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Saint Mary Township
City Zoning Code

ARTICLE 7

ADMINISTRATION, FEES, VIOLATIONS AND ENFORCEMENT

§ 7.01 ZONING ADMINISTRATOR.

   (A)   Position established. The office of County Zoning Administrator is hereby established, for which the Board of County Commissioners may appoint an Administrator and such other personnel necessary to discharge the duties of the office.
   (B)   Duties. The duties of the Zoning Administrator shall include the following:
      (1)   To be in direct administration of this ordinance, the County Subdivision Regulations and Feedlot Ordinance;
      (2)   Issue zoning permits and any other permits as required by the terms of this ordinance;
      (3)   To receive and forward to the Board of County Commissioners, County Planning Commission, Board of Adjustment and other appropriate agencies as required or appropriate by state statutes all applications, documents and actions;
      (4)   To keep or supervise the keeping of all necessary records, plats and maps;
      (5)   To act as Secretary to the Board of Adjustment and County Planning Commission;
      (6)   To act as advisor to the Board of Adjustment and County Planning Commission;
      (7)   Provide information upon request relative to matters of this ordinance, the County Subdivision Regulations, the County Planning Commission and the Board of Adjustment; and
      (8)   Report on a regular basis to the County Board of Commissioners the recommendations, findings and decisions of the County Planning Commission and Board of Adjustment for final action where necessary.
(Ord. 97, passed 7-21-2009)

§ 7.02 PLANNING COMMISSION.

   (A)   Establishment, organization and membership. The County Board of Commissioners hereby establishes the County Planning Commission. The Planning Commission shall consist of seven members appointed by the Chair of the Board. The following membership requirements shall be met.
      (1)   At least two members shall be residents of the portion of the county outside the corporate limits of municipalities.
      (2)   The term of each member shall begin January 1, and continue through December 31. All appointees shall hold their offices until their successors are appointed. Each member shall serve for a period of three years, except the term of the officer or employee appointed by the Board shall be annually. The beginning and ending terms of members shall be staggered as much as feasibly possible to provide for proportional rotation of its members.
      (3)   Each member may be eligible at the discretion of the County Board for reappointment.
      (4)   No more than one voting member of the Planning Commission shall serve as an officer or employee of the county.
      (5)   No voting member of the Planning Commission shall receive, during the two years prior to appointment, any substantial portion of his or her income from business operations involving the development of land within Waseca County for the development of land for urban and urban related purposes.
      (6)   Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a Planning Commission member from voting thereon shall be decided by majority vote of all regular Commission members, except the member who is being challenged.
      (7)   The County Board may designate by resolution any county officer or employee or any other person as a non-voting, ex-officio member of the Commission.
      (8)   The Commission may call for the removal of any member for non-performance of duty or misconduct in office. Upon a second meeting absence in a 12-month period, the Secretary shall notify the member of such absence via letter. If a member has three absences in any 12-month period, the Secretary shall certify this fact to the Commission and the Commission shall notify the County Board. The Board Chair shall appoint a replacement for the unexpired term as if the member has resigned.
      (9)   Should any vacancy occur among the members of this Planning Commission by reason of death, resignation, disability or otherwise, the Secretary thereof shall give immediate notice to the Chair of the County Board. The County Board Chair shall appoint a qualified person for the unexpired term of the vacant seat.
      (10)   Should any vacancy occur among the Chair or Vice Chair of the Planning Commission, the vacant office shall be filled in accordance with the provisions of this subsection, such officer to serve the unexpired term of the office in which such vacancy shall occur.
      (11)   The members of the Planning Commission, other than the member of the Board of County Commissioners, may be compensated in an amount determined by the County Board. All Commission members, including the County Commissioner, may be paid their necessary expenses in attending meetings of the Commission and in the conduct of the business of the Commission. Nothing in this paragraph shall be construed to prohibit the payment of a per diem to the County Commissioner as set by the County Board.
      (12)   The Planning Commission shall elect a Chair and Vice Chair from among its members at the beginning of each calendar year. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations. The Zoning Administrator shall act as Secretary of the Commission and shall be a non-voting, ex-officio member.
      (13)   The meetings of the Planning Commission shall be held at the call of the Chair and at such other times as the Commission may specify in its rules of procedure.
   (B)   Powers and duties. The Planning Commission shall have the following powers and duties.
      (1)   The Commission shall cooperate with the Zoning Administrator and other employees of the County in preparing and recommending to the Board for adoption of a Comprehensive Plan and recommendations for plan execution in the form of official controls and other measures, and amendments thereto.
      (2)   The Commission shall review all applications for conditional use permits and plans for subdivisions of land and report thereon to the Board.
      (3)   The Commission may be required by the Board to review any Comprehensive Plans and official controls 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 shall report thereon in writing to the Board.
      (4)   The Commission shall conduct at least one public hearing on any Comprehensive Plan or amendments thereto, any official control or amendments thereto, on any conditional use permit, and any proposal for a subdivision.
      (5)   The Commission shall perform any additional duties and responsibilities that may be assigned by the Board.
(Ord. 97, passed 7-21-2009; Ord. 125, passed 7-18-2017)

