(a)

Generally. The office of the zoning administrator is hereby established, for which the board of commissioners may appoint such employee or employees of the county as it may deem proper. The term of office of the zoning administrator shall be indefinite and shall terminate at the pleasure of the board of commissioners.

(b)

Duties. The duties of the zoning administrator shall include the following:

(1)

Enforcement and administration of this chapter;

(2)

Issue construction permits, demolition permits, shoreland alteration permits and certificates of occupancy, and maintain records of such documents;

(3)

Receive and forward to the county planning commission and the board of commissioners all applications for conditional use permits;

(4)

Receive and forward all applications and petitions for matters to come before the board of adjustment;

(5)

Receive and forward to the county planning commission and the board of commissioners all applications for amendments to this chapter;

(6)

Provide and maintain a public information bureau relative to matters arising out of this chapter;

(7)

Maintain the zoning map as required in article III, division 1 of this chapter;

(8)

Conduct inspections as necessary to ensure compliance with this chapter; and

(9)

Accept and review land use development applications and determine when they are complete.

(Ord. of 2-28-2012)

The board of commissioners shall establish fees by resolution as necessary for the administration of this chapter. The fees shall be collected by the zoning administrator and deposited with the county.

(Ord. of 2-28-2012)

(a)

Construction permit.

(1)

Required. Hereafter, no person shall erect, alter or move any building or its part without first securing a construction permit. No construction permit shall be issued until a land use development application has been accepted by the zoning administrator. Structures less than 120 square feet do not require a construction permit; but shall be constructed according to the appropriate setbacks and standards of this chapter.

(2)

Application. Land use development application for a construction permit shall be presented to the zoning administrator on forms to be furnished by the county. The application may be submitted by the landowner or an agent of the landowner. Each application to construct, or alter a building, shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Applications shall contain such other information as determined by the zoning administrator to be necessary for the enforcement of this chapter.

(3)

Issuance. The zoning administrator shall issue the construction permit only after determining that the land use development application is complete, the lot is buildable and that the plan complies with the provisions of this chapter.

(4)

After the fact permit fee. Hereafter, any person who shall erect, alter or move any building or its part without first securing a construction permit shall pay a penalty fee set by the board of commissioners fee schedule.

(5)

Invalidation of permit. A construction permit shall become invalid after 12 months of issuance.

(b)

Demolition permit; required. Hereafter, no person shall demolish a residential dwelling, or any other structure 800 square feet or more in area, or clearing any building site or farmstead without first obtaining a demolition permit from the zoning administrator.

(Ord. of 2-28-2012)

(a)

Circumstances constituting a violation/violations misdemeanors. Any person, partnership, association of one or more individuals, firm, or corporation who violates any of the provisions of this chapter, or who fails, neglects, or refuses to comply with the provisions of this chapter, including violations of conditions established in connection with the granting of variances, land use permits, land alteration and grading permits, and conditional use permits, or fails to comply with restoration orders, or who knowingly makes any false statement in any document required to be submitted under the provisions hereof, shall be considered to be in violation of the ordinance and shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed 90 days, or both. Unless otherwise provided, each act of violation and every day on which such violation continues shall constitute a separate offense.

(b)

Administrative enforcement upon determination of a violation.

(1)

Whenever the zoning administrator determines that any work, activity, construction, installation or use is being done or conducted contrary to the provisions of this chapter or any permit issued pursuant to this ordinance, the zoning administrator may issue an order to stop work directing such work, activity, construction, installation or use be stopped. The zoning administrator will notify the owner of the property and/or the permit holder of the violation through an order to stop work, which will be sent or delivered to the owner and/or permit holder. The order to stop work will identify, at a minimum, the following:

a.

The nature of the violation;

b.

The action required on the part of the property owner and/or permit holder to eliminate or resolve the violation;

c.

A reasonable time in which the violation must be remedied; and

d.

Inform the property owner and/or permit holder of their right to appeal the order to stop work and determination of the zoning administrator to the board of adjustment. Said appeal to proceed and be processed in the manner set forth in section 24-48 of this chapter, with the exception that the time to appeal an order to stop work to the board of adjustment shall be ten business days from the date of the issuance of the order to stop work.

(2)

Work that has been stopped under an order to stop work shall not be resumed until the reason for the work stoppage has been completely satisfied. The zoning administrator will notify the property owner when the work can be resumed.

(3)

Violation of an order to stop work issued under this chapter shall constitute a misdemeanor violation.

