The purpose of this article is to provide the means of designing building complexes containing an internal relationship between building and building, and between building and site that cannot be accomplished through the standard application of this chapter. This article provides a procedure for the development of more than one structure upon a single tract or lot, as well as the integrated development of one or more lots as a single tract in residential, commercial or industrial districts. The planned unit development (referred to as "PUD" in this article) is intended for use only where the usual application of bulk and density controls:

(a)

Usual standards would not provide adequate environmental protection.

(b)

Usual standards would allow design standards detrimental to the natural aesthetic and physical characteristics of the site;

(c)

Usual standards would not provide an efficient and feasible use of the land.

(Ord. of 2-28-2012)

The applicant for a PUD shall file a land use development application for the conditional use permit at the office of the zoning administrator and simultaneously follow Chapter 20, pertaining to subdivisions to secure both preliminary and final design approval from the planning commission and the board of commissioners. The application shall state the reasons for requesting the PUD.

(Ord. of 2-28-2012)

(a)

Generally. All other development regulations of the appropriate land use district not specified in this article or specified as a condition to the conditional use permit shall apply to a PUD. It is the intent of this article that subdivision of the land involved (residential, commercial or industrial) be carried out simultaneously with the review of a PUD.

(b)

Open space and common area. The land which is to be set aside as open space or common area shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the county shall be required.

(c)

Conveyance of property. No conveyance of property within the PUD shall take place until the property is platted in conformance with the provisions of this article and applicable to Chapter 20. All bylaws, property owners' association articles of incorporation and protective covenants must be approved by the county attorney and filed with the record plat.

(d)

Use of structures. All buildings shall be used only for those purposes and the customary accessory uses of the land use district in which the PUD is located.

(e)

Parking and access. There is to be provided within the tract, or immediately adjacent thereto, parking spaces in private garages or off-street parking areas in accordance with the requirements of section 24-310. Drives and common parking areas must be developed to a standard equal to that required for public use by Sec. 24-310, and must be protected by recorded deed covenants assuring their availability to all residents of the project.

(Ord. of 2-28-2012)

(a)

Intent. It is the intent of this section to allow for flexibility in the conversion of existing common interest communities, resorts and other similar prezoning ordinance developments. Conversion of such developments from privately owned structures on leased or rented land, or the division of several commonly owned structures on a single parcel of land to individually owned parcels containing separate structures, shall be pursuant to all requirements of Minn. Stats. chs. 515A and/or 515B, as applicable. Conversion of manufactured home parks shall be subject to all additional requirements of Minn. Stats. ch. 327C, park closings.

(b)

Development density. The area of the parcel being subdivided and the location of existing structures shall limit the density of the existing development. The developer shall make every effort to minimize the degree of nonconformity with existing lot and area requirements. Lot lines shall be arranged to provide the largest possible setbacks between structures which will become the main buildings on newly created parcels. Outbuildings shall be moved/removed when and where possible to create the lowest, most uniform density possible. Particular attention shall be paid to the intensity of development in relationship to the required space to provide for adequate wastewater treatment, potable drinking water, and compliance with applicable health, safety and fire regulations.

(c)

Integrated plan. To the extent possible, the common open space, any other common properties, individual properties, and all other elements of the PUD shall be so planned that they will achieve a unified scheme of integrated planning and a harmonious selection and efficient distribution of uses.

(d)

Bulk and density controls.

(1)

Minimum size of development: five acres.

(2)

Height of main building: 35 feet.

(3)

Setback from any dedicated public right-of-way: 25 feet.

(4)

Distance between main building and any adjoining side yard property line: ten feet.

(5)

Distance between any accessory building and any adjoining property line: five feet.

(6)

Distance between main building and adjoining rear yard property line: 25 feet.

(e)

General standards.

(1)

The conversion of eligible types of developments shall be subject to a conditional use permit granted by the board of commissioners subsequent to public hearings required by Minn. Stats. ch. 394. The conversion of the planned or common interest community shall be as a planned unit development.

(2)

Common interest communities shall meet minimum guidelines established by the 1995 Common Interest Community Plat Manual, adopted by the Minnesota Society of Professional Surveyors and Minnesota Association of County Surveyors. Such plat manual and subsequent amendments shall be adopted by reference and shall become part of this chapter. CIC plats, declarations, covenants, and other materials associated with the development, shall be recorded in the county land records department, after approval by the board of commissioners.

(3)

The CIC process may not be utilized to create new vacant lots for building purposes. Only parcels upon which a structure has been erected may be created for transfer to private ownership.

(4)

Conditions attached to the conditional use permit shall be carefully considered and shall be designed to protect the public health, safety and welfare. Conditions may limit use of property to existing use, limit future expansion or intensification of use, density, lot coverage and building bulk. Conditions may require repair or removal of buildings and may establish a timetable for the same. Conditions may require restrictions on landscaping and/or removal of vegetation and establishment of vegetative screening, where needed. Conditions may include restrictions on colors of structures, and/or may require repainting of existing structures to neutral colors which blend into the surrounding natural environment.

