The office of the zoning administrator is hereby established. The county board shall appoint such employee or employees of the county, as it may deem necessary to discharge the duties of the office. The term of office of the zoning administrator shall be indefinite and shall terminate at the pleasure of the county board of commissioners.

A.

Powers and duties. The duties of the zoning administrator shall include the following as provided by this ordinance:

1.

Enforce and administer the requirements of this ordinance.

2.

Issue land use permits, certificates of compliance and any other permits required by the provisions of this ordinance.

3.

Receive, file and forward to the county planning commission all applications for amendments, rezonings and conditional use permits.

4.

Receive, file and forward to the county board all findings and recommendations of the planning commission necessary for the final disposition of applications for amendments, rezonings and conditional use permits.

5.

Receive, file and forward to the board of adjustment all appeals and applications for variances.

6.

To have published and attend to the service of all notices required by the provisions of this ordinance.

7.

Serve as secretary to the planning commission and the board of adjustment.

8.

Act as an advisor and provide technical assistance to the planning commission, board of adjustment and county board on matters relating to the administration of this ordinance.

9.

Maintain all records necessary for the enforcement of this ordinance, including, but not limited to:

a.

The official zoning maps and directory.

b.

Amendments, rezonings, conditional use permits, variances, appeals, site plans, land use and other permits and applications therefor.

10.

Receive, file and forward all decisions, recommendations and conditions from the planning commission, board of adjustment and county board to the following, as appropriate:

a.

Applicant or appellant.

b.

County recorder.

c.

Commissioner of natural resources.

d.

Other affected agencies and governmental units as required by Minnesota Statutes.

11.

Provide and maintain a public information bureau relative to matters arising out of this ordinance.

12.

Conduct inspections of land, buildings or structures at reasonable times to determine compliance with and enforce the provisions of this ordinance.

13.

Institute in the name of the county any appropriate actions or proceedings to enforce this ordinance.

B.

[Assistants, staff, etc.] Subject to county board authorization and approval, the zoning administrator may engage assistants, staff, or outside contractors to assist with performing the duties herein.

C.

Emergency interim use permits.

1.

The zoning administrator, in his sole discretion, is authorized to issue an emergency interim use permit that is valid for up to a maximum of 90 days or such time as the zoning administrator determines for emergency repairs or use in the following circumstances:

a.

The property or structure is damaged or destroyed by acts not caused by the property owner, his agents or assigns;

b.

The repairs or use are necessary to prevent further loss or damage to the property or to other property, lakes, rivers or streams; and

c.

The repairs or use would otherwise require a conditional use permit, interim use permit, or variance under the terms of this ordinance.

2.

Prior to issuing an emergency interim use permit hereunder, the zoning administrator shall consult with and obtain approval of any other affected state or local government or agency, including, where applicable, the department of natural resources, soil and water conservation district, and watershed district.

3.

An applicant for this permit shall submit the same information required for regular interim use permits, conditional use permits or variances as indicated in this ordinance. Repairs or use shall be limited to those necessary to temporarily abate the loss or damage or bring the property to its original condition. Any significant changes must be approved through the regular interim use permit, conditional use permit or variance processes.

4.

Subject to the terms of this provision, the zoning administrator may impose such conditions as are otherwise authorized by the provisions of this ordinance.

5.

An emergency interim use permit shall not affect the applicability of article 4 of the ordinance relating to nonconforming uses.

6.

The fee for this permit shall be a minimum of $50.00 or as otherwise established by the board of commissioners by resolution. The fee shall not apply to governmental bodies.

The county board of commissioners shall establish and maintain a county planning commission.

A.

Membership. The membership of the planning commission shall be maintained as follows:

1.

The planning commission shall consist of seven voting members appointed by the county board.

2.

Every attempt shall be made to obtain a cross section or countywide distribution of members when appointing members to the commission.

3.

No more than three voting members shall be residents of the incorporated communities within the county.

4.

The county board may designate any county officer or employee or any other individual as an ex officio member of the commission. These persons are to provide technical advice to the commission.

5.

No voting member of the planning commission shall have received during the two years prior to appointment any substantial portion of his/her income from business operations involving the development of land within the county for urban and urban-related purposes.

6.

No more than one voting member of the planning commission shall be an officer or employee of the county.

7.

The county board may, at any time, by resolution, designate a county board member as an ex officio member of the planning commission. The resolution shall state the term of the position. The county board shall thereafter choose the member to fill the position.

B.

Terms.

1.

The term of each member shall be for three years and each member may be appointed for additional terms. Appointments shall be made so that no more than three and no less than two terms are filled at the beginning of each calendar year.

2.

Each member shall be eligible for reappointment at the discretion of the county board. Any member shall continue to serve after expiration of his/her term until his/her successor is appointed.

3.

Any member of the planning commission may be removed from the commission by the board of county commissioners for nonperformance, incompetency, misconduct or negligence after a hearing before the county board upon due notice and upon stated charges in writing and on the concurring vote of four members of the county board. The member of the commission charged with conduct or activity which is alleged to be grounds for removal shall be given adequate notice of any charges made against him/her and sufficient time to prepare a defense against such charges.