(4)

The failure of a property owner and/or permit holder to appeal the order to stop work of the zoning administrator shall result in the order to stop work being considered final under this ordinance.

(5)

If compliance with the order to stop work is not obtained within a reasonable period of time, the zoning administrator will report such violations to the county attorney, who will take the action he or she deems appropriate on the matter.

(c)

Civil enforcement procedures. In the event of a violation or a threatened violation of the chapter, any permit issued under this chapter, or any regulation or other official control adopted by the board, the zoning administrator, in addition to other remedies, may institute appropriate civil actions or proceedings to prevent, prosecute, restore, restrain, correct, or abate such violations or threatened violations, and it may be the duty of the county attorney to institute such action.

(d)

Other enforcement options and remedies available. None of the enforcement options set forth in this section are meant to be the sole or exclusive means of enforcement procedures that the county may follow. The administrative enforcement process and the other enforcement procedures referred to in this section are in addition to any other right, remedy, or cause of action the county may have under Minnesota law to take actions, either civilly or criminally, to eliminate or resolve violations of this chapter. All such rights, remedies, and causes of action may, in the county's sole discretion, be exercised separately or in conjunction with one another and with such frequency as the county deems appropriate.

(e)

Application to county personnel. The failure of any officer or employee of the county to perform any duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure.

(Ord. of 2-28-2012; Ord. of 8-23-2016(1))

An application for land use development shall not be accepted as containing all required information until all of the following have been completed:

(a)

A pre-application meeting with county planning staff during which the appropriate application procedures, requirements and applicable chapter provisions are reviewed and explained.

(b)

When a land use development application requires a public hearing, the person proposing the development shall have a pre-application meeting with the township board of the township in which the action is proposed.

(c)

Submittal of all applicable and completed county applications relating to the zoning action being requested. Current land use development application forms and other county application forms may be periodically updated.

(d)

Submittal of all supporting information required by this chapter and/or outlined in the application procedures documents that are included with the land use development application. Current procedure forms associated with the land use development application may be periodically updated.

(e)

Submittal of all fees associated with the land use development application. Current fees are included on the land use development application form or procedures documents. Such fees may be periodically updated by action of the board of commissioners.

(f)

Applications on properties which have unresolved or outstanding violations shall have the violations resolved prior to an application for land development being considered complete. Applications may be accepted for projects which are intended to mitigate or resolve an existing violation.

(Ord. of 2-28-2012; Ord. of 1-19-2021(2), Att. A)

(a)

Amendment procedure.

(1)

Initiation of an amendment. This chapter may be amended whenever the public necessity and the general welfare require such amendment by following the procedure specified in this section. Proceedings for amendment of this chapter shall be initiated by a land use development application to amend this chapter and:

a.

A petition of the affected property owners. For purposes of this subsection, affected property owners shall refer to owners of the property specified on the application.

b.

A recommendation of the county planning commission.

c.

By action of the board of commissioners.

(2)

Application.

a.

Generally. Application for an amendment shall be made to the zoning administrator, together with the required fees.

b.

Site plan required. The application shall be accompanied by a site plan and such additional information as determined by Blue Earth County Environmental Services as necessary to show compliance with this chapter.

c.

Time deadline for agency action. All applications shall be processed in conformance with Minn. Stats. § 15.99 generally known as the 60-day rule.

(3)

Notification and public hearing.

a.

Publication. At least ten days in advance of each public hearing the zoning administrator shall cause a notice of the time and place of such hearing to be published in the official newspaper of the county.

b.

Notification. All property owners of record within 500 feet of incorporated areas and/or one-half mile of unincorporated areas or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners of unincorporated areas where the map amendment is proposed shall be notified by depositing a written notice in the U.S. mail, postage prepaid, as to the time and place of the public hearing. All municipalities within two miles of the proposed map amendment shall be given proper notice.

c.

Omission in notification. The zoning administrator shall be responsible for proper publication of notices and notification to adjacent property owners. However, an error in the published notice of public hearing or failure to notify a specific property owner of the application for a map amendment shall not be considered cause to declare the public hearing invalid.

d.

Public hearing. Upon receipt, in proper form, of the application and other requested material, the county planning commission shall hold at least one public hearing in a location to be prescribed by the planning commission or zoning administrator in compliance with Minn. Stats. § 15.99 and Minn. Stats. § 394

(4)

Planning commission's findings and recommendation. Following the public hearing, the county planning commission or zoning administrator shall make a report of its findings and recommendations on the proposed amendment and shall forward a copy to the board of commissioners for action.

