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(A) (1) Residential accessory structures (allowed in AG preserve), approved prior to August 1, 2021. Provides for accessory structures in excess of the square footage permitted as a permitted accessory use.
(2) Standards for issuance. The property must contain an existing home or the home would be constructed concurrently with the accessory structure; which must be homesteaded; structure to be used principally by residents of the home; and size must bear reasonable relationship to proposed use.
(B) Farm related permanent homes (allowed in AG preserve). Additional permanent dwellings may be located on a parcel of at least 80 acres or two quarter-quarter sections without subdividing a lot provided: the parcel has one unused building eligibility available for each additional permanent farm related home. The home must be occupied by someone employed on the farm at least 20 hours per week. Any additional homes under this section shall be occupied by someone working at least 40 hours per week in the farming operation. The home must be located in such a manner that at such time as the home ceases to be occupied by someone employed on the farm, a lot meeting all county requirements containing the home can be subdivided from the parcel. At such time as a permanent farm related home ceases to be occupied as provided for by this section, the lot and home shall be subdivided within 180 days.
(Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(A) General provisions.
(1) Effect on 1/40 or lot of record building eligibility. Residential building eligibilities pursuant to this provision are in addition to and shall have no impact on residential building eligibilities available as a permitted use. This provision shall not prohibit the transfer of 1/40 building eligibilities pursuant to the provisions of this chapter.
(2) Limitation on density. No more than four homes shall be located on a quarter- quarter section (40 acre parcel) based on the configuration of the parcel on July 1, 1974; homes subdivided from a parcel prior to July 1, 1974 shall not be considered in this calculation. In cases where the land does not follow the quarter-quarter section configuration, the shape most nearly approximating a quarter-quarter section containing 40 acres shall be used. The conservation incentive, pursuant to division (E) of this section, shall allow for flexibility in the four homes per 40 acre parcel determination.
(3) (a) Limitation on use of density options. The issuance of a conditional use permit pursuant to “wooded and lakeshore lots”, “high amenity” or “conservation incentive” provisions is prohibited on any parcel that was of record as of July 1, 1974 or any parcels derived therefrom, if at any time since December 7, 1982 a conditional use permit was issued or a rezoning occurred which provided residential density greater than that provided by the basic one per 40 or one per quarter-quarter section provisions of this chapter.
(b) The additional density options shall not be combined with one another to create a hybrid option, except for the conservation incentive option, pursuant to the comprehensive plan.
(4) Compliance with township chapter of the comprehensive plan. The additional density options provided in this section shall be available only in townships which specifically provide for the option in their township chapter of the comprehensive plan. Residential development pursuant to these options shall be subject to and limited by any additional criteria or standards contained in the township plan chapter. Applications for conditional use permits pursuant to this section shall not be considered complete unless a written statement is received from the affected township stating that the application complies with the township comprehensive plan chapter.
(5) Road access requirement. All lots created under the additional density options shall have frontage on: a public road existing at the time of application; or the applicant must submit evidence that the township will accept the road as a township road at some point after it is constructed in accordance with township standards; or a road will be constructed that is privately maintained but with the right-of-way dedicated to the township. All roads shall be constructed to meet the standards in the comprehensive plan, the subdivision regulations, the standards manual, and the water plan.
(6) Notice pertaining to agricultural uses. A notice or acknowledgment will be required regarding the “odors, dirt dust, insects, noises, long hours of operation and other factors associated with agriculture and feedlot activities.”
(B) Wooded and lakeshore lots.
(1) A maximum of three residential building lots may be subdivided from eligible wooded and/or lakeshore land. This provision may be exercised only once for each parcel that was of record as of July 1, 1974. The parcel from which the lots are to be subdivided was a parcel of record of 40 acres or more, a complete quarter-quarter section or a complete government lot on July 1, 1974.
(2) Eligible land:
(a) Wooded land. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of 10 feet. The distribution of the trees is such that there are no areas greater than ¼-acre in size not covered by canopy in the summer months; or
(b) The land contains lakeshore of a lake specifically listed in the comprehensive plan as eligible for lots under this provision;
(c) All building lots created must meet the following general criteria and the criteria specific to lot eligibility type (wooded or lakeshore). Inability to meet one or more of these criteria shall negate the eligibility for additional lots under this provision.
(3) General criteria:
(a) The comprehensive plan County Policy LU-18C, no more than four homes per 40 (4 homes per ¼-¼) shall not be violated.
(b) The lots must be a minimum of 2½ acres and must meet all applicable standards pursuant to this chapter.
(c) Each lot subdivided must contain a building site as defined by this chapter. In cases where this standard cannot be met due to soil conditions, the County Board may consider remedial actions designed by a licensed professional engineer or architect. Any actions approved by the County Board shall be binding on any and all future owners.
(d) Residential areas shall be located to provide the most effective buffering from through roads, agricultural areas and feedlots within the context of the other requirements and general criteria.
(4) Additional criteria for wooded lots:
(a) Each lot shall contain at least 2½ acres of land that meets the criteria for eligible land. Wetlands or non-wooded steep slope (12% and over) land may be added to the lot. These lands shall not be considered wooded and shall not be counted as part of the 2½ acres of wooded land needed to qualify as a wooded lot. There may be one area of up to one acre on each lot that does not contain evenly distributed trees and is suitable for the placement of the home, primary and alternate SSTS in accordance with Chapter 52 of this code of ordinances, and a detached accessory structure.