(5)

The planning commission shall consider the development as a whole relating to the provision of water and sewer in cases where lots are too small to provide for individual wells and on-site sewage treatment systems, and shall require connection to municipal services, where they are available. In areas where municipal services are not available, design plans shall be presented and approved for a community wastewater treatment system as an integral element of the CIC approval. A timeline to implement the approved wastewater treatment plan and/or eliminate all identified failing septic systems shall be established by the conditional use permit.

(6)

When variances from the bulk and density controls set forth in subsection (d) of this section are required, such variances shall be obtained from the county board of adjustment before the CIC is presented to the county planning commission and board of commissioners for approval. A list of necessary variances shall be provided by the surveyor or engineer preparing the CIC plat.

(7)

No planned or common interest community shall be accepted for recording by the county land records department, until approved by the board of commissioners.

(Ord. of 2-28-2012)

(a)

Development density. The number of principal use structures which may be constructed within the PUD shall be determined by dividing the net acreage of the project area by the required lot area per unit which is required in the district in which the PUD is located. The net acreage shall be defined as the project area less the land area dedicated for public streets. The project area includes all the land within the PUD which is allocated for residential, commercial or industrial uses, and for common open space as required by this article. Land to be dedicated for public streets is to be excluded from the project area.

(b)

Integrated plan. The common open space, any other common properties, individual properties, and all other elements of the PUD shall be so planned that they will achieve a unified scheme of integrated planning and a harmonious selection and efficient distribution of uses. The PUD shall be of such size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, without dependence on any subsequent development.

(c)

Bulk and density controls. Height, yard and setbacks for residential, commercial and industrial PUD's shall be regulated by the following schedule:

(1)

Minimum size of development: five acres.

(2)

Height of main building: 35 feet.

(3)

Setback from any dedicated public right-of-way: 25 feet.

(4)

Distance between main building and any adjoining side yard property line: 15 feet.

(5)

Distance between any accessory building and any adjoining property line: ten feet.

(6)

Distance between main building and adjoining rear yard property line: 25 feet.

(Ord. of 2-28-2012)

No open area may be accepted as common open space under the provisions of this article unless it meets the following standards:

(a)

The location, shape, size and character of the common open space must be suitable.

(b)

Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the PUD, considering its size, density, expected population, topography, and the number and type of structures to be provided.

(c)

Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space, having regard to its topography and unimproved condition.

(d)

The development plan must coordinate the improvements of the common open space and the construction of buildings, structures and improvements in the common open space, with the construction of the permitted structures of the land use district in which the PUD is located.

(e)

If the final development plan provides for buildings or structure improvements in the common open space, the developer must provide a bond or other adequate assurance that the buildings, structures and improvements will be completed, as provided in subsection 24-47(e). The board of commissioners shall release the bond or other assurance when the buildings, structures or improvements have been completed according to the development plan.

(f)

The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of the principal structures of the PUD.

(Ord. of 2-28-2012)

(a)

Conveyance options. All land shown on the final development plan as common open space must be conveyed under one of the following options:

(1)

It may be conveyed to a public agency to maintain the common open space and any buildings, structures or improvements which have been placed on it.

(2)

It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the PUD. The common open space must be conveyed to the trustees, subject to covenants to be approved by the planning commission and the county attorney which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which ensures its continuing use for its intended purpose. Interest in the common open space shall be undivided and such interest shall not be transferable.

(b)

Use of common open space. No common open space may be put to any use not specified in the final development plan unless the plan has been amended to permit that use. No change of use may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any permitted use are expressly reserved.

(c)

Enforcement of common open space. If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided:

(1)

The legal right to develop the common open space for any use not specified in the final development plan must be conveyed to a public agency.

(2)

The restrictions governing the use, improvement and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions.

If the common open space is not conveyed to a public agency, the enforcement of covenants governing the use, improvement and maintenance of the common open space is the responsibility of the owner and not a public agency.

(Ord. of 2-28-2012)

(a)

Generally. The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of permitted structures, accessory uses thereto and public facilities as may be necessary for the welfare of the PUD and not inconsistent with the best interest of the entire county. The applicant may be required to dedicate land for street or park purposes and, by appropriate covenants, to restrict areas perpetually (or for the duration of the planned development) as open space for common use. The development, when authorized under subsection 24-47(e), shall be subject to all conditions so imposed, and shall be exempted from other provisions of this chapter only to the extent specified in the authorization.

(b)

Guarantee the provision of common open space. As provided in subsection 24-47(e), the board of commissioners may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan will be provided. The following methods of assurance are intended as illustrative, and they may be used singly or in combination: The board of commissioners may accept a bond, corporate surety, or other guarantee, in a form which complies with the provisions of Chapter 20, pertaining to subdivisions and in an amount sufficient to purchase the common open space shown in the final development plan or alternative acreage which is equivalent in size and character.

(Ord. of 2-28-2012)

(a)

Generally. When the board of commissioners gives final approval, a certificate of occupancy shall be issued for the planned unit development even though the size of lots, depth of yards, and the required distance between grouped buildings and the building height may not conform in all respects to the regulations of the district in which the project is to be located.

