General Zoning

What is a Comprehensive Plan? 

A Comprehensive Plan is the county’s strategic plan for guiding land use within the county.  It is a broadly written document that generally guides the county’s growth.  It sets a vision for what the county wants to be in the future.

What is zoning?

Zoning is the method by which land is regulated.  The Comprehensive Plan guides what land should be zoned.  Each parcel in the county has a specific zoning designation; for example, agricultural.  Each zoning district allows the land to be used for different things, either by right or with a Conditional Use Permit.  Zoning also establishes the requirements for subdividing land into smaller parcels.  The county’s Development Code details the use of land by property owners, including uses and setbacks from property lines of structures. 

What is a Conditional Use Permit?

A Conditional Use Permit is issued to allow uses on property with conditions.  Examples of such uses include kennels, home occupations, highway business, and others.  Each zoning district has a list of conditional uses.  The process to obtain a Conditional Use Permit includes a public hearing by the Planning Commission, who makes a recommendation to the County Board.  The County Board then approves or denies the request.

What is the Planning Commission?

The Planning Commission is an advisory body that conducts public hearings for Conditional Use Permits, text changes to the Development Code, map changes to the zoning maps, and subdivisions through the platting process.  The Commission is comprised of seven county residents, one being a County Commissioner.  A list of the current members may be found here.  The Commission is an advisory body only that makes recommendations to the County Board.  The County Board makes the final decision.

How do I receive a Conditional Use Permit?

The process for receiving a Conditional Use Permit starts by completing borth parts of the application.  The application must then be submitted on the application day, found on the schedule.  Staff reviews the application for completeness within ten days of receipt.  If the application is found to be incomplete, then it will be returned to the applicant with a letter outlining what is missing.  If the application is complete, the request will be placed on the following month’s Planning Commission agenda.  Staff will then prepare a staff report analyzing the request; the Planning Commission conducts the public hearing and makes a recommendation to the County Board, and the County Board will then either approve or deny the request.

What is a variance?

A variance is a change from the dimensional requirements of the Development Code.  For example, a reduction in a setback of a structure from the front, side, or rear property lines, or from the Ordinary High Water Line of a lake.  The Board of Adjustment considers and approves or denies all variance requests.

What is the Board of Adjustment?

The Board of Adjustment is a five-member board that hears and acts upon a variance request.  They conduct a public hearing before making a decision on the request.  All members are county residents and their contact information can be found here.

How do I receive a variance?

First, you need to determine if you truly need a variance.  You need to evaluate all of the options available to you that would eliminate the need for a variance.  Variances are evaluated based upon hardship; for example, are there unique site conditions that prohibit you from meeting the zoning district requirements?  Wanting to do something a certain way because it is convenient or aesthetically pleasing for the applicant does not equal a hardship.

Once you have determined that a hardship is necessary, both parts of the application must be completed and submitted on the application day noted on the schedule.  Staff reviews the application for completeness within ten days of receipt.  If the application is found to be incomplete, then it will be returned to the applicant with a letter outlining what is missing.  If the application is complete, it will be scheduled for the next Board of Adjustment meeting.  Staff will then prepare a staff report analyzing the request; the Board of Adjustment conducts the public hearing and takes action to approve or deny the request.

Subdividing Land into Smaller Parcels

How do I subdivide my land?

The Development Code establishes two ways that a property owner can subdivide his or her property.  Which process is required depends on how the property owner wishes to divide the property, and how the property may have been divided in the past.  Exemption Certificates are processed internally by the Zoning and Environmental Services staff and are used when the property is to be divided into four or fewer lots created since 2002, it is currently not platted, and no roads are to be constructed.  Platting is more complicated and is required when the property is to be divided into more than four lots created since 2002, it is currently platted, and/or a road is proposed to be constructed.

Exemption Certificates

Exemption Certificates are processed internally by the Zoning and Environmental Services staff.  You will need the following items to process a Certificate:

1. Completed application
2. A description sketch prepared by a Registered Land Surveyor if the description includes a foot dimension.  For example, the West 330 feet of the North ½ of Section 10.
3. A survey is required if the parcel is less than five acres.
4. Legal descriptions from description sketches must be submitted in electronic format (Microsoft Word)
5. Have the County Engineer sign off for driveway spacing if the parcel is adjacent to a county road
6. Have the Auditor-Treasurer sign off after a review of the legal descriptions
7. Submit a letter from your township if you live in Dailey, Hayland, Milaca, or Mudgett township

As with all other applications, incomplete applications will not be accepted or will be returned to the applicant for further information.

Staff will then review the information for wetlands, floodplain, or other environmental concerns, as well as compliance with the Development Code.

Platting

Platting is required when more than four lots are being created and/or roads are being created.  Platting is much more complicated, and requires review and public hearing before the Planning Commission and approval by the County Board.  If you are interested in using this method to subdivide your property, please contact either Michele McPherson or Cade Steffenson.