(b) Except for a strip of land 30 feet or less in width used to straighten boundaries or road alignment, the lots to be subdivided must not contain land used for agricultural production. A road to serve the lots may be constructed over agricultural production land. Agricultural production is row crops and hay land that has been specifically planted and managed for the production of hay. Agricultural production land includes land temporarily out of production in accordance with a government program. Pasture land is not crop production land.
(5) Additional criteria for lakeshore lots:
(a) The entire lot must abut lakeshore on the water body providing eligibility and must not be separated from the lake by a road, railroad, or other right-of-way.
(b) No lot created shall contain more than 2½ acres of long term agricultural land. The road right-of-way setback as required by this chapter shall not be included in the calculation.
(C) High amenity areas.
(1) A maximum of three residential building lots may be subdivided from eligible high amenity land. This provision may be exercised only once for each parcel that was of record as of July 1, 1974. The parcel from which the lots are to be subdivided was a parcel of record of 40 acres or more, a complete quarter-quarter section or a complete government lot on July 1, 1974.
(2) The maximum density in any area shall not exceed four single-family dwelling units per 40 acres.
(3) Only land within the amenity area shall be used to calculate additional density. In no case shall land currently enrolled in the agricultural preserve program be included in a density calculation that exceeds 1 per 40 (1 per ¼-¼). Any residential lots that have been subdivided after July 1, 1974, and/or existing homes on the parcel shall be considered 1 per 40 acre (or lot of record) eligibilities and shall be included in the density calculations. Remnant pieces not included in the additional density calculations shall have building eligibilities based on the applicable regulations of the “A” District.
(4) Eligible land:
(a) Wooded land. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that there are no areas greater than ¼-acre in size not covered by canopy in the summer months; or
(b) Wooded pasture. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that at least 50% of the total amenity area is covered by canopy in the summer months; or
(c) Wooded land with native vegetation.
1. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that at least 25% of the total amenity area is covered by canopy in the summer months. In addition to the required tree coverage, the remainder of these lots shall be fully vegetated by native vegetation. For this provision, native vegetation shall be established pursuant to the recommended guidelines of the Minnesota Board of Water and Soil Resources.
2. For all lots created using this provision, a protective easement proposal covering 50% of the amenity shall be submitted for review to the Department, WMO, SWCD, affected township and any other agency deemed appropriate. The proposal shall identify the qualified conservation easement holder, easement terms and restrictions, any land management, monitoring and enforcement responsibilities, and maintenance plans which shall include, but are not limited to: a description (inventory) of baseline conditions, a schedule of maintenance activities, identification of roles and responsibilities as well as funding sources. The schedule of maintenance activities shall be appropriate to sustaining the type and quality of the plant community existing at the time of dedication or pertaining to the establishment and maintenance of the target plant community determined by the restoration assessment.
(d) Lakeshore lots. Areas immediately adjacent to lakes as designated in the comprehensive plan or as further specified in a township’s chapter. Quarter-quarter sections adjacent to a lake shall be considered amenity areas with potential for additional residential development; or
(e) Bluff areas (buildable areas on top of bluffs) closely associated with the Minnesota River, Bevens/Silver Creek, Chaska Creek, Carver Creek. Townships that have land that may be eligible under this provision should further define bluff areas in their chapter of this plan.
(5) General criteria:
(a) Eligible land considered wooded, wooded pasture, and areas consisting of a mixture of wooded land and native grasses shall not be in agricultural production for the past 20 years, and shall include soils suitable for an SSTS (land enrolled in a state or federal program is in agricultural production).
(b) The comprehensive plan policy allowing for no more than four homes per 40 (4 homes per ¼-¼) shall not be violated.
(c) All building lots created must meet the general criteria and the criteria specific to the lot eligibility type (wooded and/or lakeshore). Inability to meet one or more of those criteria shall negate the eligibility for additional lots under this provision.
(d) The high amenity building sites are to be considered residential lots, not agricultural parcels. The minimum lot size shall be two and one-half acres and able to accommodate a minimum one-acre building site having at least two SSTS (primary and alternate), a house, garage and detached storage structure, while maintaining all required setbacks. Although each lot shall contain at least two and one-half acres of land that meets the criteria for eligible land, wetlands and/or non-wooded steep slope (12% and over) land may be added to individual lots as determined to be necessary during the permitting process. These lands shall not be counted as part of the two and one-half acres needed to qualify as a high amenity lot.
(e) Building sites shall be clustered in the amenity area as much as possible.
(f) There may be no more than two acres of long term agricultural crop production land included in any residential lot. The road right-of-way setback as required by this chapter shall not be included in the calculation nor shall any required setbacks be included in this calculation.
(g) The maximum amount of long-term agricultural land shall be preserved for continued agricultural use. The long-term agricultural land shall be retained in a large parcel(s) suitable for agricultural purposes. The long-term agricultural land shall not be split up and attached to each residential sized parcel unless the amount of agricultural land is so small that it is not reasonably farmable. One of the residential sites and the agricultural land may be combined to form a 20+ acre farm.
(h) All lots that contain a building eligibility shall include a building site as defined by this chapter. No remnant parcels of less than 20 acres shall be created as a stand alone parcel.
(i) High amenity areas shall be located to provide the most effective buffering from through roads, agricultural areas and feedlots within the context of the other requirements and general criteria.
(j) A road to serve the lots may be constructed over production land as defined by this chapter.