4.

Should any vacancy occur among members of the planning commission by reason of death, resignation, disability or otherwise, immediate notice thereof shall be given to the chairman of the county board by the secretary of the commission. Vacancies shall be filled as soon as practical after the vacancy occurs. Such appointment shall be for the unexpired term of the former member.

C.

Organization and meetings.

1.

The planning commission shall elect a chairman and vice chairman from among its members. It may also elect any other officers it deems necessary. The commission may also appoint a person not a member of the commission to take and keep minutes and be responsible for general clerical duties of the commission.

2.

The meetings of the planning commission shall be held at the call of the chairman and/or zoning administrator and at such other times as the commission specifies in its rules of procedure.

3.

The commission shall adopt rules for the transaction of its business and shall keep a public record of its proceedings, findings and determinations.

4.

The members of the commission may be compensated in an amount determined by the county board and may be paid their necessary expenses in attending meetings of the commission and in the conduct of the business of the commission.

D.

Powers and duties. The duties of the planning commission shall include the following as provided by this ordinance:

1.

Cooperate with the zoning administrator, county board, planning consultants and other specialists in preparing and recommending to the county board for adoption a comprehensive county land use plan and recommendations for plan implementation in the form of official controls and other measures and amendments thereto.

2.

Review any comprehensive plan or official control and any plans for public land acquisition and development sent to the county for that purpose by any local unit of government or any state or federal agency and report findings and recommendations to the county board.

3.

Review, hold public hearings and make findings and recommendations to the county board on applications for conditional use permits and interim use permits.

4.

Initiate, review, hold public hearings and make findings and recommendations to the county board on applications for rezoning and amendments to this ordinance.

5.

Perform other such duties as required by this ordinance.

E.

Decisions. All actions, recommendations and decisions of the planning commission shall require a concurring vote of a majority of a quorum of the planning commission members present, except as provided otherwise by this ordinance. Any action, recommendation, and decision not receiving an affirmative concurring vote shall be deemed denied.

(Amend. of 11-19-2024(1))

A board of adjustment is hereby established and invested with such authority as is hereafter provided and as provided by Minnesota Statutes §§ 394.21 through 394.37.

A.

Membership. The membership of the board of adjustment shall be appointed by the county board and be maintained as follows:

1.

The board of adjustment shall consist of three regular members and one alternate member.

2.

At least one regular member shall be a member of the county planning commission.

3.

At least one member shall be a resident of the unincorporated area of the county.

4.

No elected officer of the county or employee of the county board shall serve as a member.

B.

Terms.

1.

The term of each member, including the alternate member, shall be for a period of three years and each member may be appointed for additional terms. Appointments shall be made so that no more than one term expires in any year, except that the term of the alternate member may expire during the same year as the term of one regular member.

2.

The term of the board of adjustment member shall coincide with that of his/her term on the planning commission.

3.

Each member shall be eligible for reappointment at the discretion of the county board. Any member shall continue to serve after expiration of his/her term until his/her successor is appointed.

4.

Any member of the board of adjustment may be removed from said board by the county board for nonperformance, incompetency, misconduct or negligence after a hearing before the county board upon due notice and upon stated charges in writing and on the concurring vote of four members of the county board. The member of the board of adjustment charged with conduct or activity which is alleged to be grounds for removal shall be given adequate notice of any charges made against him/her and sufficient time to prepare a defense against such charges.

5.

Should any vacancy occur among members of the board of adjustment by reason of death, resignation, disability or otherwise, immediate notice thereof shall be given to the chairman of the county board by the secretary of the board of adjustment. Vacancies shall be filled as soon as practical after the vacancy occurs. Such appointment shall be for the unexpired term of the former member.

C.

Organization and meetings.

1.

The board of adjustment shall elect a chairman and vice chairman from among its members. The zoning administrator shall serve as secretary of the board.

2.

The meetings of the board of adjustment shall be held at the call of the chairman and/or zoning administrator and such other times as the board specifies in its rules of procedure.

3.

The board shall adopt rules for the transaction of its business and shall keep a public record of its proceedings, findings and determinations.

4.

The alternate board member shall, when directed by the chairman, attend all meetings of the board and participate fully in its activities and shall authorize the alternate board member to vote on an issue when a regular member is absent, physically incapacitated, abstains because of a possible conflict of interest, or is prohibited by law from voting on that issue. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a regular board member from voting thereon shall be decided by majority vote of the other two regular board members.

5.

The regular and alternate members of such board of adjustment may be paid compensation in an amount determined by the county board and may be paid their necessary expenses in attending meetings of the board and in the conduct of the business of the board.

D.

Powers and duties. The board of adjustment shall have the following powers and duties with regard to this ordinance:

1.

Consider applications, make determinations and order the issuance of variances from the terms of this ordinance, including restrictions placed on nonconformities, provided by this ordinance.

2.

Hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official.

3.

Order the issuance of permits for buildings in areas designated for future public use on the official zoning maps and directory.

