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(A) Creation and membership.
(1) A Board of Adjustment is hereby established. The Board of Adjustment shall be appointed by the County Board of Commissioners and shall consist of five members, one of whom must be a member of the Planning Commission. Effective 5-12-1987, the County Board shall appoint members to the Board of Adjustment for terms as follows:
(a) Two members with terms ending 12-31-1987;
(b) Two members with terms ending 12-31-1988; and
(c) One member term ending 12-31-1989.
(2) Thereafter, members of the Board shall be appointed for three-year terms beginning January 1. Members may be removed from office by the County Board for good cause shown. Every attempt shall be made to obtain a cross section of the county in appointing members to the Board, and at least three members of the Board of Adjustment must reside or own property in an unincorporated area of the county.
(3) No elected officer of the county, nor any employee of the county, shall serve as a member of the Board of Adjustment. The members of the Board of Adjustment shall be compensated as determined by the County Board and shall be paid their necessary expenses in the conduct of the business of the Board.
(4) Members shall not vote on issues on which they have a conflict of interest. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a regular Board member from voting thereon shall be decided by majority vote of regular Board members, except the member who is challenged.
(5) The Board of Adjustment shall elect a Chairperson and Vice-Chairperson from among its members and it shall appoint a Secretary who need not be a member of the Board. It shall adopt rules for the transaction of its business. Such rules may include provisions for the giving of oaths to witness and the filing of written briefs by the parties. The Board shall provide a public record of its proceedings which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order.
(6) Meetings of the Board of Adjustment shall be held at the call of the Chair and at such other times as the Board in its rules of procedure may specify.
(B) General duties and responsibilities; variances and administrative appeals.
(1) The Board of Adjustment shall act upon all requests for variances and upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with enforcing this chapter. Such appeal may be taken by any person, firm or corporation aggrieved, or by any officer, department, board or bureau of a town, municipality, county or state. The Board of Adjustment shall be without jurisdiction to hear any untimely appeals.
(2) Hearings by the Board of Adjustment shall be held within such time and upon such notice to interested parties as is provided in its adopted rules of procedure. The Board of Adjustment shall establish criteria necessary in its rules of procedure for filing an application for a variance or an appeal. Written notice of hearings held by the Board of Adjustment shall be sent to affected property owners as provided by law. The Board of Adjustment shall make its decision within 15 days of the hearing, but may continue the hearing to such length of time as it deems necessary to properly consider each case.
(3) The Board of Adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and, to that end, shall have all powers of the officer to whom the appeal was taken and direct the issuance of a permit. The reasons for the Board’s decision shall be stated in writing.
(C) Variance authority.
(1) The Board of Adjustment shall have the exclusive power to order issuance of variances from the terms of any official control including restrictions placed on non-conformities. Variances shall only be permitted when they are in harmony with the general purpose and intent of the official control, and when the variances are consistent with the Comprehensive Plan. Variances may be granted when the applicant for the variance establishes the criteria under division (D) below are met and there are practical difficulties in complying with the official control.
(2) Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(3) Variances shall be granted for earth sheltered construction as defined by M.S. § 216C.06, subd. 14, as it may be amended from time to time, when in harmony with the official controls.
(4) No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located.
(5) The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(D) Findings.
(1) The Board of Adjustment must review variance petitions and consider the following factors prior to finding that a practical difficulty has been presented. The applicant must provide a statement of evidence addressing the following elements to the extent they are relevant to the applicant’s situation.
(a) The granting of the variance will be in harmony with the County Land Use Plan.
(b) The property owner proposes to use the property in a reasonable manner not permitted by an official control.
(c) The plight of the owner is due to circumstances unique to the property not created by the owner.
(d) The proposal does not alter the essential character of the locality.
(e) The practical difficulty cannot be alleviated by a method other than a variance; and
(f) The granting of the variance will not adversely affect the environmental quality of the area.
(2) The Board of Adjustment may grant a variance if it finds that all of the above factors have been established. The Board of Adjustment must not approve a variance request unless the applicant proves all of the above factors and established that there are practical difficulties in complying with official controls. The burden of proof of these matters rests completely on the applicant.
(3) In addition to applying the factors above, in all situations where an applicant has applied for any variance “after-the-fact”, the Board may factor into its decision any elements of “bad faith”.
(E) Other duties of the Board of Adjustment.
(a) Extraordinary alteration of the lot through filling or excavation shall not constitute proof of an adequate site for sanitary facilities;
(b) When there is limited space for sewage treatment or no alternative sewage treatment site, the Board may limit the square footage of any proposed dwelling or expansion and may designate the site for seasonal use only; and
(c) The existing or proposed sewage treatment system must conform with § 155.090 of this chapter.
