(A) Purpose. The purpose of this section is to protect the right of a landowner, who in good-faith has submitted a completed application to the county zoning office for a particular land use project within a particular geographic area. It is also to ensure that applicant the appropriate time to complete his or her application process without interruption from a competing land use request in the same local area.
(B) Application process and permit requirements. All applications and permits shall be processed as follows.
(1) Upon receipt of a completed application (when one exists) or a formal written notice of a process to proceed (when an application does not formally exist) for a process that is required by federal, state or local statutes, rules or ordinance, the written documents shall be submitted to county zoning office. The person making application or formal written notice shall be deemed as Applicant A.
(2) Applicant A’s request, as noted above, shall be reviewed for completeness.
(a) If Applicant A’s application is complete it shall be accepted by the zoning office and shall proceed through the appropriate process as required. If the application is complete, it shall be deemed accepted.
(b) If Applicant A’s application is incomplete, it shall be returned to the applicant by first class mail and shall include a written statement informing the applicant of the information that is missing or incomplete. The application shall be deemed not accepted.
(3) During the process of review, an accepted application from Applicant A may be required to submit additional information to the requesting government entity in order to complete the process and/or make a decision on behalf of a request, such as, but not limited to, requests from the Planning Commission or Board of Commissioners during a conditional use permit, subdivision and plat, or from the environmental review authority. All information shall be provided in a timely manner.
(4) An applicant must complete the following process in the time periods listed in Table 3.1 to protect the applicant’s developmental rights.
Table 3.1 Permit Application Processing Timeline Protocol |
Table 3.1 Permit Application Processing Timeline Protocol | |
Animal feedlot: 10 AU - 49 AU | Within 30 days of receipt of a completed feedlot registration an applicant shall establish a feedlot by definition or submit a completed zoning application for a structure. As per zoning ordinance, a structure shall be completed within one year of issuance of the zoning permit. |
Animal feedlot: 50 AU- 999 AU | Within 90 days following the site team inspection or conditional use permit decision, the appropriate completed feedlot permit application shall be submitted to the zoning office. Within 30 days of issuance of a feedlot permit by the County Feedlot Officer, a completed application for a zoning permit to construct an animal feedlot structure shall be submitted to the zoning office. As per zoning ordinance; a structure shall be completed within one year of issuance of the zoning permit. |
Animal feedlot: > 1000 AU | A feedlot required to complete an environmental review shall notify the zoning office in writing at the time of submission to the MPCA. Within 30 days of the completion of the environmental review the applicant shall submit an application for site team or conditional use process. Within 90 days following the site team inspection or conditional use permit decision, the appropriate completed feedlot permit application shall be submitted to the State Pollution Control Agency. Within 30 days of issuance of a feedlot permit by the State Pollution Control Agency, a completed application for a zoning permit to construct an animal feedlot structure shall be submitted to the zoning office. As per zoning ordinance, a structure shall be completed within one year of issuance of the zoning permit. |
Residential subdivision and plat; as approved by the County Board | Setbacks: Any setback shall be calculated from the buildable area of a lot until a residential structure is physically located upon the lot(s). |
Residential subdivision and plat; application process | The pre-application meeting, as required by § 3.06(F)(9)(a), shall be held at the next regularly scheduled meeting of the Planning Commission. The applicant shall define a specific area of the potential subdivision. A preliminary plat and completed application shall be received by the zoning office within 60 days of the pre-application meeting of the Planning Commission. |
*Residence, permitted use | As per zoning ordinance, the structure shall be completed within one year of issuance of the zoning permit. |
*Residence, by conditional use permit | A completed application for a zoning permit shall be submitted within 90 days of County Board approval of the conditional use permit. As per zoning ordinance, the structure shall be completed within one year of issuance of the zoning permit. |
Sale of land | County shall not warranty land for development that has not proceeded through the appropriate processes and received proper approvals of the County Board, Zoning Administrator, or Board of Adjustment, as may be required. |
(*) Completion of a residential structure shall include all of the following: | |
(1) Construction of walls and roof; placement of windows and doors. | |
(2) An approved, constructed and functioning waste disposal system, i.e., SSTS, public sewer and the like. | |
(3) Electricity, a heating source and water supply. | |
(4) The structure in general shall be in habitable form. An unfinished basement is acceptable. “In general” habitable form includes such things as, internal walls, flooring, ceiling, cabinetry, plumbing, toilet and bath fixtures. | |
(5) Should a landowner not be timely in his or her application process, Applicant A shall forfeit the exclusive right of zoning review to the immediately following applicant for a land use request within the same geographical area.
(6) (a) Should a second applicant, deemed Applicant B, make application for a land use which is allowed in the same geographical vicinity the following policy shall apply.
1. If Applicant A has followed the processes and procedures as listed above, Applicant A’s project shall be considered “active and on-going” and shall be exclusively considered by the county for processing.
2. No other application shall be considered within a specified setback boundary, as established by any county ordinance, of Applicant A’s proposed project.
3. Upon receipt of any additional applications that have followed the procedures as listed above; any second or additional applicants shall be notified in writing by the county zoning office of a pending “active and on-going” application that is being considered.
(b) Each application shall be marked with the date and time of submittal to the zoning office to determine the order of consideration. Applications or formal written notices, (when an application does not formally exist) received by mail shall be considered received at 10:30 a.m. upon their day of receipt.
(c) If more than one application or formal written notice is received upon the same day and time, the order of consideration shall be determined by the County Board of Commissioners.
(7) Each additional application or formal written notice (when an application does not formally exist) to Applicant A’s request shall be denied by the County Zoning Administrator until such time that:
(a) The necessary processes have been completed by Applicant A and the land use entity exists and, therefore, the second or following request(s) can not meet the standards of the ordinance and an application would administratively be denied;
(b) Applicant A withdraws and rescinds his or her application in writing; or
(c) Applicant A fails to complete the necessary process to completion in the above specified time frame.
(8) Upon the withdrawal of Applicant A’s request, upon Applicant A’s failure to act in a timely manner, or upon the denial of Applicant A’s request, then Applicant B’s request shall move forward and be considered for approval through the same processes as was afforded Applicant A. Applicant B shall have 14 calendar days after written notice by the county zoning office to notify the county zoning office if it would like his or her application or formal process placed into “active and ongoing” status.
(9) Should Applicant B respond within 14 calendar days that he or she wishes to have his or her completed application considered, he or she shall be subject to the same processes of Applicant A. Additional applicants shall be treated in the same manner when more than one additional applicant exists, i.e., when Applicant B moves to active and ongoing status, Applicant C’s request shall be considered “on-deck”.
(10) Should Applicant B decline the opportunity to move forward or not respond to the written notice of the county zoning office, Applicant C, if there is one, shall be notified of such opportunity to be moved to “active and ongoing” status.
(11) Any additional applicants shall be subject to the same process as Applicant B. Each additional applicant shall be considered in the order the application or formal notice of process is received. Nothing in this ordinance prevents a previous applicant from reapplying and repeating the process that may have been previously denied, withdrawn or was previously lost by failure to respond or provide information.
(12) The county zoning office shall be responsible to make the applicant aware of the timelines the applicant is subject to in writing.
(Ord. 97, passed 7-21-2009)