(6) Minimum conditions of high amenity lots:
(a) The keeping of animals, with the exception of dogs, cats, similar animals kept as household pets, and fewer than ten fowl, is prohibited on any residential lot.
(b) All conditional use permit activities shall be prohibited on any residential lot. Agricultural parcels and/or lots shall be subject to the “A” District regulations.
(c) A statement that the area is rural and that commercial agriculture and other rural land use activities will likely be occurring in the area. A notice should be provided regarding the odors, dirt, dust, insects, noises, long hours of operation and other factors associated with agriculture and feedlot activities. Complaints relating to these activities shall be considered unwarranted so long as the activities are being conducted in accordance with existing standards.
(d) The protection of environmentally sensitive land shall be addressed in the conditions. Protections can include, but are not limited to, restrictions on clear cutting or vegetation removal; erosion control plan to control erosion during and after building construction; designation of specific building sites or areas with buildings prohibited; requiring certain management practices.
(D) Conservation incentive.
(1) This section provides an opportunity for landowners to protect, preserve, enhance, or restore natural resources on their property in exchange for one or more additional building eligibilities. Density shall be a maximum of four homes per 40 acre parcel as defined by the CUP with the intent to provide flexibility with the configuration of the quarter-quarter or 40 acres. However, it is not the intent of this provision alone, or in combination with the other density options, to provide for the development of the land generally at a 4/40 density; nor is it the intent of this provision to generate exclusively large lot subdivisions, such as dividing a 40 acre parcel into four, ten-acre lots.
(2) Eligible land:
(a) A minimum of 30 acres that can support the proposed conservation activity, AG land preservation and clustering of homes as defined by the CUP:
(b) Land that has received another permanent incentive is not eligible for the conservation incentive. Land that is receiving a temporary incentive is not eligible until the temporary incentive period has ended; and
(c) The conservation incentive is available only in townships that provide for it in their chapter of the comprehensive plan.
(3) General criteria:
(a) The minimum lot size shall be 1½ acres.
(b) Lots should either be small and clustered or 20 plus acres to support a farming activity.
(c) Conservation activity shall generally require ten acres for a building eligibility and may consist of a combination of one or more of the following: permanent preservation, restoration, or enhancement of: wetlands, forest or woodlands, prairie, bluffs, or shoreline. In determining the number of additional building eligibility(s) to be granted, the proposed conservation activity shall be evaluated using a guide developed by the Department which may include, but is not limited to, the following criteria: natural resource assessment priority, size of easement/area preserved, public use value, value of restoration proposed by landowner, restoration plan submitted by landowner, adjacent to other protected land, adjacent to protected water or wetland, adjacent to impaired water, and unique characteristics. The guide will be provided at the time of application or upon request.
(d) Preference will be given to subdivision plats that include the natural area to be protected with a conservation easement as a separate platted outlot, rather than covering portions of individual lots.
(e) If at all possible, long term agricultural land should remain in large, farmable parcels.
(4) Additional criteria:
(a) A conservation easement proposal shall be submitted for review to the Department, SWCD, affected township and any other agency deemed appropriate. The proposal shall identify the qualified conservation easement holder, easement terms and restrictions, any land management, monitoring and enforcement responsibilities, and maintenance plans which shall include, but are not limited to: a description (inventory) of baseline conditions, a schedule of maintenance activities, identification of roles and responsibilities as well as funding sources. The schedule of maintenance activities shall be appropriate to sustaining the type and quality of the plant community existing at the time of dedication or pertaining to the establishment and maintenance of the target plant community determined by the restoration assessment.
(b) Conservation easement areas must be shown on the preliminary plat. Easement documents must be recorded simultaneously with the final plat.
(E) One building eligibility incentive.
(1) This section provides for flexibility under the conservation incentive, wooded and lakeshore, or high amenity area provisions of this chapter, to those landowners who are willing to pursue only one building eligibility as a conditional use. A maximum of one building eligibility may be granted under this provision.
(2) Building eligibility flexible standard. A building eligibility may be assigned to the qualifying wooded, lakeshore or amenity area, without a subdivision requirement or it may be subdivided as a single lot, primarily for mortgage purposes. The configuration and specific standards for the lot shall be evaluated and stipulated during the conditional use permit process. The criteria for issuance are as follows:
(a) The qualifying land could support two or more building site eligibilities. The applicant must demonstrate that he or she is proposing to eliminate at least one potential building site.
(b) There would not be a need to construct a new township road.
(c) The building site may be utilized without subdividing the subject property, or via a single lot split principally for mortgage purposes.
(d) The applicant submits an acceptable plan for preserving long-term agricultural land. An acceptable plan may include, but would not be limited to, the agricultural preserves covenant and/or a conservation easement.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
(A) Minimum criteria for issuance of permit:
(1) Minimum five acre lot size; unless another size is specified under a particular provision;
(2) Sewage can be managed in accordance with Chapter 52 of this code of ordinances;
(3) Land shall not be enrolled in the AG preserve program;
(4) The activity shall be located on a hard surfaced (blacktop or concrete) road unless written approval for location on a township road is given by the affected township or townships. The town board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect;
(5) There is a single-family home on the parcel occupied as a homestead by an owner of the activity; or a single-family home will be constructed or homesteaded before the CUP for the activity is issued;
(6) The scale and operational characteristics of the proposed activity shall be such that it can be operated on the proposed site and within the current levels of support services and infrastructure. Activities that will have service needs–traffic capacity or roads, waste disposal or management, fire or police protection, sewage disposal–that will exceed those available in the area should locate in municipalities where the services are available.
