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(A) General provisions.
(1) The Department and the County Board of Commissioners shall have the authority to modify parking standards for special use and conditional use permits, when applicable.
(2) Existing off-street parking spaces upon the effective date of this chapter shall not be reduced in number unless the number exceeds the requirements set forth herein for a similar new use.
(3) The owner or occupant of all land parcels in the unincorporated area of Carver County shall provide off-street parking as set forth in this chapter to alleviate or prevent congestion of the public right-of-way and promote the safety and general welfare of the public.
(4) Should a building, structure or use in existence upon the effective date of this chapter be damaged or destroyed by fire or other cause, it may be re-established according to standards regarding any nonconformities but in doing so the number of off-street parking spaces which existed must be retained and should plans be proposed for enlarging the floor area, seating capacity or other facilities which would affect the parking spaces, shall be enlarged accordingly.
(5) Calculating parking space.
(a) Benches. In churches, recreation facilities, and other places of public assembly in which patrons or spectators occupy benches, pews or similar seating facilities, each 22 inches of the seating facility shall be counted as one seat for the purposes of determining requirements for off- street parking facilities under this chapter.
(b) Fractions. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.
(c) Multiple uses. Should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.
(6) Location.
(a) In all zoning districts, any off-street parking space shall not be designated within the actual or prescriptive road right-of-way, whichever is greater.
(b) The parking spaces must not create unsafe traffic or pedestrian conditions.
(B) Parking lot design.
(1) Off-street parking areas shall be surfaced to control dust and shall be drained to dispose of all surface water accumulation within the parking area in accordance with the County Erosion Control and Water Management Plan. All surfacing must be completed prior to the occupancy of the structure, unless otherwise approved by the Department and/or County Board of Commissioners.
(2) Each parking space shall be unobstructed and not less than 9 feet wide and 20 feet in length, plus adequate system of access.
(3) The grade elevation of any parking area shall not exceed 5% except as approved by the Department.
(4) Disability accessible parking spaces shall be provided as applicable pursuant to M.S. § 169.346, as it may be amended from time to time.
(C) Minimum off-street parking requirements.
(1) Schools, elementary and junior high. At least one parking space for each classroom plus one additional space for each 100 student capacity and each administration employee.
(2) High school through college. At least one parking space for each classroom plus one additional space for each five students based on designed capacity and for each administration employee.
(3) Churches and clubs. At least one parking space for each three seats based on the design capacity of the main assembly hall.
(4) Recreational facilities. At least one parking space for each eight seats designed capacity.
(5) Golf course. Twenty spaces, plus three spaces per hole. If a restaurant and/or bar is established, one additional space per four seats is required. Additional requirements may be added if additional activities are proposed.
(6) Minimum convenience shopping. At least four parking spaces plus three for each service stall.
(7) Agricultural support. Four parking spaces plus one parking space for each 800 square feet of the first 1,000 feet of space.
(8) Manufacturing, fabricating or processing of a product or material. Four parking spaces plus one for each 400 square feet of floor area.
(9) Other uses. Spaces for uses not listed shall use be calculated by the land management department based on, but not limited to, the characteristics for similar uses and professional studies prepared by American Planning Association or Institute of Traffic Engineers.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
(Note: many of these standards pertain to state or federal jurisdiction and are referenced as such.)
(A) Purpose: The guiding of development so as to create a compatible relationship of uses depends upon certain standards being maintained.
(B) Uses permitted in the various districts, conditional and accessory uses, shall conform to the following standards:
(1) Semi-trailers, railroad cars, or similar equipment shall not be used as commercial or residential accessory structures.
(2) A single cargo container may be used for permanent personal storage or as an agricultural storage structure on a legally described parcel, provided the following conditions can be met:
(a) The subject parcel is a minimum of five acres.
(b) The subject parcel shall not exceed the maximum allowed square footage for personal storage as listed in § 152.073, unless a variance has been approved.
(c) The cargo container meets all applicable setbacks and separation distance as required by the county zoning code.
(d) A building permit for the placement of the cargo container is obtained.
(e) The cargo container meets all applicable requirements of the building code.
(f) The cargo container does not exceed 320 square feet.
(g) The cargo container is a neutral color, and is prohibited from displaying any logo, sign, advertising, or message as regulated by Chapter 154 (Sign Regulations).
(h) Screening consisting of a berm (2:1 maximum slope with supplemental plant materials including trees, shrubs, and groundcovers) and/or a continuous evergreen vegetative buffer shall be provided and maintained at all times around the perimeter of a cargo container that faces (a) public road right-of-way within 250 feet of the structure, (b) an existing residence or farmstead within 300 feet of the structure not on the subject parcel, or (c) residentially zoned or platted property within 300 feet of the structure.
