394.25 FORMS OF
CONTROL.
Subdivision 1. Adopted by ordinance. Official
controls shall be adopted by ordinance and
may include but are not limited to the features set forth in this section.
Subd. 2. Districts set by zoning ordinances. Zoning
ordinances establishing districts within
which the use of land or the use of water or the surface of water pursuant to
section 86B.205
for agriculture, forestry, recreation, residence, industry, trade, soil
conservation, water supply
conservation, surface water drainage and removal, conservation of shorelands,
as defined in
sections 103F.201
to 103F.221,
and additional uses of land and of the surface of water pursuant to
section 86B.205,
may be by official controls encouraged, regulated, or prohibited and for such
purpose the board may divide the county into districts of such number, shape,
and area as may be
deemed best suited to carry out the comprehensive plan. Official controls may
also be applied to
wetlands preservation, open space, parks, sewage disposal, protection of
groundwater, protection
of floodplains as defined in section 103F.111,
protection of wild, scenic, or recreational rivers as
defined in sections 103F.311
and 103F.315,
protection of slope, soils, unconsolidated materials or
bedrock from potentially damaging development, preservation of forests,
woodlands and essential
wildlife habitat, reclamation of nonmetallic mining lands; protection and
encouragement of
access to direct sunlight for solar energy systems as defined in section 216C.06,
subdivision 17;
and the preservation of agricultural lands. Official controls may include
provisions for purchase of
development rights by the board in the form of conservation easements under
chapter 84C in areas
where preservation is considered by the board to be desirable, and the transfer
of development
rights from those areas to areas the board considers more desirable for
development.
Subd. 3. In district zoning, maps. Within each
such district zoning ordinances or maps may
also be adopted designating or limiting the location, height, width, bulk, type
of foundation,
number of stories, size of, and the specific uses for which dwellings,
buildings, and structures may
be erected or altered; the minimum and maximum size of yards, courts, or other
open spaces;
setback from existing roads and highways and roads and highways designated on
an official map;
protective measures necessary to protect the public interest including but not
limited to controls
relating to appearance, signs, lighting, hours of operation and other aesthetic
performance
characteristics including but not limited to noise, heat, glare, vibrations and
smoke; the area
required to provide for off street loading and parking facilities; heights of
trees and structures
near airports; and to avoid too great concentration or scattering of the
population. All such
provisions shall be uniform for each class of land or building throughout each
district, but the
provisions in one district may differ from those in other districts. No
provision may prohibit
earth sheltered construction as defined in section 216C.06,
subdivision 14, or manufactured
homes built in conformance with sections 327.31
to 327.35
that comply with all other zoning
ordinances promulgated pursuant to this section.
Subd. 3a. Pre-1995 manufactured home park. A
county must not enact, amend, or enforce
a zoning ordinance that has the effect of altering the existing density,
lot-size requirements, or
manufactured home setback requirements in any manufactured home park
constructed before
January 1, 1995, if the manufactured home park, when constructed, complied with
the then
existing density, lot-size and setback requirements.
Subd. 3b. Conditional uses. A manufactured home
park, as defined in section
subdivision 3
a building used or intended to be used by two or more families.
Subd. 3c. Feedlot zoning ordinances. (a) A
county proposing to adopt a new feedlot
ordinance or amend an existing feedlot ordinance must notify the Pollution
Control Agency and
commissioner of agriculture at the beginning of the process, no later than the
notice of the first
hearing proposing to adopt or amend an ordinance purporting to address
feedlots.
(b) Prior to final approval of a feedlot ordinance, a county board may submit a
copy of the
proposed ordinance to the Pollution Control Agency and to the commissioner of
agriculture and
request review, comment, and recommendations on the environmental and
agricultural effects
from specific provisions in the ordinance.
(c) The agencies' response to the county may include:
(1) any recommendations for improvements in the ordinance; and
(2) the legal, social, economic, or scientific justification for each
recommendation under
clause (1).
(d) At the request of the county board, the county must prepare a report on the
economic
effects from specific provisions in the ordinance. Economic analysis must state
whether the
ordinance will affect the local economy and describe the kinds of businesses
affected and
the projected impact the proposal will have on those businesses. To assist the
county, the
commissioner of agriculture, in cooperation with the Department of Employment
and Economic
Development, must develop a template for measuring local economic effects and
make it available
to the county. The report must be submitted to the commissioners of employment
and economic
development and agriculture along with the proposed ordinance.
(e) A local ordinance that contains a setback for new feedlots from existing
residences must
also provide for a new residence setback from existing feedlots located in
areas zoned agricultural
at the same distances and conditions specified in the setback for new feedlots,
unless the new
residence is built to replace an existing residence. A county may grant a
variance from this
requirement under section 394.27,
subdivision 7.
Subd. 4. Official maps. Official maps as defined
in section 394.22,
subdivision 12.
Subd. 5.[Repealed, 1974 c 571 s 51]
Subd. 5a. Metro counties; special areas. In
counties in the metropolitan area as defined in
section 473.121,
official maps may for a period of up to five years designate the boundaries of
areas reserved for purposes of soil conservation, water supply conservation,
flood control, and
surface water drainage and removal.
Subd. 6.[Repealed, 1974 c 571 s 51]
Subd. 7. Specific controls; other subjects. (a)
Specific controls pertaining to other subjects
incorporated in the comprehensive plan or establishing standards and procedures
to be employed
in land development including, but not limited to, subdividing of land and the
approval of land
plats and the preservation and dedication of streets and land for other public
purposes and the
general design of physical improvement.