(B) Minimum conditions:
(1) Permit shall be subject to administrative review or compliance review as set by the permit. A change in ownership, operations or operator shall be cause for the permit to be reviewed to determine whether an application for an amendment or similar consideration is necessary.
(2) The activity must operate in conformance with the approved site plan and operational plan and other provisions of this chapter. The operational plan and site plan shall become part of the permit.
(3) Outside storage is prohibited unless the storage area is adequately screened from nearby roads and residences.
(4) The operational plan and site plan shall become part of the permit.
(5) The applicant must submit a copy of workers’ compensation insurance or sign an affidavit stating that he or she will not have any employees.
(6) All buildings utilized by the operation must meet the State Building Code.
(C) Activities allowed as a conditional use.
(1) Auto reduction/recycling yards. The purpose of this provision is to permit the continued operation and/or expansion of facilities, scope, or scale of existing home-based auto reduction yards. No new operations shall be permitted under this provision.
(2) Farm-related businesses.
(a) A business directly related to the conduct of agriculture that involves: retail sales beyond the scope of a roadside stand or yard sale, including “pick your own” sales; or operational limits exceeding that of a home occupation; or a commercial structure that would be constructed according to State Building Code.
(b) The following specific standard must be met: the business is 70% farm- related under one or more of the following criteria:
1. The business provides a repair or maintenance service for equipment unique and necessary to agricultural operations;
2. The business produces a product or involves a process that utilizes locally grown or produced commodities; or
3. The business involves sales and/or purchasing of products of the local agricultural economy or of goods unique and necessary to agricultural operations.
(3) Day care (allowed in AG preserve) accommodating more than ten children provided appropriate licenses and/or permits are granted by the state or other appropriate agencies.
(4) Commercial kennels under the following conditions:
(a) The facility is 1,000 feet from any residence except that of the owner and a minimum of ½-mile from ten or more homes existing prior to application for a permit under this provision;
(b) An appropriate manure and waste treatment system shall be provided for the kennel operation;
(c) Confinement and shelter is provided through the use of fences and structures.
(5) Equestrian facilities.
(a) This division is intended to provide for equestrian-related facilities, such as, a riding academy, stable, personal riding arena or other similar use.
(b) The use must be located on a minimum of ten acres. The number of animal units permitted will be regulated by the permit.
(c) A facility having ten or more horses shall be required to obtain a feedlot certificate of compliance or as administered through the feedlot regulations.
(d) A facility having nine or fewer horses shall provide evidence of acceptable manure management.
(e) Permits involving personal riding arenas are exempt from the prohibition on permit issuance on AG preserve land provided the approved operation is accessory to the residence and there will be no commercial boarding, training or other use for pay or similar remuneration.
(6) Aquaculture (allowed in AG preserve). The use of water or a combination of land and water for the growing, raising, feeding, breeding or holding of aquatic plants or animals and activities appurtenant thereto. The conditional use permit shall establish whether retail sales are permitted and if permitted to what extent.
(7) Retail nurseries provided the retail facility shall not be located within 500 feet of any residence except that of the owner and 50% of the items sold are grown on the site. No more than 10% of the retail business volume shall be non-horticultural items.
(8) School bus service. The operation, maintenance and storage of two or more school buses.
(a) The business shall be located at least 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
(b) Site shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
(9) Home extended business accessory use.
(a) It is the intent of this section to provide for the use of newly constructed accessory structures, or adaptive re-use of residential accessory and farm structures on parcels two acres or greater by permitting the use of the structures for limited business purposes upon the issuance of a conditional use permit pursuant to this section. Permits shall be issued and remain in effect pursuant to this section only upon findings that the proposed use will clearly be accessory and subordinate to the principal use of the land. Examples of businesses permitted under this section include: woodworking, repair, machining, professional services, and small scale contractor’s activities.
(b) The following shall be the minimum conditions/operational standards for the issuance and continuation of such a permit; additional conditions may be added as necessary;
1. The business shall be located at least 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
2. The business must be conducted in one or more of the following: an attached or detached garage, residential accessory structure, or agricultural structure.
3. Businesses prohibited for the purposes of this section shall be on-site recreation and entertainment businesses, mini-storage or seasonal vehicle storage when storage is the principal activity of the business, and businesses that require more than one truck with capacity greater than one ton.
4. There shall be no more than four employees in addition to the owner/operator of the business and family of the owner/operator residing in the home, providing the parcel is five acres or greater. Parcels two acres or greater but less than five acres shall be restricted to two employees in addition to family members residing in the home.
5. The business shall utilize no more than four business vehicles, providing the parcel is five acres or greater. Parcels two acres or greater but less than five acres shall be restricted to two business vehicles.
6. There shall be no retail sales. The sale of incidental stock-in-trade shall not be considered retail sales.
7. No more than three clients shall be allowed on the premises at any one time.
(10) Contractor’s yards.
(a) This subsection is intended to provide for contractor’s yards established after January 1, 1989. A contractor’s yard is a site used for storage of equipment and supplies by a contractor in the operation of his or her business. For purposes of this subsection a contractor is a person whose business is contracting work in any of the building trades, landscaping, road building, sewer installation, or has at least two trucks, but fewer than ten used to supply a service to local communities.
(b) The business shall be located at least 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
(c) Site shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
(d) Employees, except office personnel, report to the site only for the purpose of picking up equipment and supplies, necessary fabrication and general maintenance.