§ 7.03 BOARD OF ADJUSTMENT.

   (A)   Creation and membership.
      (1)   A Board of Adjustment shall be established and shall consist of five members. One member shall be a member of the County Planning Commission. No elected officer of the county, nor any employee of the Board of Commissioners, shall serve as a member of the Board of Adjustment.
      (2)   The Board of Adjustment members shall be appointed by resolution of the County Board, each for a term of three years. Two appointments shall be made at the beginning of each calendar year, except that every third year one appointment shall be made. Each member shall be eligible for reappointment by the County Board.
      (3)   The County Board may, by resolution, remove any Board of Adjustment member for non-performance of duty or misconduct in office. Vacancies which occur by reason of death, resignation, disability or otherwise, shall be filled by an appointment by the County Board for the unexpired term of the vacant seat.
      (4)   Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a Board of Adjustment member from voting thereon shall be decided by majority vote of all regular Board members, except the member who is being challenged.
      (5)   The members of the Board of Adjustment may be compensated, as determined by the County Board, and may be paid their necessary expenses in attending meetings of the Board and the conduct of the business of the Board.
      (6)   The Board of Adjustment shall elect a Chairperson and Vice Chairperson from among its members at the beginning of each calendar year. The Board shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations. The Zoning Administrator shall act as Secretary of the Board.
      (7)   The meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may specify in its rules of procedures.
   (B)   Powers and duties. The Board of Adjustment shall have the following powers and duties.
      (1)   Administrative review. The Board shall hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance.
      (2)   Variances. The Board shall order the issuance of variances from the terms of this ordinance in accordance with M.S. Chapter 394, as it may be amended from time to time, including restrictions placed on nonconformities, according to the requirements and procedures found in § 3.08.
      (3)   Official map appeals. The Board shall have the exclusive authority to hear and decide any appeals of a denial of a land use permit by the Board of Commissioners due to the land’s location on any official map, as set forth in and under the procedures of M.S. § 394.361, as it may be amended from time to time.
   (C)   Other duties. The Board of Adjustment shall order the issuance of permits for buildings in areas designated for future public use on official maps. The Board shall also perform such other duties as required by this ordinance and any other official controls adopted pursuant to the provisions of M.S. Chapter 394, as it may be amended from time to time.
   (D)   Appeals from the Board of Adjustment. All decisions by the Board of Adjustment shall be final in the granting of variances and in hearing appeals from any administrative order, requirement, decision or determination. Any aggrieved person or persons, or any department, board or commission of the jurisdiction or of the state shall have the right to make an appeal to the District Court on questions of law and fact. Such appeal shall be made within 30 days after the receipt of the notice of the Board’s decision. Appeal requirements and procedure are found in § 3.08.
(Ord. 97, passed 7-21-2009; Ord. 125, passed 7-18-2017)

§ 7.04 VIOLATIONS AND PENALTIES.

   Any person, firm or corporation who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, or who shall make any false statement in any document required to be submitted under the provision hereof, shall be punished by a fine not to exceed the state maximum for misdemeanors or by imprisonment not to exceed 90 days. Each day that a violation continues shall constitute a separate offense.
(Ord. 97, passed 7-21-2009)

§ 7.05 NUISANCE CONTROL.

