
are established to:
(1)
Protect such use areas.
(2)
Promote orderly development and redevelopment.
(3)
Provide adequate light, air and convenience of access
to property.
(4)
Prevent congestion in the public right-of-way.
(5)
Prevent overcrowding of land and undue concentration
of structures by regulating land, buildings, yards and density of
population.
(6)
Provide for compatibility of different land uses.
(7)
Provide for administration of this chapter.
(8)
Prescribe penalties for violation of such regulations.
(9)
Define powers and duties of the city staff, the Board
of Zoning Adjustments and Appeals, the Planning Commission and the
City Council.
It is the policy of the City of Breckenridge
that the enforcement, amendment and administration of this chapter
be accomplished with due consideration of the recommendations contained
in the Comprehensive Municipal Plan as developed and amended from
time to time by the Planning Commission and City Council of the city.
The Council recognizes the Comprehensive Municipal Plan as the policy
for responsibility to regulate land use and development in accordance
with the policies and purpose herein set forth.
Where the conditions imposed by any provisions
of this chapter are either more or less restrictive than comparable
conditions imposed by another ordinance, rule or regulation of the
city, the ordinance, rule or regulation which imposes the more restrictive
condition, standard or requirement shall prevail.
In their interpretation and application, the
provisions of this chapter shall be held to the minimum requirements
for the promotion of the public health, safety and welfare.
No structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure shall be used for any purpose
nor in any manner which is not in conformity with the provisions of
this chapter.
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
chapter.
Whenever in any zoning district a use is neither
specifically permitted nor denied, the use shall be considered prohibited.
In such case 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 chapter 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 chapter are separable
in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter not specifically included
in said judgment.
B.
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter to a particular
property, building or other structure, such judgment shall not affect
the application of the provisions of any other property, building
or structure not specifically included in said judgment.
This chapter is enacted pursuant to the authority
granted by the Municipal Planning Act, M.S.A. § 462.351
et seq., as may be amended.
The Council intends this chapter to be a comprehensive
revision to Ordinance No. 259.01 of the city, as amended. Except as
otherwise provided herein, the provisions of this chapter are not
intended to alter, diminish or increase or otherwise modify any rights
or liabilities existing on its effective date. Any act done, offense
committed or rights accruing or accrued, or liability, penalty incurred
or imposed prior to the effective date of this chapter is not affected
by its enactment.
Ordinance 259.01 as amended of the City of Breckenridge
is hereby repealed.