(11) Bed and breakfast (allowed in AG preserve). Owner occupied single-family residence where accommodations, including the serving of meals, are offered to transients (guests) on a nightly basis for compensation. The following shall be the minimum standards for the issuance and continuation of such a permit:
(a) The bed and breakfast facility shall be a converted or renovated single-family residence wherein the primary function as a single-family residence is maintained and the owner is in residence;
(b) Expansions, additions or remodeling effectively converting the residence into a motel, hotel or lodge are prohibited;
(c) No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility;
(d) The number of guestrooms shall be determined by the number of bedrooms in the house, less the number of bedrooms that have been dedicated to family use. The number of allowable guestrooms shall not exceed five rooms;
(e) The primary entrance to guestrooms shall be from within the main residential structure;
(f) Meals shall be provided only to those persons lodging on the premises;
(g) Food preparation shall not be permitted in any of the guestrooms, nor shall any guestrooms contain cooking facilities;
(h) The maximum number of allowable guests shall not exceed ten persons;
(i) The maximum number of family and allowable guest shall not exceed the capacity of the existing or upgraded septic system as approved by County Environmental Services;
(j) Guests are limited to a stay of no more than 14 consecutive days in length;
(k) Off-street parking shall be provided for guests and residents. A minimum of one space for each guestroom and two spaces for the residents;
(l) Activities that call attention to persons other than the residents shall be prohibited. Additional activities including, but not limited to, banquets, weddings, meetings, luncheons, recreation, and other gatherings for direct or indirect compensation are prohibited; and
(m) The site is of adequate size and configuration to accommodate on-site sewer, parking, screening/buffer and all necessary facilities.
(D) Activities allowed as an interim use. Cannabis business, lower-potency hemp edible manufacturer.
(1) The business must adhere to all applicable state cannabis ordinances, Office of Cannabis Management license standards and county cannabis registration requirements established by ordinance. The license standards include, but are not limited to, Office of Cannabis Management rules regarding security, standard operating procedures, wastewater, odor and filtration, solid waste disposal, water standards, and energy use.
(2) The business operational area shall not be within 1,000 feet of the nearest property line of a parcel containing a school, church, day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field; or within 500 feet of a neighboring residence not on the same parcel of property existing at the time of application for the permit.
(3) All exterior lights on a parcel with a cannabis business shall be shielded or use a hood and lens that cast light downward to minimize the amount of light cast onto adjacent properties or upward into the night sky.
(4) All outdoor growing areas shall be surrounded by a commercial grade fence at least six feet in height.
(5) The operational area of the business shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
(6) These standards do not apply to cannabis retailer, lower-potency hemp edible retailer, medical cannabis cultivator, medical cannabis combination business, medical cannabis retailer, and cannabis testing facility license holders. The land use standards for these cannabis businesses are regulated by §§ 152.080 and 152.098.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
(A) Minimum criteria for issuance.
(1) The activity conforms to all other county ordinances, state, and federal regulations.
(2) Minimum five acre lot size; unless another size is specified under a particular provision.
(3) Sewage can be managed in accordance with Chapter 52 of this code of ordinances. The county may require design by a registered engineer.
(4) The activity shall be located on a hard surfaced (blacktop or concrete) road unless specific approval for location on a township road is given by the affected township or townships. The town board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect.
(5) The activity is of a scale that the demand for support services such as sewer, water, police, fire protection, emergency equipment access, roads or streets, can be accommodated within the context of the service levels available in the commercial agricultural area.
(6) Land is not subject to the land use restrictions of an AG preserve covenant.
(7) The operational characteristics of the proposed activity shall be such that it can be operated on the proposed site and within the current levels of support services and infrastructure. Activities that will have service needs–traffic capacity or roads, waste disposal or management, fire or police protection, sewage disposal–that will exceed those available in the area should locate in municipalities where the services are available.
(B) Minimum conditions.
(1) Permit shall be subject to administrative review or compliance review as set by the permit.
(2) The operational plan and site plan shall become part of the permit.
(3) The activity must operate in conformance with the approved site plan and operational plan and other provisions of this chapter. The site plan and operational plan shall become part of the permit.
(4) The applicant must submit a copy of workers’ compensation insurance or sign an affidavit stating that he or she will not have any employees.
(5) All buildings used in the operation must meet the State Building Code.
(C) Activities allowed as a conditional use.
(1) Airports and personal use landing strips. Airports must have the approval of the Minnesota Department of Transportation and/or the Metropolitan Airports Commission.
(2) Churches. Related structures and activities, including education and classes, located on the same site which are an integral part of the church proper and convents or homes for persons related to the religious functions. The number of dwelling units permitted shall not exceed the number of building eligibilities available or the number of units existing on the church site as of September 1, 1998.
(3) New or expanded existing cemeteries. Cemeteries shall not be established in areas with a high water table.
(4) Historical sites and activities as recognized by the State Historical Society.
(5) Golf courses subject to the following criteria:
(a) Golf courses will be permitted only in those townships where the township comprehensive plan states that the use is a compatible and desirable use within the township and the town board forwards a resolution to the county stating that the proposal is in conformance with its comprehensive plan.
(b) The course must be located on either a minor collector, a major collector, a minor arterial or major arterial road as identified in the current Public Works' Transportation Plan. The road must be hard surfaced.
(c) A permanent club house must be constructed that is adequate in size as per the State Building Code to serve the proposed number of golfers.
