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County staff reviews Benton County zoning and comprehensive plan ahead of rezoning request
Summary
County planning staff summarized the county’s comprehensive plan (adopted June 4, 2019) and the 2020 zoning ordinance rewrite, explained limits on use variances and nonconforming uses, and outlined home‑occupation rules as commissioners asked about a pending rezoning request.
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Roxanne, county planning staff, told the Benton County Board that zoning is guided by the county’s comprehensive plan and that the board should expect a planning‑commission item related to a rezoning request.
“Zoning is guided by the comprehensive plan,” Roxanne said, and she noted the comprehensive plan was adopted on 06/04/2019 and the zoning ordinance was comprehensively updated and adopted on 04/21/2020.
Roxanne explained the practical implications she expects the board to weigh: the comprehensive plan reserves most residential development between the city of Rice and Sartell and prioritizes commercial development along Highway 10 and at major intersections. She described rules distinguishing home occupations and extended home businesses: a home occupation is limited to no more than 20% of the dwelling and should be largely unnoticeable from the exterior; extended home businesses operate in accessory structures and examples include home offices, seamstresses, photography studios, limited customer‑facing barbers/beauty services, internet sales without face‑to‑face service, and small daycare operations.
On variances and nonconforming uses, Roxanne said the county generally cannot grant use variances and warned that rezoning a single lot may be treated as impermissible “spot zoning” unless supported by the comprehensive plan and surrounding zoning. She also said nonconforming uses that cease for 12 months can lose their grandfathered status unless a conditional use permit (CUP) protects them; if a CUP exists, that protection can remain even after a period of inactivity.
Commissioners pressed staff on tax classification versus zoning, noting instances in which a property carries a commercial tax classification but zoning would not allow broad commercial activity. One commissioner summarized that property owners sometimes misunderstand the distinction between tax class and permitted uses, which can leave new business operators surprised when certain commercial uses are not allowed.
Roxanne and other staff said they will bring the specific rezoning request to the planning commission for formal review before the board considers any change. The planning commission item and any associated public hearings will establish the timeline for a final decision.