(b) A county must approve a preliminary plat that meets the applicable
standards and criteria
contained in the county's zoning and subdivision regulations unless the county
adopts written
findings based on a record from the public proceedings why the application
shall not be approved.
(c) The controls may require that a portion of any proposed subdivision be
dedicated to the
public or preserved for public use as parks, recreational facilities,
playgrounds, trails, wetlands, or
open space. The requirement must be imposed by ordinance.
(d) If a county adopts the ordinance required by paragraph (c), the county must
adopt a
capital improvement program and adopt a parks and open space plan or have a
parks, trails, and
open space component in its comprehensive plan subject to the terms and
conditions in this
paragraph and in paragraphs (e) through (p).
(e) The county may choose to accept a per lot cash fee as set by ordinance from
the applicant
for some or all of the new lots created in the subdivision.
(f) In establishing the portion to be dedicated or preserved or the per lot
cash fee, the controls
must consider the open space, park, recreational, or common areas and
facilities that the applicant
proposes to reserve for the subdivision.
(g) The county must reasonably determine that it will need to acquire that
portion of land for
the purposes stated in this subdivision as a result of approval of the
subdivision.
(h) The fees or dedication must be fair, reasonable, and proportionate to the
need created.
(i) Any cash payments received must be placed by the county in a special fund
to be used
only for the purposes for which the money was obtained.
(j) Any cash payments received must be used only for the acquisition and
development or
improvement of parks, recreational facilities, playgrounds, trails, wetlands,
or open space. Cash
payments must not be used for ongoing operation, maintenance, or redevelopment
of parks,
recreational facilities, playgrounds, trails, wetlands, or open space.
(k) The county must not deny the approval of a subdivision based on an
inadequate supply of
parks, open spaces, trails, or recreational areas within the county.
(l) The county must not condition the approval of any proposed subdivision or
development
on an agreement to waive the right to challenge the validity of a fee or
dedication.
(m) The county must use at least 75 percent of the funds collected under this
subdivision
according to the plan required in paragraph (d) in the township or city where
the collection of
funds occurs. However, the township board or city council may agree to allow
the county to use
these funds outside of the township or city in a manner consistent with the
county parks, trails,
and open space capital improvement plan or the county parks and open space
component in its
comprehensive plan. The remainder of the funds may be used by the county only
for parks and
trails connectivity and accessibility purposes. The county must annually report
to cities and
townships on where funds were collected and where funds were expended in the
past year.
(n) Previously subdivided property from which a park dedication has been
received, being
resubdivided with the same number of lots, is exempt from park dedication
requirements. If, as
a result of resubdividing the property, the number of lots is increased, then
the park dedication
or per lot cash fee must apply only to the net increase of lots.
(o) A county must not require a dedication of a portion of a proposed
subdivision or a
payment in lieu of dedication in a town or city that has adopted a requirement
to dedicate or a
payment in place of dedication as a provision of the town or city's subdivision
regulations under
section 462.358,
subdivision 2b, or chapter 366.
(p) A county may negotiate an agreement with a town or city to share the
revenue generated
by dedicating a portion of a proposed subdivision or a payment in place of
dedication.
Subd. 8. Law adopted by reference. Any statute
of Minnesota, any administrative
rule of
any department of the state of Minnesota affecting the county, or any code,
adopted by reference
as part of the official control. The term "code" as used herein means
any compilation of rules
or standards or part thereof prepared by any governmental agency or any trade
or professional
association for general distribution in printed form as a standard or model on
the subject of
building construction, plumbing, electric wiring, inflammable liquids, sanitary
provisions, public
health, safety, or welfare. Prior to adoption at least one copy of the statute,
rule, ordinance or code
shall be marked as official copies and filed for use and examination by the
public in the office
of the county auditor. Provisions of the statute, rule, ordinance, or code thus
incorporated in
such ordinance by reference shall be as much a part of the ordinance as if they
had been set out
in full therein.
Subd. 9. Erosion and sediment controls. Erosion
and sediment controls with regard to
clearing, grading, excavation, transporting and filling of lands. Erosion and
sediment controls
may include, but need not be limited to requiring the development of plans
before any land
is disturbed. Plans for disturbing land may be submitted to the appropriate
soil and water
conservation district for comment and review.
Subd. 10. Amendments. An amendment to official
controls may be initiated by the board,
the planning commission, or by petition of affected property owners as defined
in the official
controls. An amendment not initiated by the planning commission shall be
referred to the planning
commission, if there is one, for study and report and may not be acted upon by
the board until it
has received the recommendation of the planning commission.
History: 1959 c 559 s 5; 1963 c 692 s 3; 1969 c 777 s 2; 1974 c 317 s
1; 1974 c 571 s 12-19;
1978 c 786 s 12; Ex1979 c 2 s 39; 1980 c 509 s 151; 1981 c 356 s 248; 1982 c
490 s 1; 1985 c 248
s 70; 1987 c 312 art 1 s 10 subd 1; 1990 c 391 art 8 s 44; 1994 c 473 s 2; 1995
c 186 s 119; 1997
c 200 art 4 s 4; 1997 c 216 s 135,136; 2003 c 95 s 1; 1Sp2005 c 1 art 1 s 90;
2006 c 270 art 1 s 2