(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)
(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)
(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)
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