(d) The course must be a minimum of nine holes.
(e) There must be adequate fencing to deter trespassing on adjacent property.
(f) The applicant will submit information identifying wetlands, watercourses, water bodies and wooded areas. The applicant will also state how the proposal would affect the above natural features. The proposal will be reviewed to determine adverse impact on the above natural features and on areas or sites of historical or archaeological significance. Conditions may be imposed to limit or prevent adverse impact on the above stated or other natural features.
(g) Any of the above requirements may be waived by the County Board for golf courses existing at the time of adoption of the subdivision or for golf courses that were once in existence and are being reactivated.
(h) Appropriate uses accessory to a golf course include but are not limited to a pro shop, a club house, locker room, restaurant and bar, private parties, tennis courts, racquetball, swimming pool, indoor track, exercise room, sauna or steam room, snowmobiling, snowshoeing, cross- country skiing.
(i) These are uses generally or sometimes found in conjunction with golf courses. Those permitted under a particular conditional use permit will be dependent upon additional parking capacity, the capacity of the on-site sewer system and the water supply system.
(j) If these uses are to be permitted they must be addressed in the operational plan. Any changes in use requires an amendment to the conditional use permit.
(k) The front yard setback area may be utilized for parking purposes. A parking area located in a front yard setback may not be hard surfaced with asphalt, concrete or similar material. At no time shall a parking lot intrude upon or in any way utilize public right-of-way for parking purposes.
(6) Recreational, educational, institutional facilities, agri-tourism or activities that require a location in a rural area because of a need for seclusion or a natural setting or a large area of land or activities conducted on a permanent, seasonal or scheduled basis subject to the following criteria:
(a) No more than 20% of the land utilized for the activity, with the exception of agri-tourism, shall be designated as prime agricultural land under till, as illustrated by the Carver County geographic information systems (GIS) mapping;
(b) The road authority will grant an access permit;
(c) A certificate of insurance and/or a performance surety may be required;
(d) A stipulation is made in the permit as to the number of persons to be using the facility at any one time;
(e) Any type of special event that will attract or involve more than the number of people stipulated in division (6)(d) above shall require approval of the County Board.
(7) Agricultural activities with a retail component, exceeding the scope of an accessory use or administrative special use permit, subject to the following criteria:
(a) Ninety percent of the products offered for sale shall be grown on-site; and
(b) Sufficient off-street parking must be provided.
(D) Activities allowed as an interim use.
(1) Medical cannabis cultivator, medical cannabis combination business, cannabis testing facility subject to the following criteria:
(a) The business must adhere to all applicable state cannabis ordinances, Office of Cannabis Management license standards and county cannabis registration requirements established by ordinance. The license standards include, but are not limited to, Office of Cannabis Management rules regarding security, standard operating procedures, wastewater, odor and filtration, solid waste disposal, water standards, and energy use.
(b) The business operational area shall not be within 1,000 feet of the nearest property line of a parcel containing a school, church, day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field; or within 500 feet of a neighboring residence not on the same parcel of property existing at the time of application for the permit.
(c) No other cannabis businesses shall be located at the property.
(d) All outdoor growing areas shall be screened from public view and surrounded by a commercial grade fence at least six feet in height.
(e) The operational area of the business shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
The county may authorize an interim use of a property by means of an IUP. These interim uses may be utilized in a temporary manner as approved by the County Board. In reviewing the interim use permit application, the county will establish a specific date or event that will terminate the use of the property. In granting an IUP, the County Board shall consider the effect of the proposed use upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Planning Commission and County Board shall make the following findings where applicable.
(A) General provisions.
(1) The use conforms to the zoning regulations and the policies of the Carver County comprehensive plan.
(2) The date or event that will terminate the use can be identified with certainty.
(3) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
(4) The user agrees to any conditions that the governing body deems appropriate for permission of the use.
(5) Any interim use may be terminated by a change in zoning regulations.
(Ord.70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(A) Minimum criteria for issuance.
(1) If improvements are made, they shall be so designed and constructed that they are not unsightly in appearance to the extent that it will hinder the orderly and harmonious development of the district wherein proposed.
(2) The activity conforms to all other county ordinances, state, and federal regulations.
(3) Minimum five acre lot size; unless another size is specified under a particular provision.
(4) Waste generated shall be treated in accordance with Chapter 52 of this code of ordinances. The county may require design by a registered engineer.
(5) The activity shall be located on a hard surfaced (blacktop or concrete) road unless specific approval for location on a township road is given by the affected township or townships. The Town Board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect.
(6) The activity is of a scale that the demand for support services such as sewer, water, police, fire protection, emergency equipment access, roads or streets, can be accommodated within the context of the service levels available in the commercial agricultural area. Adequate water supply, subsurface sewage treatment system facilities, erosion control and stormwater management are provided in accordance with applicable standards.
(7) The operational characteristics of the proposed activity shall be such that it can be operated on the proposed site and within the current levels of support services and infrastructure. Activities that will have service needs-traffic capacity or roads, waste disposal or management, fire or police protection, sewage treatment and dispersal-that will exceed those available in the area should locate in municipalities where the services are available.
(B) Minimum conditions.
(1) Permit shall be subject to administrative review or compliance review as set by the permit.
(2) The operational plan and site plan shall become part of the permit.
(3) The activity must operate in conformance with the approved site plan and operational plan and other provisions of this chapter. The site plan and operational plan shall become part of the permit.