(5)

Board of commissioners approval required. For each application for a map amendment, the county planning commission or zoning administrator shall report to the board of commissioners findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. Upon receipt of the report of the planning commission or zoning administrator, the board of commissioners shall hold public hearings upon the amendment as it deems advisable. After the conclusion of the hearings, if any, the board of commissioners may adopt the amendment or any of its parts in such form as it deems advisable. The amendment shall be effective only if a majority of all members of the board of commissioners concur in its passage.

(6)

Resubmittal of an ordinance or map amendment request following denial by the board of commissioners. If a request for an ordinance or map amendment is denied by the board of commissioners, no new application shall be accepted by the zoning administrator for a 12-month period following denial if it is substantially the same as, or similar to, the amendment which was denied by the board of commissioners.

The imposition of this 12-month period is intended to give the applicant time to reconsider the appropriateness of the proposal, to address concerns, and to encourage dialogue between the applicant and affected neighboring landowners. The zoning administrator may accept a new application, if in his or her opinion, new evidence or a change in conditions warrants it.

(b)

Recording. Upon the adoption of any other official control, including any maps or charts supplemented to or as a part thereof, the zoning administrator shall file a certified copy with the land records department for record. Ordinances, resolutions, maps or regulations filed with the land records department pursuant to this chapter do not constitute encumbrances on real property.

(Ord. of 2-28-2012)

(a)

Establishment. A planning commission is hereby established and vested with such authority as is hereafter provided and as provided by Minn. Stats. § 394.21.

(b)

Organization and membership.

(1)

Generally. The planning commission shall consist of not less than five nor more than 11 members appointed by the board of commissioners. At least two members shall be residents of the portion of the county outside the corporate limits of municipalities. No more than one voting member of the planning commission shall be an officer or employee of the county.

(2)

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

(3)

Term of office; filling of vacancies and removal from office. Members of the planning commission shall serve at the pleasure of the board of commissioners.

a.

The term of office is three years and may be continued in three-year terms at the discretion of the board of commissioners.

b.

The board of commissioners shall make appointments to fill vacancies on the planning commission. Appointments to fill an unexpired term of office shall be for the remaining term of the office. All other appointments shall be at the completion of a three-year term.

c.

Members may be removed from office, prior to the completion of the term of office, by a majority vote of the board of commissioners.

(c)

Procedure.

(1)

Officers. The planning commission shall elect a chairperson and vice-chairperson from among its members.

(2)

Meetings. The meetings of the planning commission shall be held at the call of the chairperson and at such other times as its rules of procedure may specify.

(3)

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

(4)

Secretary. The zoning administrator shall act as secretary to the planning commission.

(d)

Duties and powers.

(1)

Duties. The planning commission shall cooperate with the zoning administrator and other employees of the county in preparing and recommending to the board of commissioners for adoption a comprehensive plan and recommendations for the execution of the plan.

(2)

Review authority. The planning commission shall conduct public hearings, review all applications and prepare a report and recommendation to the board of commissioners on the following:

a.

Conditional use permits.

b.

Plans for subdivisions of land.

c.

Planned unit developments.

d.

Comprehensive plans, official controls and amendments thereto.

e.

Plans for public land acquisition and development.

f.

Map amendments.

g.

Additional duties and responsibilities assigned by the board of commissioners by ordinance.

(e)

Conditional use permits and interim use permits.

(1)

Application.

a.

Generally. Applications for land use development for conditional use permits and interim use permits shall be made to the zoning administrator, together with the required fees.

b.

Site plan required. The application shall be accompanied by a site plan and business/operation plan and such additional information as determined by the planning agency as necessary to show compliance with this chapter.

c.

Time deadline for agency action. All applications shall be processed in conformance with Minn. Stats. § 15.99 generally known as the 60-day rule.

(2)

Notification and public hearing.

a.

Publication. At least ten days in advance of each public hearing, the zoning administrator shall cause a notice of the time and place of such hearing to be published in the official newspaper of the county.

b.

Notification. All property owners of record within 500 feet of the incorporated areas and/or one-quarter mile of the affected property or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners of unincorporated areas where the conditional use or interim use is proposed shall be notified by depositing a written notice in the U.S. mail, postage prepaid, as to the time and place of the public hearing. All municipalities within two miles of the proposed conditional use or interim use shall be given proper notice.

c.

Omission in notification. The zoning administrator shall be responsible for proper publication of notices and notification to adjacent property owners. However, an error in the published notice of public hearing or failure to notify a specific property owner of the application for a conditional use permit or interim use permit shall not be considered cause to declare the public hearing invalid.

d.

