1997 Minnesota Statutes

     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 8; 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 2, 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 327.14, subdivision 3, is a 
 conditional use in a zoning district that allows the 
 construction or placement of 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. 

    (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 preparation of a report on the 
 environmental and agricultural effects from specific provisions 
 in the ordinance.  

    (c) The report 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) 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.  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. 

    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. 

    HIST: 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