(4) The applicant must submit a copy of workers compensation insurance or sign an affidavit stating that he or she will not have any employees.
(5) All buildings used in the operation must meet the State Building Code.
(6) The use will be sufficiently compatible with, or separated by sufficient distance from, or screened from adjacent agricultural or residential land uses so that there will be no deterrence to the use or development of adjacent land and uses.
(7) The date or event that will terminate the use shall be identified.
(C) Activities (For the purpose of this section, conditional use permit activities may also be considered and processed as interim uses).
(1) Mining and/or land reclamation involving 10,000 cubic yards or more and no Carver County Water Management Organization or Minnehaha Creek Watershed District permit has been issued when the project involves relocation of more than 10,000 cubic yards of material from the site (allowed in AG Preserve if the principal use remains AG and restoration is suitable for farming).
(a) The permit shall be issued only upon findings that:
1. There is no substantial environmental impact or that the impact will be alleviated through a restoration program and other condition of the permit; and
2. The activity will have no substantial adverse impact on surrounding property or that the impact will be alleviated through the conditions of the permit.
(b) Each permit shall contain the following minimum standards unless modified by the County Board, and all activities shall conform to these and any additional standards.
1. General operating requirements must address operating hours, dust control, housekeeping, safety and specifying compliance review.
2. Minimum requirements for the operation.
(i) Erosion control measures shall be required. Erosion and siltation of the surrounding area shall be prohibited.
(ii) No non-granular material shall be removed unless the permit is specifically for such an operation.
(iii) Vertical faces shall be kept to a minimum except during actual mining.
(iv) Mining shall not take place within 50 feet of a property line. All slopes at property lines shall maintain a 2.5:1 slope or flatter. The setback from the assumed road right-of-way shall be a minimum of 50 feet. The setback from all homes shall be a minimum of 500 feet, excluding the residence of the mine owner and/or permittee. The setback from a bluff shall be a minimum of 100 feet.
(v) The permit shall specify what operations are to occur in the permitted area and what general types of equipment may be used in the operation. The Board may order the exclusive use of white noise beepers on trucks and equipment utilized on the site.
(vi) Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(vii) The maximum permitted operational area for mining shall be 35 acres. Only one active IUP for mining is allowed for a parcel.
(viii) Stockpiles in excess of 1,000 cubic yards shall not be located within the Floodplain Overlay District.
(ix) Any mining within 300 feet of a Class 3 through 8 wetland must include a plan to improve public value(s), in conjunction with any Wetland Conservation Act requirements.
(x) A mandatory traffic study shall be prepared by a licensed engineer.
(xi) The operation must comply with applicable watershed management rules.
(xii) The operation must comply with the applicable road authority review and approval.
3. Site/operational plan. A plan shall be drawn on both a 1 inch = 200 feet half section map and a 1 inch = 200 feet aerial plat showing at a minimum the operational area, mining area, phasing of mining, erosion control measures or structures, restoration areas, type of restoration, and staging of restoration, any areas where mining will be below the water table or result in standing water.
4. Reclamation plan. A reclamation plan must include the grading plans, on-site topsoil replacement, seeding, mulching, erosion control and sedimentation control specifications for each phase and an end use plan for final site restoration. The operator and owner must follow the reclamation plan approved by the County Board. The following minimum standards and conditions apply.
(i) The peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall. No graded slope shall exceed a 5:1 ratio (20%). The final grade slope shall commence at the setback. Berms will be removed to the original elevation of the land, unless the Board has approved a different elevation as part of the end use plan. Restored slopes must be 8:1 or flatter within 500 feet of the top of a bluff.
(ii) Excavated, graded or back-filled areas shall meet the following requirements.
A. All materials used for back-filling in any area of the reclamation shall be free of all contaminants and shall be non-noxious, non-flammable and non-combustible.
B. The graded or back-filled area shall not collect or permit stagnant water to remain therein, unless there is an approved ponding area or wetland restoration or creation.
C. Such graded or back-filled area shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least four inches, and seeded or sodded.
D. Such topsoil as required by the preceding division shall be planted with trees, shrubs, legumes or grasses.
(iii) Seeding and mulching shall be consistent with Minnesota Department of Transportation specifications for rights-of-way. Exceptions to seeding and mulching include areas returned to agricultural production.
(iv) Soil restoration, seeding and mulching must occur within each phase as soon as final grades, or interim grades identified in the phasing plans, have been reached. Exceptions to seeding and mulching include the processing, storage and staging areas within each phase.
(v) Soil erosion and sedimentation control measures shall be consistent with MPCA’s publication entitled “Protecting Water Quality in Urban Areas.”
(vi) Unless otherwise amended or approved by the county, all final grades and site restoration efforts shall be consistent with the reclamation plan.
(vii) When the end-use is some form of open space, the type of vegetative regrowth must provide appropriate habitat for wildlife consistent with the form of end-use.
(viii) The end-use plan shall consider the safe use of the property. The end-use plan shall be consistent with the comprehensive plan and the zoning ordinance.
(ix) Within nine months after completion of mineral extraction or after termination of the permit, all equipment, vehicles, machinery, materials, stockpiles of extracted mineral materials and debris shall be removed from the subject property.
(x) For each phase, within nine months after completion of mineral extraction for that phase, reclamation must be completed. If the permit is terminated earlier, reclamation must be completed within nine months after termination.
