(A) Zoning permit required.
(1) No person shall erect, repair, structurally alter or move any structure or building or part thereof without first securing a zoning permit, except for activities exempted by subsection (B) below, which require a notice to proceed.
(2) No permit shall be issued where a proposed setback does not comply with future road construction plans as approved by the County Board, in which case a greater setback will be required in accordance with future highway plans. This information shall be supplied by the County Engineer.
(3) All animal feedlots must further comply with the regulations set forth by the State Pollution Control Agency.
(4) All on-site sewage treatment systems must further conform to Pollution Control Agency rules in Minnesota Rules, Chapter 7080.
(5) All manufactured home parks and recreational camping areas must further comply with the standards established by Minnesota Rules, Chapter 4630.
(6) All international, federal, state, county and other official monuments, bench-marks, triangulation points and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, half sections and one-sixteenth section corners shall be duly described and tied.
(7) Any permit is void if building construction is not completed within one year from the date the permit was approved, unless otherwise extended by the County Board.
(8) Any zoning permit issued under the prior existing zoning ordinance shall remain in effect for one year from the date of its issuance and construction shall comply with all requirements in effect under the prior zoning ordinance. Construction must begin within one year of issuance of the zoning permit and be completed within one year after construction is begun.
(B) Notice to proceed required.
(1) Applicability. A notice to proceed is required for non-structural repairs that do not require a zoning permit. Circumstances in which a notice to proceed is required include, but are not limited to roof re-shingling, re-roofing, window replacement, same size, window replacement - enlargement or made smaller, siding, foundation repair/replacement (no structural raising involved), construction of an accessory structure 100 square feet or less and less than 14 feet in height. All repairs must meet all ordinance requirements.
(2) Notice to Planning Department. A phone call must be placed to planning and zoning for record purposes. The applicant shall furnish: first name; last name; address; city; state; zip; section; township; phone number; project description, including size and type of building and proposed date of start and completion. A notice to proceed letter will be generated from the planning and zoning office to the property owner. Messages can be left 24 hours per day, seven days a week.
(3) Fee. No cost to applicant for proper notification.
(4) Penalty. Penalty for failure to notify: $35.
(C) Application for zoning permit.
(1) Application for a zoning permit shall be made to the Zoning Administrator on forms to be furnished by the county and must be signed by the applicant. Each application for a permit to construct or alter a building shall be accompanied by a plan, showing the survey dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected, or such information as required by the Zoning Administrator. Applications shall contain such other information as may be deemed necessary for the proper enforcement of this ordinance or any other. The Zoning Administrator shall issue the zoning permit only after determining that the buildings, and site plans (if necessary), together with the application, comply with the terms of this ordinance, except as provided in § 2.01, Intent and that the applicant has no zoning violations outstanding or delinquent property taxes.
(2) Before any dwelling or other structure is moved onto a lot, the Planning Commission, by conditional use permit process, shall recommend to the County Board whether the structure will be compatible with other development in the area. The applicant shall submit photographs taken from two or more angles of the structure to be moved and photographs of the lot on which the structure is to be located together with photographs of adjacent lots and structures.
(3) A dwelling or other structure found not to be compatible with other development in the area by the County Board shall not be issued a zoning permit.
(4) If an applicant demonstrates that an incompatible dwelling or other structure can be made compatible and demonstrates the ability and intent to improve the dwelling or other structure within a period of not more than three years, unless the County Board later extends the time for completing improvements.
(5) A dwelling or other structure will be considered incompatible if it significantly lowers the property values or significantly detracts from the aesthetic quality of other development in the area.
(6) These requirements shall not apply to a single-family dwelling, permitted accessory uses or to agricultural buildings and structures when being located upon a farm as defined in Article 8; or to temporary structures being located on a lot for 18 months or less.
(7) An administrative review shall be issued in lieu of a conditional use permit for any house or structure being moved onto a lot provided all of the following criteria can be answered “yes” by the Zoning Administrator:
(a) The house or structure, in its existing condition, is compatible with other development in the area; COMPATIBLE means:
1. Photographs are submitted by the applicant taken from two or more angles of the structure to be moved and photographs of the lot on which the structure is to be located together with photographs of adjacent lots and structures. The photographs shall be kept on file, and become property of the Office of Planning and Zoning;
2. The house or structure as compared against the two closest adjoining structures is of the same or similar character as determined from records in the office of the County Assessor; and
3. The house or structure will not lower the adjoining property value(s) as determined and documented by written statement of the office of the County Assessor and kept on file in the office of planning and zoning.
(b) The aesthetic quality of the surrounding area is maintained. AESTHETIC QUALITY means that the dwelling or structure, in its existing condition, being moved onto the lot is of:
1. The same or similar building materials; i.e., brick, stick-built, manufactured home, pole construction and the like;
2. The same or similar building architecture, i.e., rambler, log cabin, French-second empire, Victorian, Spanish and the like;
3. The same or similar amount of stories; i.e., one-story, one and one-half-story, two-story;
4. The same or similar exterior material(s); i.e., aluminum siding, painted exterior and the like;
5. The same or similar roofline, i.e., gable, gambrel, hip, mansard and the like; or
6. The same or similar roofing material, i.e., shingles, tile, metal sheeting and the like.
(8) If “no” is answered to any of the above listed criteria by the Planning and Zoning Administrator, a conditional use permit shall be required. Approval or denial of the administrative review must be documented by findings of fact and be kept on file in the Office of Planning and Zoning. The Planning and Zoning Administrator shall notify the applicant in writing of the findings of fact within 14 days of the submittal of the required photographs and written request for an administrative review to move a dwelling or structure onto a lot. Appeal of the administrative review shall be heard by the Board of Adjustment.
(9) The Planning and Zoning Administrator shall report all findings of fact of the administrative review to the Planning Commission at its next regularly scheduled meeting.
(D) Fees. Zoning permit fees and other fees as may be established by resolution of the Board of County Commissioners shall be collected by the Zoning Administrator for deposit with the county and credited to the General Revenue Fund. Zoning permits are not valid until the required fee is paid.
(Ord. 97, passed 7-21-2009; Ord. 147, passed 8-3-2021)