INTENTION
Published 8:17 am Wednesday, April 19, 2023
PUBLIC NOTICE
NOTICE OF INTENTION TO MAKE CHANGES / AMENDMENTS
TO THE MOWER COUNTY ZONING ORDINANCE RELATING TO SEPTIC, SUBDIVISION AND ZONING.
Notice is hereby given that the Mower County Planning Commission will assemble on Tuesday, 5/2/2023 at 5:30 p.m. in the County Commissioner’s Room, located in the lower level of the Mower County Government Center, (201 1st Street NE, Austin MN 55912), to discuss the following update and changes to the Mower County Ordinances. Access into the building is through the Law Enforcement Center (LEC) doors. You may also participate in the meeting via teleconference:
Mower County Planning Commission
Tue, May 2, 2023 5:30 PM-8:30 PM (CDT)
Please join us via Microsoft Teams from your computer or smartphone
Meeting ID: 293 473 089 720
Passcode: oLS9V3
A full copy of the proposed changes is available for review in the Mower County Auditor’s Office, or on the website under Departments/Environmental Services/Ordinances https://www.co.mower.mn.us/203/Ordinances; an electronic copy can be provided to you at no cost by contacting the Mower County Environmental Services Office via email address at: zoning@co.mower.mn.us. Hard copies are available upon advance request; Mower County policy requires a fee of 25 cents per page for printing. This is a summary notice; minor changes to the ordinance are shown by underline and italics, or strikethrough. Mower County encourages public participation by either attending the public hearing to hear or provide comment(s), or by submitting written comments to Public Works Department at 1105 8 th Avenue NE, Austin MN 55912 or you may email written comments to zoning@co.mower.mn.us. Written comments received on or before 12:00 p.m. 5/2/2023 will be copied and provided to the Planning Commission for their review and consideration at the public hearing. All comments of the public hearing or written comments will be summarized and provided to the County Board before consideration of adoption of the ordinance. Notice is hereby further given that the Mower County Board of Commissioners may hear the aforementioned Amendment Change(s) on Tuesday, May 9, 2023 at approximately 10:00 am in the County Commissioner’s Room, if the Ordinance Changes are forwarded by the Planning Commission. Public Works / Environmental Services
1105 8th Avenue NE, Austin, Minnesota 55912 Phone: (507) 437-7718 Fax: (507) 437-7609
ZONING ORDINANCE: Section 14-18.4 Residential Development and Density Standards This revision shall allow for limited administrative (staff) authority to allow for additional single-family dwellings in addition to the density standards of this section under the specified circumstances. The purpose is to remove the need for a conditional use permit (time, money, public hearing) for the applicant.
Subsection (d)(2) shall be altered as follows:
(2) Site locations shall be limited to areas which are wooded with healthy and mature trees and not currently used for agricultural purposes or are unsuitable for economical agricultural uses because of poor soils, rough or steep topography, or other natural features.
i. The Mower County Zoning Administrator is granted authority to allow one (1) single family
dwelling, in addition to the density standard in this Section, provided:
1. The dwelling structure shall be located within a mature wooded area. The dwelling cannot be located adjacent to or just outside of the mature, wooded area.
2. All residential development will be subject to the siting criteria listed in Section 14-18.4(b)
ii. More than one (1) single-family dwelling, multi-unit residences, residential subdivisions, and
determination of poor soils, rough or steep topography, or other natural features will remain under the authority of the Planning Commission via conditional use permit process.
SUBDIVISION ORDINANCE
The purpose of this change is to provide for administrative review as opposed to public hearings for simple subdivisions. The intent is to save the applicant time, money, and relief from the public hearing process but yet still retain good land records for the county and its landonwers.
SECTION 13-129 SMALL SUBDIVISION
Administrative Review/Approval in Lieu of Plat:
1. Subdivision of a farmstead from farmland which creates one new parcel containing the dwelling and/or (some or all) existing structures or buildings is exempt from the platting process when a survey is provided in lieu of a plat, and all requirements of the zoning ordinance can be met or exceeded. This subdivision is subject to the review process of Property Adjustment established by Mower County. The survey shall be recorded along with the deed when the parcel is created. (previously exempt, but cleaned up language)
2. In the case of a subdivision of less than 10 acres, which is limited to the creation of one new single parcel which did not previously exist in the office of land records, is exempt from the platting process when a survey is provided in lieu of a plat, and all requirements of the zoning ordinance can be met or exceeded. This subdivision is subject to the review process of Property Adjustment established by Mower County. The survey shall be recorded along with the deed when the parcel is created.
3. Parcels of 10-acre or more are exempt from platting but are subject to the review process of Property Adjustment established by Mower County. 4. Any parcels proposed which create more than one parcel or which is less than 10 acres in size which cannot meet the standards of items 1 and 2 immediately above shall be subject to review by the planning commission and county board through a conditional use permit process to determine if such relief of any standards set forth by this ordinance should or should not be granted. Application for such permits shall be files with the county planning department and the county planning commission shall consider the application and refer the application to the county board of commissioners together with the planning commission’s recommendations. The county board shall
then fix a date for the public hearing thereon, and not less than ten nor more thirty days public notice thereon shall be given. At the time and place fixed for the public hearing, the county board shall hear all recommendations for objections to the application and make its determination thereon.
SEPTIC ORDINANCE
SUBDIVISION 4 COMPLIANCE INSPECTION REQUIREMENTS, SUBP 4.09 1. 1. The landowner(s) shall be the responsible party for obtaining and submitting a Certificate of Compliance for an existing SSTS when applying for a conditional use permit, zoning permit or variance.
A. This requirement does not apply to Minor Structures subject to a Zoning Review; or
B. A Zoning Permit application for an agricultural structure, as defined in Section 1.16.
BY ORDER OF THE
MOWER COUNTY PLANNING COMMISSION
Angie M. Lipelt
Mower County Environmental Services Supervisor
Austin Daily Herald:
Apr. 19, 2023
INTENTION