(2) Lot line adjustments. The Board of Adjustment may review lots of record in the office of the County Recorder which do not meet standards established by this chapter for size, width, elevation, depth or other provisions. The Board may require that such parcels be joined, combined, modified in size, shape or other ways to more nearly achieve the standards of this chapter if the owner wishes to use such parcels as building sites. The Board may initiate such proceedings or may act upon request of the property owner. If the Board determines that the lot is not acceptable as a building site, the Zoning Administrator shall provide a copy of the Board’s findings to the County Assessor.
(3) Allowances for lots not acceptable as building sites.
(a) When practical means of a lot adjustment cannot be made under division (E)(1) above, and in other appropriate circumstances, the Board of Adjustment may declare a lot not acceptable as a building site. When the Board does so, no well, sewage treatment system, nor holding tank may be installed on the lot.
(b) Lots declared not acceptable as building sites may be allowed, as reasonably determined by the Board of Adjustment:
1. One garage or other accessory building; provided, no living quarters, nor plumbing, are installed and all other chapter standards are met; and
2. One travel trailer, excluding a park trailer; if it complies with all the conditions of § 155.091 of this chapter.
(4) Floodplain interpretation. Where interpretation is needed as to the exact location of Floodplain District boundaries, as for example where there appears to be a conflict between the mapped boundary and actual field conditions, the Board must make the necessary interpretation based on elevations of the regional (100-year) flood profile and other available technical data.
(5) Temporary use permits.
(a) In instances of particular hardship, the Board of Adjustment may issue a temporary use permit. Such permits must be renewed at a frequency determined by the Board of Adjustment and administered by the Zoning Administrator. Temporary use permits are valid for six months or such other time period as the Board of Adjustment may deem appropriate. Written agreement from the applicant concerning the understanding between the applicant and the Board of Adjustment is to be filed with the Zoning Administrator before a temporary use permit is issued.
(b) The Zoning Administrator may grant a temporary use permit for no more than 45 days in an emergency when the requirement to wait for the Board of Adjustment to meet will cause undue hardship. This permit will only be valid if the applicant petitions for a temporary use permit from the Board of Adjustment, and will expire when the Board acts on the petition.
(F) Procedure.
(1) The person applying for a hearing before the Board of Adjustment shall fill out and submit to the Zoning Administrator a hearing application form and fee as determined by the County Board. It shall be the responsibility of the applicant to provide all information necessary for the Board of
Adjustment to reach a decision. All applications for variances must be accompanied by the following, unless the Zoning Administrator determines it is not needed for a proper review:
(a) A certificate of survey no more than five years old which shows all existing and proposed structures, well, septic systems and other pertinent data;
(b) A topographic grading plan showing all grading, surface water flow and erosion control; and
(c) A certificate of compliance for the septic system. If the system is non-compliant, needs to be enlarged, or a new system is proposed, a full design for the system may be needed.
(2) The Zoning Administrator shall refer the application to the Board of Adjustment for review. Notice shall be provided as required by M.S. § 394.26, as it may be amended from time to time.
(3) The Board of Adjustment shall hold a public hearing on the proposal. The petitioner or his or her representative shall appear before the Board in order to answer questions concerning the proposal.
(4) The Board of Adjustment may approve, approve with modifications or conditions or deny an application based on the information available and findings of the Board. All decisions by the Board of Adjustment shall be final; except that, any aggrieved person or persons, or any department, board or commission of the jurisdiction or of the state shall have the right to appeal within 30 days, after receipt of notice of the decision, to the District Court in the county in which the land is located on questions of law and fact.
(5) A certified copy of any order issued by the Board of Adjustment acting upon an appeal from an order, requirement or decision or determination by an administrative official, or a request for a variance, shall be filed with the County Recorder. The order issued by the Board of Adjustment shall include the legal description of the property involved. The Zoning Administrator shall be responsible for the document recording requirements of this section.
(6) Any violation of a condition or ruling made by the Board of Adjustment shall be a violation of this chapter. Failure to comply with any ruling of the Board of Adjustment shall void any variance or special permit granted by the Board of Adjustment.
(7) A variance shall be valid for a period of three years and, if not acted upon by the applicant or his or her assigns within that time, the variance shall be void.
(Ord. 23-4, passed 12-19-2023)
(A)
The County Board of Commissioners shall appoint a Planning Commission. The Planning Commission shall consist of seven members and every attempt shall be made to obtain a cross-section of the county in appointing members to the Commission. All conditional use permit applications shall be referred to and decided by the Planning Commission. Terms of office shall be as follows:
(1) One member from the Board of County Commissioners serving a one-year term; and
(2) Six county representatives (residents) shall serve a three-year term (a three-year staggered term; two members each year).
(B) The removal of any member for non-performance of duty or misconduct in office shall be by resolution of the County Board of Commissioners. Any member that misses three consecutive Planning Commission meeting or who fails to attend 50% of the Planning Commission meetings in one calendar year may be removed from office by resolution of the Board of Commissioners.
