What does
Non-Conformity Mean?
The Great
MN Get Together is in full swing. If you did not have the opportunity to attend
4-H weekend, you still have a few days to go celebrate with fellow Minnesotans.
There still
exists misinformation about the updated Winona County Zoning Ordinance (WCZO). People
have contacted me about concerns on aspects such as the 40-acre density &
the “Non-Conforming” language. Their perception was not accurate, and they were
relieved once they had the facts.
The latest in misunderstanding is
what “Non-Conforming” means. Yes, it is in the WCZO. That is because the state
requires counties to address non-conformities in their ordinances. The old
ordinance had Non-Conforming language as well.
Non-conformities are non-conforming
uses or structures that may have been constructed prior to certain regulations
or permit requirements. For example, say a feedlot was in the center of town
before zoning. If the town later adopted an ordinance, which listed the area as
residential, the ag use would not be “conforming”. Once the ordinance was adopted,
that feedlot would be allowed to continue, but it would be listed as a
“non-conforming use”. Additionally,
structures may fall into similar situations.
Winona County’s old ordinance also had
sections related to non-conforming uses and structures. The updated WCZO has basically
the same ones. The board made a concerted effort to work with structures that
sat on bluffs and steep slopes setbacks. To address this, we developed the
Rural Heritage overlay district. If these parcels were legally built under the
old ordinance, they are exempt from the new setback rules.
There are concerns that property
values were affected due to the updated WCZO. Steve Hacken, our County
Assessor, can be contacted to assure you that that is not true. He can be
reached at: 507-457-6300.
Check the ordinances from all
counties, and they have similar language. So, if there are issues with
non-conformities regarding values, titles, deeds, banks, etc., they would be
issues for all of counties.
Another constant misunderstanding
regards the number of acres needed to build a home. Every Zoning Ordinance
needs a density standard, ours is 40 acres. You can build on less than 40 acres
in Winona County with a conditional use permit which in part, assures
protection of prime farmland. In fact, we had a couple from Whitewater Township
request to build on 1 acre. They want to farm with parents. It made sense to
build near the existing well and stay out of prime ag land. The couple was
asked why they did not build on the part of the farm that was in Wabasha
County. Their response was, “It is too restrictive. There you need 80 acres to
build.”
For some reason, misinterpretations
continue to surface. I encourage people to check the facts with our County
personnel. Jason Gilman and Eric Johnson are always willing to explain the ins
and outs of how the ordinance works. They can be reached
at: 507-457-6335, or via
email at: jgilman@co.winona.mn.us
and ejohnson@co.winona.mn.us
. We want the citizens to understand how the ordinance is applied.
To all students: I hope the year
goes well for you. Education is an opportunity to better yourself. I hope you
take advantage of it.
If you have any questions or issues
on the county, please contact me.
Mena Kaehler
mkaehler@co.winona.mn.us