   (A)   It is the purpose of this section to provide for and control those nuisances, which will affect the public health and safety of the residents of the county and further preserve the aesthetic values of the county and individual neighborhoods.
   (B)   All refuse containing garbage shall be disposed of in such facilities designated by the County Board in compliance with the county landfill regulations. It shall be unlawful for any person to dispose of refuse in any other manner unless prior approval is obtained from the County Board and such disposal does not provide breeding grounds for rodents or produce noxious effects on adjoining property.
   (C)   At any time when there is found to exist on any property rodents which are detrimental or present an unnecessary health threat to adjoining properties, the property owner of the property shall be given notice of the nuisance and shall within 45 days correct the rodent problem found to exist. The method of correction may be extermination utilizing means acceptable to the county and the State Pollution Control Agency and/or may include the removal of the source, i.e., debris piles, unprotected storage areas, lumber piles. If within 45 days the nuisance is not corrected, the county may take corrective action as provided elsewhere in this section.
   (D)   In all zoning districts, the growth of noxious weeds shall be controlled to the greatest degree possible. Each property owner shall be responsible to maintain the area adjacent to the dwelling unit or commercial structure. In Agricultural Districts, noxious weeds shall be controlled on each farm or dwelling site. Enforcement of this provision shall be coordinated by the County Agricultural Inspector.
   (E)   It shall be unlawful for any person to store materials such as brush piles, used lumber, unlicensed and inoperable automobiles, unusable recreation vehicles and appliances or scrap iron, unless such storage is allowed in the specific zoning district where it is located, or when the storage of those materials is adequately screened in accordance with the provisions of this ordinance and does not create rodent or other nuisance problems.
(Ord. 97, passed 7-21-2009)

§ 7.06 ENFORCEMENT.

   (A)   Enforcing officer. This ordinance shall be administered and enforced by the Zoning Administrator, who is hereby designated the enforcing officer. Any person who shall violate any of the provisions of this ordinance shall be punished by a fine of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
   (B)   Duty of Zoning Administrator. It shall be the duty of the Zoning Administrator to enforce this ordinance through the proper legal channels including the notification and enforcement procedure contained in this section.
      (1)   Whenever the Zoning Administrator determines that there are reasonable grounds to believe that there has been a violation of any provision of the ordinance, the Zoning Administrator shall give notice of such alleged violation to the owner of record of the property, as hereinafter provided. Such corrective action notice shall:
         (a)   Be in writing;
         (b)   Include a statement of the reasons for the issuance;
         (c)   Allow 45 days’ time for the performance of any act it requires (if work cannot be completed in the 45-day period, extensions may be granted by the Zoning Administrator if reasons for hardship do prevail and can be verified); and
         (d)   Be served upon the owner or his or her agent as the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his or her last known address, or when he or she has been served with such notice by any method authorized or required by the laws of this state.
      (2)   Any person affected by any notice that has been issued in connection with the enforcement of any provision of this ordinance may request and shall be granted a hearing of the same before the Board of Adjustment.
      (3)   Whenever the Zoning Administrator finds that an emergency exists, which requires immediate action to protect the public health, the Zoning Administrator may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Zoning Administrator shall be afforded a hearing as soon as possible. The provision shall be applicable to such hearing and the order issued thereafter.
      (4)   Should the necessary corrective action required not be taken within 45 days after notice by the Zoning Administrator or decision of the Board of Adjustment or the time frame for any extension granted by the County Zoning Administrator, the County Board shall be advised of the nuisance and may direct the County Sheriff to perform such duties as may be necessary to enforce the provisions of this chapter. In addition, the County Board may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the county attorney to institute such action. The County Board may provide for the nuisance correction and charge the property owner for any and all costs incurred in the process.
      (5)   Shore impact zone for agricultural use violations: violations of the provisions of the county buffer ordinance will use the notification and enforcement provisions contained in § 5.05.
   (C)   Duty of the County Recorder. A copy of all recorded plats shall be submitted by the County Recorder to the Zoning Administrator for review after recording. The Zoning Administrator shall examine each such instrument to determine whether the proposed conveyance complies with the subdivision and platting regulations of the county. If the conveyance does not comply with regulations, the Zoning Administrator shall give notice by mail of the potential violation to the parties to the conveyance.
   (D)   County Board notification. Prior to initiating any civil court proceedings against any violation of this ordinance, the Zoning Administrator shall first inform the County Board of the alleged violation and notify them of the required action after conferring with the County Attorney and other necessary county staff persons.
   (E)   Duty of County Attorney. In the event of a violation or a threatened violation of this ordinance, the Board of County Commissioners or any member thereof, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the County Attorney to institute such action.
   (F)   Taxpayer action. Any taxpayer or taxpayers of the county may institute mandamus proceedings in the District Court to compel specific performance by the proper official or officials, of any duty required by this ordinance.
(Ord. 97, passed 7-21-2009; Ord. 126, passed 10-17-2017)