(C) Vacancies shall be filled in the same manner as a new member; except that, the term of office shall be for the remainder of the term of the vacated commission member.
(Ord. 22-4, passed 11-29-2022; Ord. 23-4, passed 12-19-2023)
(A) Criteria for granting zoning amendments.
(1) The County Board of Commissioners may adopt amendments to this chapter and zoning maps in relation both to land uses within a particular district or to the location of the district lines.
(2) Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Policies Plan or changes in conditions in the county.
(B) Procedure.
(1) An amendment to the text of this chapter or zoning map may be initiated by the County Board of Commissioners, the Planning Commission, the Zoning Administrator, or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the County Board until it has received the Planning Commission’s recommendation. Notwithstanding the aforementioned, the Zoning Administrator is authorized to refer any application filed under this section from the Planning Commission prior to it receiving a recommendation and refer the application directly to the County Board in the even the application has the potential to violate the time limits established under M.S. § 15.99. Individuals wishing to initiate an amendment application form shall submit it to the Zoning Administrator and pay the required fee.
(2) Written notice of public hearings on the proposed amendment shall be sent to the governing bodies of towns and municipalities located within two miles of the property to be rezoned within the county. In unincorporated areas, the property owners of record within one-half mile of the property zoning amendment. In incorporated areas, the property owners within 500 feet of the property in question shall be notified in writing of the proposed zoning amendment.
(3) A public hearing on the rezoning application shall be held by the Planning Commission. Notice of said hearing shall be published in the official newspaper designated by the County Board. The recommendation of the Planning Commission will be referred to the County Board following the hearing recommending approval, neutral response, disapproval or modified approval of the proposed amendment.
(4) The County Board will act on the application after referral by the Planning Commission. The County Board shall review the application based on the record compiled by the Planning Commission and the Zoning Administrator. The County Board may, in exceptional and rare circumstances on matters of significant public interest, order a second public hearing to be conducted during a board meeting or as part of a committee of the Board. The person making the application shall be notified of the action taken. The Zoning Administrator shall maintain records of amendments to the text and zoning map of this chapter.
(5) No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within one-year period following denial of such request; except, the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 23-4, passed 12-19-2023)
(A) Criteria for granting conditional use permits. In granting a conditional use permit, the County Planning Commission shall consider the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the County Planning Commission shall make the following findings where applicable.
(1) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.
(2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(3) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
(5) The use is not in conflict with the Policies Plan of the county.
(6) Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
(B) Additional conditions.
(1) In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or yard dimension;
(b) Limiting the height, size or location of buildings;
(c) Controlling the location and number of vehicle access points;
(d) Increasing the street width;
(e) Increasing the number of required off-street parking spaces;
(f) Limiting the number, size, location or lighting of signs;
(g) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and
(h) Designating sites for open space.
(2) Any change involving structural alterations, enlargements, intensification of use or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The County Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location and conditions imposed by the Planning Commission; time limits, review dates and such other information as may be appropriate.
(C) Procedure.
(1) The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form.
(2) The Zoning Administrator shall refer the application to the Planning Commission for review.
(3) The Planning Commission shall hold a public hearing on the proposal. Notice of the public hearing shall be published in the official newspaper designated by the County Board at least ten days prior to the hearing. Notice of the hearing shall also be submitted to the governing bodies of all towns and municipalities within two miles of the property under consideration located within the county. In unincorporated areas of the county, property owners of record within one-quarter mile of the affected property or the ten properties nearest to the affected property, whichever is the greatest number of property owners shall be notified in writing of the public hearing on the request for conditional use permit.
(4) The petitioner or his or her representative shall appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(5) An amended conditional use permit application shall be administered in a matter similar to that required for a new special use permit. Amended special use permit shall include requests for changes in conditions.
(6) No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial. Conditional use permits shall be valid for six months unless otherwise specified. All conditions in a conditional use permit shall be commenced within six months and shall be complied with within one year unless otherwise specified.
(7) If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review.
(8) In the event that the applicant violates any of the conditions set forth in this permit, the County Planning Commission shall have the authority to revoke the conditional use permit.
(9)
A certified copy of any conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property involved. The Zoning Administrator shall be responsible for the document recording requirements of this section.
(D) Discontinuance of conditional use permits. Where a conditional use has been established and is discontinued for any reason for a period of one year or longer, or where a conditional use has been changed to a permitted use or to any other conditional use, the conditional use permit shall become null and void.
(Ord. 22-4, passed 11-29-2022)
(A) Building permits. For the purpose of enforcing this chapter, a land use and building permit shall be required of all persons intending to erect, alter, wreck or move any building or structure. Buildings 200 square feet and less in total ground coverage shall not require a permit; however, they shall meet all required setback distances. All additions to residences shall require a permit. Buildings and permits shall conform with all applicable codes and ordinances adopted by the county. Permits shall not be required for the location of mobile homes or manufactured homes in mobile home parks which the county recognizes as legally established mobile home parks.
