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HomeMy WebLinkAboutLand Use Administrative Ordinance - 10-27-2020Otter Tail County Land Use Administrative Ordinance Passed by County Board October 27, 2020 SECTION 1 TITLE, PURPOSE, AND INTENT Subp. 1 Title This Ordinance shall be titled the Land Use Administrative Ordinance (hereinafter referred to as “this Ordinance”). Subp. 2 Purpose and Intent The purpose of this Ordinance shall be to implement official controls established by Otter Tail County, Minnesota, under Chapter 394 of Minnesota Statutes. Subp. 3 Legal Authority This Ordinance is enacted pursuant to Minnesota Statutes §394.27 and §394.30. SECTION 2 BOARD OF ADJUSTMENT Subp. 1 Establishment of Board of Adjustment The Board of Adjustment previously established by the Otter Tail County Board of Adjustment Ordinance is hereby confirmed and maintained as the Board of Adjustment defined in Minnesota Statute 394.27. Subp. 2 Membership A. The Board of Adjustment shall consist of seven (7) members appointed by the Otter Tail County Board of Commissioners: 1) One resident of each of the five (5) Commissioner Districts; 2) One member at-large; and, 3) One member of the Otter Tail County Planning Commission. B. At least one member shall be a resident of an unincorporated area of Otter Tail County. C. No elected officer of Otter Tail County, nor any employee of Otter Tail County, shall serve as a member of the Board of Adjustment. D. A County Commissioner may appoint a resident from another County Commissioner’s District to serve on the Board of Adjustment. Subp. 3 Officers The chair of the Board of Adjustment shall rotate each year. The vice-chair shall become the chair on January 1 of the subsequent year. At the first meeting of each calendar year, the Board of Adjustment shall elect a vice-chair from among its members and shall appoint a secretary who need not be a member of the board. Subp. 4 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 a majority vote of all regular board members except the member who is being challenged. Subp. 5 Terms of Office The term of office of members of the Board of Adjustment shall be for a period of three (3) years. Any member shall be reappointed for successive three (3)-year terms by the Otter Tail County Board of Commissioners. An individual member can serve no more than four (4) consecutive three (3) year terms. After an individual’s term limit is met, that individual cannot serve on the Board of Adjustment until after one (1) year off the Board of Adjustment. Otter Tail County Land Use Administrative Ordinance Passed by County Board October 27, 2020 Subp. 6 Removal from Office Notwithstanding subpart 5, any member of the Board of Adjustment may be removed by the Otter Tail County Board of Commissioners for malfeasance or nonfeasance in the performance of his or her official duties. Subp. 7 Vacancies The Otter Tail County Board of Commissioners shall appoint an interim Board of Adjustment member in the event of a vacancy. The interim Board of Adjustment member shall serve for the remaining term of his or her predecessor and may then be reappointed in accordance with subpart 5. Subp. 8 Powers and Duties The powers and duties of the Otter Tail County Board of Adjustment shall be as set forth in Minnesota Statute §394.27. SECTION 3 PLANNING COMMISSION Subp. 1 Establishment of Planning Commission and Its Powers and Duties The Planning Commission previously established by the Otter Tail County Planning Commission Ordinance is hereby confirmed and maintained as the Planning Commission defined in Minnesota Statute 394.30. Subp. 2 Membership A. The Planning Commission shall consist of seven (7) members appointed by the Otter Tail County Board of Commissioners, including: 1) One resident of each of the five (5) Commissioner Districts. 2) Two members at-large B. At least two members of the Planning Commission shall be residents of an unincorporated area of Otter Tail County. C. A member of the Board of Adjustment may also be a member of the Planning Commission. D. No voting member of the Planning Commission shall have received, during the two years prior to appointment, any substantial portion of income from business operations involving the development of land within Otter Tail County for urban and urban related purposes. E. Beginning immediately following the enactment of this ordinance, the number of members of the Otter Tail County Planning Commission will be naturally reduced from ten (10) to seven (7) by retirement, resignation, or removal from office. F. A County Commissioner may appoint a resident from another County Commissioner’s District to serve on the Planning Commission. Supb. 3 Prohibited Membership No elected officer of Otter Tail County, nor any employee of the Otter Tail County Board of Commissioners, shall serve as a member of the Otter Tail County Planning Commission. Subp. 4 Officers The chair of the Planning Commission shall rotate each year. The vice chair shall become the chair on January 1 of the subsequent year. At the first meeting of each calendar year, the Planning Commission shall elect a vice-chair and secretary from among its members. Otter Tail County Land Use Administrative Ordinance Passed by County Board October 27, 2020 Subp. 5 Terms of Office The term of office of members of the Planning Commission shall be for a period of three (3) years. Any member shall be reappointed for successive three (3)-year terms by the Otter Tail County Board of Commissioners. An individual member can serve no more than four (4) consecutive three (3) year terms. After an individual’s term limit is met, that individual cannot serve on the Planning Commission until after one (1) year off the Planning Commission. Subp. 6 Removal from Office Notwithstanding subpart 5, any member of the Planning Commission may be removed by the Otter Tail County Board of Commissioners for malfeasance or nonfeasance in the performance of his or her official duties. Subp. 7 Vacancies The Otter Tail County Board of Commissioners shall appoint an interim Planning Commission member in the event of any vacancy. The interim Planning Commission member shall serve for the remaining term of his or her predecessor and may then be reappointed in accordance with subpart 5. Subp. 8 Powers and Duties The powers and duties of the Otter Tail County Planning Commission shall be as set forth in Minnesota Statutes §394.30. SECTION 4 PUBLIC HEARING RULES Subp. 1 Roberts Rules of Order Board of Adjustment and Planning Commission public meetings will be run in accordance with, but not strictly bound by, Robert’s Rules of Order. Subp. 2 Voting The Board of Adjustment Chair and the Planning Commission Chair may vote on all applications presented but may not vote twice in the event of a tie. Subp. 3 Public Comments At the first meeting of each calendar year, the Planning Commission and Board of Adjustment will adopt policies to standardize public comment during public meetings. SECTION 5 Repeal The Otter Tail County Planning Commission Ordinance, as adopted by the County Board on March 27, 2001, and the Otter Tail County Board of Adjustment Ordinance, as adopted by the County Board on February 17, 1998, are hereby repealed and replaced with this Ordinance. SECTION 6 EFFECTIVE DATE This Ordinance shall become effective on January 1, 2021.