(xi) Soil and Water Conservation District and watershed review and recommendations. As a part of the original application for an interim use permit, the applicant shall submit grading plans, phased reclamation plans and water control plans to the Carver County Soil and Water Conservation District and to the governing bodies of the watersheds for review and recommendations. The recommendations on the phased reclamation, grading, soil and water retention plans may be included as conditions of the IUP. The permit may require reforestation. Reforestation requirements shall be based on the recommendation of the Natural Resources Conservation Service and/or the DNR Forester.
5. Performance securities and insurance.
(i) The permittee shall acquire and keep in force for the duration of the permit, liability insurance specifically covering the mining and/or restoration and related operations. The permittee shall provide certification of insurance.
(ii) A performance surety shall be provided. The permit shall specify the amount and type of surety required. The surety, pursuant to the county fee schedule, shall be used to reimburse the county for any monies, labor, or material expended to bring the operation into compliance with the conditions of the permit. The surety may be used after failure to execute the restoration plan. The surety may also be used if there is a failure to execute a phase of a restoration plan specifically scheduled in the permit.
(2) Temporary manufactured homes (allowed in AG Preserve).
(a) General provisions.
1. Location. Temporary manufactured homes shall be located on the same site as the principal residence. The manufactured home shall be located so that land that was in crop production is utilized only to the extent that it is necessary to meet other requirements and provide a feasible location.
2. Removal. At such time as a temporary home ceases to be occupied as required, the home shall be removed within 120 days of the cessation of the required occupancy and no other occupancy shall occur.
3. Temporary manufactured homes shall not be made a permanent structure. The manufactured home shall not be greater than 20 feet in width nor shall an existing manufactured home be replaced with a structure greater than 20 feet in width. Additions other than decks or steps shall not be made to a manufactured home.
4. The applicant shall demonstrate a need to provide the housing.
5. Temporary manufactured homes shall use the existing well.
(b) Farm workers. A manufactured home 20 feet or less in width may be temporarily located on a parcel of 80 acres or more for the purpose of housing farm workers. The parcel must contain one permanent dwelling unit occupied by the owner or operator of the farm and must have one unused residential building eligibility for each temporary home. If the manufactured home is to be located on a parcel with one permanent dwelling, the occupant of the manufactured home must work a minimum of 20 hours per week in the agricultural operation. If the manufactured home is to be located on a parcel with a permanent home and either a farm-related permanent home or a farm-related manufactured home pursuant to this section or “farm related” or “temporary mobile homes” under previous ordinances, then the occupant of the manufactured home must work at least 40 hours per week in the agricultural operation.
(c) Elderly/special needs parent/grandparent. A manufactured home 20 feet or less in width may be temporarily located on a parcel in order to accommodate parents or grandparents with special needs. The subject parcel must conform to all current zoning regulations and include one permanent dwelling. The temporary manufactured home shall also meet all required zoning regulations, including setbacks and applicable separation distances. The elderly or special needs parent or grandparent may occupy either the temporary or permanent home. The principal occupant of each home shall be specified by name in the permit.
(3) Reoccurring special events (allowed in AG Preserve).
(a) Gatherings or events conducted on an annual or periodic basis, typically one or two days in length, which are open to or accessible by the public.
(b) General provisions.
1. Pre-event meeting shall be held with the Department to discuss application.
2. Appropriate road authority shall review and approve the application.
3. Sheriff’s Office shall review the application related to safety and traffic control.
4. Performance surety and/or liability insurance certificate may be requested as part of the application. The decision regarding sureties and insurance would be subsequent to consultation with the County Risk Manager and/or a County Attorney.
5. Applicant must comply with the conditions attached to the permit for the reoccurring event.
(4) Home occupation detached structure (allowed in AG Preserve).
(a) IUPs may be issued for the adaptive re-use of detached accessory structures constructed no less than 15 years prior to the current date. Permits pursuant to this section may provide for expansion of the operation however, the IUP would need to allow for easy conversion to a personal accessory use. The following criteria must be met in order to qualify for this provision:
1. The lot shall be a minimum of 2 acres in size;
2. The structural condition of the building is determined to be sound and not in need of major repair or rehabilitation;
3. The building is of a size, type of construction, or configuration that it is reasonable to expect that it can be efficiently or economically used as an accessory to the principle use;
4. The use shall comply with the home occupation standards pursuant to this chapter, with the exception of the detached accessory structure; and
5. The business shall be located at least 200 feet from neighboring residences, not on the same parcel of property, existing at the time of application for the permit.
(5) Recreational, educational, agri-tourism, and institutional activities that require a location in a rural area because of a need for seclusion or a natural setting or a large area of land and do not require a permanent or significant structure(s) subject to the following criteria:
(a) No more than 20% of the land utilized for the activity, with the exception of agri-tourism shall have been shown to be prime agriculture land under till, as illustrated by the Carver County Geographic Information Systems (GIS) Mapping;
(b) The road authority will grant an access permit;
(c) A certificate of insurance and/or a performance surety may be required;
(d) A stipulation is made in the permit as to the number of persons to be using the site at any one time; and
(e) Any type of special event that will attract or involve more than the number of people stipulated in division (C)(5)(d) above shall require approval of the County Board.
(Ord.70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24) Penalty, see § 152.999
RURAL SERVICE OVERLAY DISTRICT
The following areas–Bongards, Maple, East Union, Gotha, Hollywood and Hollywood Station–with boundaries as shown on the Zoning Map shall be considered Rural Service District under the terms and provisions of this chapter.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
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