(1) Persons requesting a building permit shall fill out a building permit form available from the Zoning Administrator.
(2) Completed building permit forms and a fee as may be established by resolution of the County Board of Commissioners shall be submitted to the Zoning Administrator. If the proposed development conforms in all respects to this chapter a building permit shall be issued by the Zoning Administrator within a period of 75 days.
(3) If the proposed development involves a zoning amendment, variance, interim or conditional use permit, the application, together with a building permit, shall be submitted either to the Planning Commission or Board of Adjustment or Appeals for review and appropriate action according to the procedures set forth in §§ 155.026, 155.027 and 155.028 of this chapter.
(4) For all lots of ten acres or less in size, a certificate of survey shall accompany each residential building permit application along with evidence that corner irons are established and visible. The certificate of survey shall include the location and size of the proposed residence sewer system, well, existing buildings and significant environmental features.
(B) Signs and billboard permits. A permit shall be required in all cases where a sign or billboard is erected, altered or relocated within the area of jurisdiction of this chapter. Specific requirements, exceptions and application procedures are set forth in § 155.097 of this chapter.
(C) Sewage and water systems; licenses and permits.
(D) Land alteration permits.
(2) Substantial alteration shall be defined as movement of earth or materials in excess of 50 cubic yards in the Shoreland Districts and in excess of 500 cubic yards in all other districts.
(G) Essential service utility permits. Essential services as treated herein shall refer to trunk transmission, sewer and water system, collection or distribution lines, except electrical distribution lines, and excepting lateral or house lines. Specific requirements and procedures are set forth in § 155.098 of this chapter.
(Ord. passed 12-1-2015; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)
(A) Authority. No person or entity shall allow the existence of the following uses on lands that are partially or entirely owned, leased, or occupied by them without an Interim Use Permit (IUP), as listed in the Wright County Code of Ordinances, Title XV, issued by the Wright County Planning Commission. Interim uses must be consistent with the terms of the interim use permit and any applicable local, state, or federal law, rule or other statutory provision.
(B) Criteria for granting interim use permits. In granting an interim use permit, the Planning Commission shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. Among other things, the Planning Commission shall make the following findings where applicable.
(1) The use is in conformance with the Wright County Land Use Plan and Wright County Code of Ordinances.
(2) The interim use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
(3) The establishment of the interim use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(4) The date or event that will terminate the use can be identified with certainty.
(5) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
(C) Additional conditions.
(1) In permitting a new interim use or alteration of an existing interim use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area and community as a whole. These conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or yard dimensions.
(b) Limiting the height, size, or location of any buildings or uses.
(c) Controlling the location and number of vehicle access points.
(d) Limiting the number, size, location, lighting or signs.
(e) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(2) Any change involving structural alterations, enlargements, intensification of use, expansion, or similar change not specifically permitted by the interim use permit issued shall require a new interim use permit. The Zoning Administrator shall maintain a record of all interim use permits issued, including information on use, location, conditions imposed by the Planning Commission, time limits, review dates, and other such information as may be appropriate. Any interim use permit granted under this provision shall terminate any previously approved interim use permit.
(3) Any interim use permit may be terminated by a change in zoning regulations.
(D) Procedure. The procedures for applying for an interim use permit shall be the same as those listed in § 155.029(C) of this chapter and the required notification distances shall be the same as those listed in M.S. § 394.26, as amended.
(E) Transferability.
(1) Any interim use permit (IUP) issued under this chapter is granted solely to the applicant and the business entity named in the application, and for the premises named in the IUP application. No IUP of any sort granted pursuant to this chapter is transferable to any other person or premises. If a change of ownership, control, or location of any licensed premises occurs, whether pursuant to a move, sale, transfer, assignment, or otherwise; the owner or proposed new owner must complete a new application subject to approval pursuant to this chapter. A change of ownership or control includes, but is not limited to:
(a) The sale of all or substantially all of the company assets;
(b) Sale or acquisition of 40% or more of the controlling interest (voting) stock if the company stock is publicly traded;
(c) Sale of 51% of the voting stock if a non-publicly traded stock or closely held corporation;
(d) Execution of a management agreement; or
(e) The change of any officer or majority stockholder if the company is a closely-held corporation.
(F) All previously granted or allowed conditional use permits that include a condition or conditions related to an expiration date, time limit, or other triggering event, shall be considered an interim use permit.
(G) Where an interim use has been established and is discontinued for any reason for a period of one year or longer, or where an interim use has been changed to a permitted use or to any other interim use, the interim use permit has become null and void.
(Ord. 23-1, passed 5-2-2023)
ZONING DISTRICTS AND DISTRICT PROVISIONS
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