Public hearing. Upon receipt in proper form of the application and other requested material, the county planning commission shall hold at least one public hearing in a location to be prescribed by the planning commission or zoning administrator in compliance with Minn. Stats. § 15.99 and Minn. Stats. ch. 394.

(3)

Board of commissioners' approval required. For each application for a conditional use permit or interim use permit, the county planning commission or zoning administrator shall report to the board of commissioners' findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. Upon receipt of the report of the planning commission or zoning administrator, the board of commissioners shall hold whatever public hearings it deems advisable and shall make a decision upon the proposal for a conditional use permit or interim use permit.

(4)

Resubmittal of application following denial by the board of commissioners. If a request for a conditional use permit or interim use permit is denied by the board of commissioners, no new application shall be accepted by the zoning administrator for a 12-month period following denial if it is substantially the same as, or similar to, the request which was denied by the board of commissioners. The imposition of this 12-month period is intended to give the applicant time to reconsider the appropriateness of the development proposal, to address concerns and to encourage dialogue between the applicant and affected neighboring landowners. The zoning administrator may accept a new application, if in his or her opinion, new evidence or a change in conditions warrants it.

(5)

Adverse environmental effect. The applicant for a conditional use permit or interim use permit which, in the opinion of the planning commission, may result in a material adverse effect on the environment may be requested to demonstrate the nature and extent of the effect.

(6)

Imposition of conditions. In granting any conditional use permit or interim use permit under the provisions of this section, the county board of commissioners shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the chapter, regulation or provision to which the conditional use permit or interim use permit is granted.

(7)

Invalidation of permit. An approved conditional use permit or interim use permit shall become invalid unless commencement of the use has begun within 12 months of final approval by the board of commissioners. Mineral extraction is excluded.

(8)

Permit validity.

a.

A conditional use permit shall be valid as long as the conditions attached are met. If the planning agency finds that specific conditions of the permit are not being met or if site conditions or activities have changed, the permit shall be brought back for review by the planning commission and the board of commissioners.

b.

An interim use permit shall be valid until any of the following occur:

1.

The conditions attached to the permit are no longer met.

2.

There is a change in ownership of the property on which the interim use permit was approved.

3.

The interim use permit is inactive for one year or longer.

4.

The expiration date specified in the interim use permit is met.

5.

An event specified in the interim use permit is met.

6.

There is a change in zoning regulations as described in Minn. Stats. § 394.303, interim uses.

c.

The planning commission shall review the conditional use permit or interim use permit application and forward a recommendation to the board of commissioners for final action.

(9)

Compliance. Any use permitted under the terms of any conditional use permit or interim use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. Any proposed change in operations or change in owners shall be submitted to the planning agency for review. Failure to comply with the terms of the permit shall be reviewed by the planning commission and the board of commissioners for possible revocation.

(f)

Findings required.

(1)

Enumeration. The planning commission shall not forward a recommendation of approval for a conditional use permit or interim use permit unless they find the following facts at the hearing where the applicant shall present a statement and evidence in such form as the planning agency may require:

a.

That the proposed use conforms with the county land use plan.

b.

The demonstrated need for the proposed use.

c.

That the proposed use will not degrade the water quality of the county.

d.

That the proposed use will not adversely increase the quantity of water runoff.

e.

That soil conditions are adequate to accommodate the proposed use.

f.

That the proposed use does not create a potential pollution hazard.

g.

That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

h.

That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

i.

That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use.

j.

That the proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

k.

That the proposed use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

l.

That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

m.

That the density of proposed residential development is not greater than the density of the surrounding neighborhood or not greater than the density indicated by the applicable zoning district.

n.

That the intensity of proposed commercial or industrial development is not greater than the intensity of the surrounding uses or not greater than the intensity characteristic of the applicable zoning district.

o.

That site specific conditions and such other conditions are established as required for the protection of the public's health, safety, morals and general welfare.

(2)

Recommendation of conditions. In recommending any conditional use permit or interim use permit to the board of commissioners, under the provisions of this chapter, the planning commission shall assign such conditions in connection therewith as will, in its opinion, secure substantially the objectives of this chapter.

(g)

Recording. The zoning administrator shall file a certified copy of any conditional use permit or interim use permit approved by the board of commissioners, with the county recorder's office for record. The conditional use permit or interim use permit shall include the legal description of the property involved.