4.

Provide interpretation of district boundaries on the official zoning maps and directory when necessary.

5.

Perform other such duties as required by this ordinance.

E.

Decisions. All actions and decisions of the board of adjustment shall require a concurring vote of a majority of the members of the entire regular board or, when necessary, the regular board and the alternate member.

(Amend. of 11-19-2024(1))

A.

Powers and duties. The duties of the county board shall include the following as provided by this ordinance:

1.

Formulation, review and adoption of this ordinance as provided for by Minnesota Statutes §§ 394.21 through 394.37 as amended.

2.

Appoint members to and delegate certain powers and duties to the county planning commission, board of adjustment and zoning administrator for the purpose of implementing and enforcing the requirements and provisions of this ordinance in a fair, conscientious and intelligent manner.

3.

Review all applications for amendments, rezonings and conditional use permits along with the planning commission's findings and recommendations and make final disposition of said applications.

4.

Establish a schedule of fees and charges necessary to defray the costs of administering the provisions of this ordinance.

B.

Decisions. All actions and decisions of the county board shall require a concurring vote of a majority of the members of the entire county board, except as provided otherwise by this ordinance.

Various sections of this ordinance require a permit to be issued before erection, construction, alteration, movement, reconstruction, development or creation of a new or expanded use can take place on a parcel of land.

A.

Those situations and actions requiring a permit from the county zoning administrator include:

1.

Land use permit. This is a permit authorizing construction of any agricultural-related structure.

a.

Land use permits will become void if work does not commence within 12 months from date of issuance. All land use permits shall be completed within 24 months of the date of issuance, unless an extension shall be requested in writing and filed with the zoning administrator at least 30 days before the land use permit is due to become null and void. Only one six-month extension shall be allowed.

2.

Building permit. This permit shall be required for any non-agricultural-related construction.

a.

Building permit expiration. Every building permit issued by the building official under the provision of this code shall expire by limitation and become null and void if the building or work authorized by such building permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

b.

Work without a building permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

3.

Conditional use permit (article 6A). This permit can be issued only after the requirements of this ordinance are met, a public hearing is held and the permit request is approved by the county board of commissioners.

4.

Interim use permit (article 6B). This permit is issued for time-limited temporary uses. The permit is issued after the requirements of this ordinance are met, the duration of the permit is determined and the permit request is approved by the planning commission and county board of commissioners.

5.

Variance permit. This permit can be issued only after requirements of this ordinance are met, the board of adjustment has held a public hearing and approved the requested variance.

B.

Permits will be issued on such forms and in the format as prescribed by the zoning administrator.

C.

Every building permit for the construction of a residence inside the A-1 agricultural zone and R-1 or R-2 residential zones shall inform the owner and be included on the permit that:

(1)

They are located in or near a zone that permits the construction, expansion, and operation of feedlots;

(2)

Feedlots may adversely affect the residential use or value of property;

(3)

Agricultural uses are generally given preference over residential uses in the A-1 zone; and

(4)

Agricultural uses may create noise, odor, dust, etc.

The county board of commissioners shall annually set the cost for permit fees and shall prescribe any additional fees appropriate for the equitable administration of this ordinance.

In connection with any action under this ordinance, the county board and the planning commission and board of adjustment with county board approval may, at its discretion, order studies and reports or contract with consultants for recommendations. In connection with any application for any permit, variance, or zoning amendment, the county board may order the applicant to pay for the cost of any study, report, or consultant upon such terms as the board establishes, but only after:

A.

The applicant is notified in writing of the board's intentions and, if practicable, of the estimated costs involved;

B.

The applicant is given at least three days' written, mailed notice of an opportunity to be heard before the county board prior to the county board's approval of the study, report, or consultant; and

C.

After hearing, the county board approves the cost assessment and the terms of payment.

The applicant may withdraw his application at any time and be responsible for costs incurred up to the date and time of the withdrawal.

Once ordered, any time limitations herein shall be tolled pending completion of the study and/or report or the availability of the consultant and until payment is made. If payment is not made as ordered, and is 30 days in arrears, the application may be summarily denied at the discretion of the body before which it is pending.

Any application for a permit, variance, amendment or rezoning that remains incomplete 90 days after its initial submission may be summarily denied by the body before which it is pending unless, prior to the expiration of said 90 days, the applicant, at its sole responsibility, shows good cause for the delay.

A.

If, in connection with an application for any permit or variance under this ordinance, an environmental impact statement (EIS), environmental assessment worksheet (EAW), or other study is required by a state or federal agency or law, or by the planning commission, the application for the permit shall not be considered complete until such time as the EIS, EAW, or other study is completed and filed with the zoning administrator. Any time periods for rendering a decision shall be tolled during the preparation of these items.

B.

If, in connection with an application for any permit or variance under this ordinance, a separate permit is required by a state or federal agency, the planning commission, board of adjustment or zoning administrator may delay action on the application pending receipt of the approved permit. Any time periods for rendering a decision shall be tolled during the preparation time for the permit up to its receipt by the office of the zoning administrator.