§ 152.178 RESIDENTIAL AREA REGULATIONS.

   The following regulations apply to those areas designated as residential area in a Residential Cluster District approved under the previous regulations:

   (A)   Permitted uses: Single-family home.

   (B)   Conditional uses: None.

   (C)   Accessory uses:

      (1)   Accessory storage structures and garages. These structures shall be used only by the occupants of the residence. The structures may be used for: storage of household goods, recreational vehicles and equipment, personal vehicles, maintenance and repair of personal vehicles and equipment; a shop or similar activity for hobby (no products or services for sale or pay or similar remuneration); keeping of animals and appurtenant equipment and supplies; and as otherwise regulated by this chapter. A total square footage of 2,000 square feet is permitted in a combination of a garage and one accessory structure. No single structure shall exceed 1,250 square feet in area. The maximum sidewall height shall be 12 feet and the total height from the average grade shall not exceed 17 feet. The roof and exterior shall be of the same or similar materials as the home.

      (2)   The following accessory uses as provided in § 152.073(C) through (H), (J), (K), (L), (O), (P), (Q), §152.074(B)(3), (4), (5), and (9)(b).

   (D)   Keeping of animals. The keeping of animals, with the exception of dogs, cats and similar animals kept as household pets, is prohibited on any lot in the residential area.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

§ 152.179 LOT, YARD, ACCESS, AND HEIGHT REGULATIONS.

   Except as modified by the provisions of this section, the requirements shall be those stated in §§ 152.033, 152.034, 152.036, and 152.037.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

ADMINISTRATION AND ENFORCEMENT

§ 152.190 LAND MANAGEMENT DEPARTMENT; AUTHORITY/RESPONSIBILITY.

   (A)   The Land Management Department, hereinafter called “Department”, is responsible to the County Board for the administration and enforcement of this chapter. The Department may delegate administrative responsibility and authority to town boards, in certain instances specified herein.

   (B)   The Department is authorized to perform the following functions:

      (1)   Administer and enforce this chapter, including making such rulings, approvals or denials, and issuing such orders as necessary to administer and enforce this chapter;

      (2)   Receive, file and forward all applications for appeals, amendments, variances, conditional uses, interim uses, or other matters to the designated official bodies. Receive, process, and issue permits as authorized by this chapter;

      (3)   Conduct inspections of land, buildings, or structures at reasonable times, determine compliance with and enforce the provisions of this chapter;

      (4)   Institute in the name of the county any appropriate actions or proceedings to prevent, to restrain, to correct, or to abate a violation or threatened violation;

      (5)   Maintain permanent and current records of this chapter, including but not limited to maps, amendments, variances, conditional uses, administrative permits, building eligibilities including use and transfer thereof;

      (6)   Shoreland standards. For shoreland standards, see the Shoreland Overlay District regulations in §§ 152.108 through 152.135;

      (7)   Floodplain standards. For floodplain standards, see the Floodplain Overlay District regulations in §§ 152.143 through 152.156;

      (8)   Perform any other administrative functions required or suggested by the provisions of this chapter; and

      (9)   Provide and maintain a public information bureau relative to matters arising out of this chapter.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

§ 152.191 CERTIFICATION OF ZONING COMPLIANCE.

   (A)   Definition and purpose. Certification of zoning compliance shall consist of the issuance, by the Department, of the various permits, certificates, orders, exemptions, and/or variances pursuant to this chapter. Zoning compliance shall be evidenced by the written authorization of compliance in a form and format as determined and provided by the Department. In cases where a building permit is required by the State Building Code, the issuance of the permit shall be considered certification of zoning compliance authorizing commencement of construction; final compliance with the code and this chapter shall be evidenced by the final inspection or the certificate of occupancy if the certificate is issued.

   (B)   Unlawful use of certification. It is unlawful to use, occupy or allow the use for occupancy of any building or premises or both or part therefore hereafter created, erected, changed, converted or wholly or partially altered or enlarged in its use or structure until certification of zoning compliance shall have been approved and/or issued in accordance with a form and format specified by the Department.

   (C)   Certification of zoning compliance shall be required for the following:

      (1)   Any structure subject to the State Building Code;

      (2)   Any structure or land use specifically requiring an administrative permit, certificate of zoning compliance, conditional use permit or any other type of certification by the Department;

      (3)   The Department may provide certification of zoning compliance for those structures and/or land uses that do not typically require certification. This provision applies only when requested by a landowner for his or her own property.

   (D)   Certification of zoning compliance shall not be required for the following:

      (1)   Permitted uses not subject to State Building Code or any other approval by the Department;

      (2)   Permitted accessory uses not subject to State Building Code or any other approval by the Department;

      (3)   General agricultural use of land, except structures and feedlots;

      (4)   Public road projects. Road construction, reconstruction, maintenance and temporary uses within a public right-of-way or an appropriate easement by a township, city, county, the state or persons engaged in a construction project related to public transportation for a township, city, county, or the state.

   (E)   Town board authorization. The Department may delegate to town boards the ability to issue certificates of zoning compliance for agricultural structures. The Department shall retain authority to issue the final approval of certification pursuant to this provision.

   (F)   Township land use permits, which were authorized and issued pursuant to ordinances and/or regulations adopted in accordance with M.S. Chapter 462, may be recognized as permitted land uses pursuant to this chapter if approved by the County Board.

(Ord. 47, passed 7-23-02; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21)

BOARD OF ADJUSTMENT

§ 152.210 CREATION.

   The Board of Adjustment is hereby established and invested with the authority as is hereinafter provided and as provided by M.S. §§ 394.21 through 394.37, as they may be amended from time to time.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)