(Ord. of 2-28-2012; Ord. of 8-25-2020(1))

(a)

Establishment. There is hereby established the Blue Earth County Board of Adjustment which shall have duties and responsibilities as set forth herein and as provided for in Minn. Stats. ch. 394.

(b)

Membership. The board of adjustment shall consist of either five or seven members who shall be appointed by the county board of commissioners. At least one member shall be a voting member of the planning commission. At least one member shall be a resident of the unincorporated portion of the county. No elected or appointed officer of the county, or employee of the board of commissioners, shall serve as a member of the board of adjustment.

(1)

Vacancies on the board of adjustment shall be filled by the board of commissioners for the unexpired portion of the term. Vacancies exist due to any of the following circumstances:

a.

Death of a member;

b.

Resignation of a member;

c.

Removal of a member.

(2)

Questions of whether any particular issue or matter before the board of adjustment involves a conflict of interest sufficient to disqualify a member from voting therein shall be decided by a majority vote of all board members, except the board member being challenged.

(c)

Term. Each member shall serve for a period of three years. The term of each member shall begin on January 1 and shall continue through December 31 of the last year of the term; provided however, that any member shall continue to serve after the expiration of their term until a successor is appointed.

(d)

Removal. The board of commissioners may remove a member for any of the following reasons:

(1)

Failure of a member to attend one-third of the regularly scheduled meetings in any calendar year.

(2)

Failure to attend three consecutive meetings without an excuse deemed reasonable by the board of commissioners.

(3)

Attendance at less than the entirety of board of adjustment meetings to such an extent and with such frequency as to, in the opinion of the board of commissioners, render the member's services too little value to the county to justify continued membership on the board of adjustment.

(4)

Violation by the member of any land use control ordinance adopted pursuant to the authority of Minn. Stats. ch. 394, or any permits issued thereunder.

(5)

Inability to carry out the duties of a member due to a conflict of interest.

(6)

Offensive, harassing or abusive behavior by a member either at meetings or under circumstances that the board of commissioners concludes negatively affects the ability of the member to perform the duties of the position.

(7)

Any other conduct which in the determination of the board of commissioners negatively affects the ability of the member to carry out the duties of the position, or constitutes misconduct warranting removal.

(e)

Election of officers. The board of adjustment shall elect a chairman and vice chairman from among its members and shall appoint a secretary who need not be a member of the board. It shall adopt rules of procedure for the transaction of its business, in whatever form it deems appropriate. The board shall keep a public record of its proceedings, which shall include the minutes of its meetings, any findings it may make on matters before it, and action taken on each matter heard by it.

(f)

Meetings and quorum. The meetings of the board of adjustment shall be held at the call of the zoning administrator, or the call of the chairman of the board of adjustment, and at such other times as the board in its rules of procedure may specify. A simple majority of the members shall constitute a quorum, and a majority vote of that quorum is sufficient to conduct business and take action. The chairman has full voting privileges at all times.

(g)

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

(h)

Powers and duties of the board of adjustment. The board of adjustment shall have the following duties.

(1)

Variances. The board of adjustment shall have the exclusive authority to order the issuance or denial of variances from the requirements of any official control, including restrictions placed on nonconformities.

(2)

Administrative appeals. The board of adjustment shall have the exclusive authority to hear and decide appeals from any order, requirement, decision or determination made by an administrative official charged with enforcing any Ordinance adopted under the authority of Minnesota Statutes Chapter 394.

(3)

Official map appeals. The board of adjustment shall have the exclusive authority to hear and decide any appeals of a denial of a land use permit by the county zoning department due to the land's location on any official map, as set forth in, and under the procedures of, Minnesota Statute Section 394.361.

(i)

Procedures of the board of adjustment.

(1)

Applications for any variance, any administrative appeal, and any official map appeals as described and set forth in Minnesota Statutes Section 394.361, shall be submitted to the county planning and zoning office on forms provided by the office for each type of proceeding. They shall be accompanied by all information required to be included in a completed application, as determined by the county zoning administrator. They shall also be accompanied by the required application fee.

(2)

Administrative appeal applications. Administrative appeals may be taken by any person, firm or corporation aggrieved, or by any officer, department, board or bureau of a town, municipality, county, or state. The appeal must be made within 30 calendar days from the date of the order, requirement, decision or determination being appealed by filing with the county zoning office a written notice of appeal. The notice of appeal shall be accompanied by any required fee. The notice shall state the following:

a.

The particular order, requirement, decision, or determination from which the appeal is taken;

b.

