(A) Purpose.
(1) Land that is needed for future street and highway purposes and as sites for other necessary public facilities, including parks, trails and public buildings, is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the owners.
(2) When this happens, public uses of land may be denied or may be obtained only at prohibitive costs or at the expense of dislocating the owners and occupants of the land.
(3) Identification on an official map of land needed for future public uses, permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this section to establish a uniform procedure for the proper use of official maps as authorized by M.S. § 394.361, as it may be amended from time to time.
(B) “Official map” defined.
(1) OFFICIAL MAP, as used in this section, means a map adopted in accordance with this section showing existing county and state trunk highways, proposed future county and state trunk highways and the areas needed for widening of existing county and state trunk highways.
(2) An OFFICIAL MAP may also show other land needed for future public purposes, including parks, trails and public buildings.
(C) Jurisdiction. The jurisdiction of this section shall apply to all the areas of the county outside the incorporated limits of municipalities.
(D) Initiation of proceedings. Proceedings for adoption, amendment or repeal of an official map or any part thereof may be initiated by a recommendation of the Planning Commission or action by the County Board of Commissioners on its own initiative, or based on recommendations of an advisory commission or based on the request of another governmental entity.
(E) Sketch maps and reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. The County Board of Commissioners may request a report of the Planning Commission as to any proposed official map.
(F) Notice; hearings.
(1) Notice. The County Board shall call a public hearing on the proposed official map. A notice of time, place and purpose of the hearing and a description of the property to be included in the official map shall be published in the official newspaper once, at least ten days prior to the date of the hearing. At least ten days prior to the hearing, a copy of the notice shall be sent to the governing bodies of all towns and municipalities located within the county and the owners of record of affected properties and the owners of records of property within one-half mile of the affected property. For purposes of this notice, the owner shall be determined by the records of the County Auditor/Treasurer and the notice shall be addressed to the last known address as shown by the Auditor/Treasurer’s records. Failure to serve any such notice shall not invalidate the proceedings.
(2) Public hearing. At the time and place specified in the notice, the County Board shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time, with notice of the date and time of the continued hearing to be stated on the record.
(G) Preparation and filing of maps.
(1) The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. The accuracy of the future acquisition lines shown on the official map shall be attested to by the County Surveyor. An official map shall be of standard plat size, as approved by the County Surveyor. Electronic mapping files (CAD or GIS) shall also be provided. The scale of an official map shall be such so that the map and features thereon are sufficiently legible. The format and content of all official maps shall be subject to approval by the county. In unplatted areas, a centerline survey shall be made, if applicable, prior to the preparation of the final draft of the official map.
(2) After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Auditor/Treasurer who shall file a certified copy thereof with the County Recorder for record.
(3) In addition, one copy of the official map or section to which the ordinance relates, together with an attached copy of the ordinance shall be furnished to the town clerk of each affected town.
(H) Effect.
(1) After an official map has been adopted and filed, the issuance of all land use or zoning approvals or building permits shall be subject to the provisions of this section. The County Zoning Administrator shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map. In addition, the County Zoning Administrator may deny any application for any use which is deemed to be in conflict with the public purposes shown on the official map. Any preliminary and final subdivision plats filed pursuant to the County Subdivision Ordinance shall reflect the areas covered by any official map which has been adopted and filed. When any building or structure is proposed on lands adjoining any area covered by an official map for county or state trunk highway purposes, any front yard setback, as contained in §§ 155.045 through 155.060 of this code of ordinances, shall be measured from the proposed centerline as shown on the official map, or from the centerline of the existing county or state trunk highway, whichever is greater.
(2) The adoption of an official map does not give the county a right, title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the county to acquire such interest without paying compensation for buildings or structures erected in such area without a permit or in violations of the conditions of a permit.
(I) Appeals.
(1) Whenever a building permit or land use or zoning approval is denied pursuant to this section, the owner of the land may appeal to the County Board of Adjustment pursuant to § 157.026 of this code of ordinances. In the event of such an appeal, the County Zoning Administrator shall notify any governmental entity which has an interest in the official map or the land in question. Upon appeal, the Board of Adjustment may issue the permit or approval only if it finds that:
(a) The entire property belonging to the owner cannot be put to a reasonable use unless such a permit or approval is granted; and
(b) Balancing the interest of the county in preserving the integrity of the official map and the interest of the owner in the use of the property, issuance of such permit or approval is required by considerations of justice and equity.
(2) In that event, issuance of the permit or approval is stayed for a period of six months to allow the appropriate governmental entity to take steps to acquire the land in question, either through voluntary purchase or by commencing eminent domain proceedings.
(J) Effective date. This section shall be and is hereby declared to be in full force and effect from and after its passage and publication according to law.
(Ord. 07-01, passed 2-27-2007) Penalty, see § 150.99