(b)

Final action by applicant. The applicant shall then review his application and plan in its final approved form and sign a statement that the planned unit development plan in its final form shall be made binding on the applicant, any successors in interest and assigns.

(c)

Control of planned unit development following acceptance. All changes in use or rearrangement of lots, blocks and building tracts, any changes in the provisions of common open spaces, and all other changes in the approved final plan must be reviewed by the planning commission and approved by the board of commissioners, under the procedures authorized for the amendment of this chapter. No amendments may be made in the approved final plat unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the county.

(d)

Amendments to the final development plan. All changes in use or rearrangement of lots, blocks and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final plan must be reviewed by the planning commission and approved by the board of commissioners. No amendments may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the county.

(Ord. of 2-28-2012)

If no construction has begun or no use established in the PUD within one year from the final approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the board of commissioners may extend for one additional year the period for the beginning of construction.

(Ord. of 2-28-2012)

The purpose of this section is to provide standards for the conversion of eligible buildings, or portions thereof, to uses that may not normally be found in the underlying zoning district. Preservation of historically significant public and quasi-public buildings for adaptive reuse, may help to preserve the character of neighborhoods, and may help to conserve natural resources by using existing structures and developed property.

(Ord. of 2-25-2025(1), Att. 1)

(a)

Eligibility. A proposal for the adaptive reuse of a building shall be deemed complete if the proposal complies with the following criteria and process as determined by the county zoning administrator:

(1)

The proposed project must be an economically obsolete public or quasi-public building.

(2)

The project shall significantly preserve or restore a primary structure. No structure included in the National Register of Historic Places shall be altered to negatively impact the character or nature of the structure's historical significance.

(3)

The development proposal must not conflict with the purpose of chapter 24, zoning, as determined by the zoning administrator.

(4)

Adaptive reuse projects are for use only where the usual application of controls:

a.

Would not provide adequate environmental protection due to deterioration of an existing structure.

b.

Would allow design standards detrimental to the natural aesthetic and physical characteristics of the site.

c.

Would not provide an efficient and feasible use of the property.

(5)

A transfer of development rights is required for any multiple family dwelling proposed with the project in the agricultural and conservation district if a development right is not available.

(b)

Application requirements.

(1)

Applicants shall provide a draft development proposal to the zoning administrator with the required content as specified in this section of ordinance for review. A pre-application meeting with the zoning administrator shall be completed a minimum of 60 days prior to the application deadline for the planning commission. The development proposal must be submitted a minimum of 30 days prior to the application deadline for the planning commission to determine eligibility and completeness of the proposal.

(2)

The applicant or developer shall provide:

a.

A detailed site plan presenting:

1.

The location and dimension of all property lines and the total area of the site.

2.

Name and address or person responsible for preparation of the site plan.

3.

Date, north point, and scale

4.

The location and purpose of any existing or proposed easement.

5.

The location of parking stalls and associated driving lanes for the proposed uses.

6.

Front, side and rear yard setback information for existing and proposed structures. Additionally, the distance from the property line of the proposed completed project and the distance between structures.

7.

The location of any proposed new structures or the demolition of any existing structures.

8.

The location of any wells, septic systems, or sewer lines and their distance to the nearest structure.

9.

Additional information as determined by the planning agency as necessary to show compliance with the County Code of Ordinances.

b.

Full color building elevation rendering presenting the proposed exterior design with an accompanying narrative describing alterations to the structure from a licensed engineering firm.

c.

Floor plans for the proposed uses.

d.

Structural evaluation opinion by a licensed engineer or architect. A walkthrough of the structure shall be conducted by a licensed engineer or architect to provide an estimate on the required construction to bring the property into compliance with state building code. A report with the findings from the walkthrough shall be submitted with the application.

1.

If the application is approved by the county board, the applicant or developer shall provide a structural evaluation report detailing the required work to bring the structure into compliance with the state building code prior to issuance of a construction permit.

2.

Following issuance of a construction permit and prior to enclosure of exposed walls, an observation report by a licensed architect or engineer shall be submitted to the planning agency verifying the building systems are in compliance with the state building code.

3.

Upon completion of the project, as-built construction plans from licensed professionals addressing the architectural, structural, building systems, and site/civil plans shall be submitted to the planning agency.

f.

A development narrative, specific to the site and structures, which details the parameters of what construction alterations and uses are proposed with approval of the interim use permit. The zoning administrator shall review the development proposal and provide the applicant or developer in writing any required changes based upon standards of the Blue Earth County Code of Ordinances and the Blue Earth County Land Use Plan. The development narrative shall include, but not limited to:

1.

A legal description of the property on which the project is proposed.

2.

Dimensions, location, materials, of any expansions of the primary structure

3.

Any changes or additions of accessory structures.

4.

The number of parking stalls to be maintained.

5.

Details of the uses proposed and their associated square footage of the structure.

6.

The hours of operation of any commercial or industrial use.

7.

Details of any outdoor operations or activity associated with the proposed uses.

(Ord. of 2-25-2025(1), Att. 1)