The name and address of the appealing person or entity;

c.

The specific grounds for the appeal, including all argument as to why the appealing person or entity believes the order, requirement, decision or determination being appealed was in error; and

d.

The specific relief requested by the appealing person or entity.

(3)

The county zoning administrator shall refer any application to the board of adjustment for hearing and review after such application has been deemed complete.

(4)

The board of adjustment will hold at least one public hearing on an application for a variance or an administrative or official map appeal, and provide notice thereof pursuant to the requirements and procedures as set forth in Minnesota Statutes Section 394.26. In its sole determination and discretion, the board of adjustment may hold additional public hearings on applications.

(5)

Decisions on administrative appeals. The board of adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that end shall have all the powers of the officer from whom the appeal was taken. In exercising this power the board of adjustment may direct the issuance of a permit or issue such other order as consistent with its decision on the appeal.

(6)

The applicant or the authorized representative of the applicant is encouraged to appear at the hearing on the request to present evidence and answer questions.

(7)

In all variance proceedings before the board of adjustment, the burden of proof is on the applicant to show that the criteria for the granting of a variance is present.

(8)

In all administrative and official maps appeals it is the burden of the applicant to prove that the action of the zoning office was in error and should be reversed or modified.

(9)

An applicant for a variance must have an ownership interest in the property for which an application is made.

(10)

As authorized in Minnesota Statute § 394.362, the applicant for a variance which in the opinion of the board of adjustment may result in a material adverse effect on the environment may be required by the board of adjustment to demonstrate the nature and extent of the effect.

(j)

Criteria for granting variances. A variance to a provision of the Zoning Ordinance may be issued to provide relief to the landowner in those zones where the intent of the applicable standards creates practical difficulties for the property owner in the use of their land.

No variance shall have the effect of allowing the floodplain district a lower degree of flood protection than the regulatory flood protection elevation for the particular area or permit standards lower than those required by state law.

A variance may be granted only in the event that all of the following circumstances exist:

(1)

The variance is in harmony with the general purpose and intent of the official control.

(2)

The variance is consistent with the intent of the comprehensive plan.

(3)

The property owner proposes to use the property in a reasonable manner not permitted by an official control.

(4)

The plight of the landowner is due to circumstances unique to the property, not created by the landowner.

(5)

The variance will not alter the essential character of the locality.

(6)

The practical difficulty includes more than economic considerations alone.

(k)

Additional considerations in situations involving after-the-fact variances. In consideration of an after-the-fact variance request, and in addition to the criteria listed in subsection 24-48(j), the board of adjustment shall take into consideration and weigh the following:

(1)

Whether or not the applicant acted in good faith or attempted to comply with this chapter.

(2)

Whether a substantial investment of money has been made.

(3)

Whether the construction is fully completed.

(4)

Whether there are similar structures in the area.

(5)

Whether the benefit of the county is outweighed by the burden on the applicant, if the applicant is required to comply with this chapter.

(l)

Other provisions relating to variances.

(1)

No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.

(2)

The board of adjustment may impose conditions on the granting of any variance. Conditions are to be directly related to the variance, bear a rough proportionality to the impact created by the variance, and shall be what the board of adjustment considers reasonable and necessary to protect the public health, safety and welfare.

(3)

A variance shall expire and be considered null and void two years after the issuance of the variance if the use, actions or construction authorized by virtue of the variance has not yet begun. For purposes of this section, construction shall include significant site preparation work including land clearing, excavation, and the installation of utilities necessary for the placement, assembly, or installation of utilities or equipment, the installation of footings, slab, foundation, posts, walls or other portions of a building.

(4)

The county zoning administrator may, in his or her sole discretion, grant one extension of this time period for up to one year upon a written request of the property owner, if the written request is received at least 30 days prior to the expiration of the two-year period, and if the county zoning administrator determines that reasonable cause for the extension exists.

(5)

A variance application may not be resubmitted for a period of at least one year from the date the request is denied, unless the zoning administrator determines in his or her sole discretion that the application is substantially changed from the earlier denied request, or that there is new evidence, or that in the opinion of the zoning administrator a substantial change of circumstances exists.

(6)

A certified copy of any order issued by the board of adjustment acting upon a request for a variance, or upon any appeal from an order, requirement, decision or determination by an administrative official, shall be recorded with the county recorder. The order issued by the board of adjustment shall include the legal description of the property involved. The zoning administrator shall be responsible for the recording of such orders.

(Ord. of 2-28-2012; Ord. of 8-23-2016(2)