(3) In addition to the above, a single cargo container may be used for temporary storage during a permitted construction project provided it is shown on the approved site plan for the project. The cargo container shall be removed from the property prior to the project receiving any final approval(s).
(4) In addition to the above, a single cargo container may be used for the temporary storage of an owner or a tenant’s personal belongings during the process of moving in or out of a residential dwelling or commercial location. The temporary cargo container shall not exceed 320 square feet and shall not remain longer than 60 days.
(5) Vibration. Any use creating periodic earth shaking vibrations such as may be created from a drop forge shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.
(6) Glare or heat. Any use requiring an operation producing an intense heat or direct light transmission shall be performed with the necessary shielding to prevent the heat or direct light from being detectable at the lot line on the site on which the use is located.
(7) Explosives. Any use requiring the storage, utilization or manufacturing of Class A explosives shall be located not less than 400 feet from the lot line.
(8) Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on the public streets, safety hazards and excessive traffic through residential areas. Traffic into and out of all commercial and industrial uses and areas shall in all cases be forward moving, with no backing onto streets or pedestrian ways.
(9) Standards relating to noise, air emissions, toxic and noxious matter, radiation and electro- magnetic emissions are regulated by state and/or federal laws. Compliance with the laws shall be as determined by the appropriate state and/or federal regulatory agency, except as regulated by another county ordinance.
(10) Slopes in excess of 18% shall be left in their natural state unless the alteration of the slope is unavoidable, there are no viable alternatives, and the alteration conforms to all other county requirements. Alterations shall be designed and approved by a registered engineer. Activities intended to stop slumping or erosion shall be exempt from this standard if approved by the SWCD.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(A) Purpose. The screening of activities conducted under a conditional use permit, interim use permit or variance issued under this chapter may be required as a condition of a permit or variance to break up the visual profile in an aesthetically pleasing manner.
(B) If screening is required as a condition, the following standards shall be complied with:
(1) A planting strip shall consist of evergreens, deciduous trees, shrubs and/or plants of a sufficient density to compose a substantially opaque visual screen and reasonable buffer viewed at a 90 degree angle from the planting strip.
(2) A planting strip shall be designed to provide visual screening to a minimum height of six feet. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the Land Management Department. An earth berm may be used but shall not be used to achieve more than eight feet of the required screen. The planting plan and type of plantings shall require the approval of the Planning Department.
(3) Plant material centers shall not be located closer than three feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the Planning Department.
(4) Where massing of plants or screening is intended, large deciduous shrubs shall be planted four feet on center or closer, and/or, evergreen shrubs shall be planted eight feet on center or closer.
(5) Trees and shrubs shall not be planted in the right-of-way.
(6) Trees and shrubs shall not be planted in or across any recorded easement.
(7) All plants required as part of an approved screening plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved screening plan.
(8) All new plants shall be guaranteed for a full growing season from the time planting has been completed. All plants shall be alive, of good quality, and diseases free at the end of the warranty period or be replaced. Any replacements shall be warranted for a full growing season from the time of planting. The growing season is herein defined as the period from June 1 to September 30.
(9) Planting operations shall be conducted under favorable weather conditions during one of the following planting seasons as specified herein. For deciduous plant materials, spring planting should occur from April 1 to June 1; and fall planting from September 30 to November 15. For coniferous plant materials, spring planting should occur from April 1 to May 15; and fall planting from August 15 to October 15.
(10) Any proposed modifications to these landscape requirements must consider a site- specific design solution if site conditions are deemed appropriate and other functional requirements (screening, etc.) are met.
(11) Financial surety pursuant to the Carver County Fee Schedule may be required to insure the establishment of the required screening. If required, the following standards shall apply:
(a) The responsible party shall provide surety for the performance of the work described and delineated on the approved landscape plan and any related remedial work.
(b) The acreage on which the financial surety is calculated is based on the width of a ten-foot wide planting strip multiplied by the length of installation of the planting material or total length of berm.
(c) The form and conditions of the surety shall be as follows:
1. Deposit, either with the county or a responsible escrow agent, cash escrow. The financial assurance must be in a form acceptable to the county and from a surety licensed to do business in the State of Minnesota.
2. The financial assurance shall be in favor of the county and conditioned upon the applicant's performance of the authorized activity in compliance with the permit and applicable laws, including this chapter, and the payment when due of any fees or other charges authorized or required by the permit and this chapter. The financial assurance shall state that in the event the conditions of the financial assurance are not met, the county may make a claim against it. The county shall be authorized to make a claim or draw against the surety after any default by the responsible party under the permit or these rules.
3. If at any time during the course of the work or the initial two growing seasons the financial surety amount falls below 50% of the required deposit, the responsible party shall make another deposit in the amount necessary to restore the cash deposit to the required amount.
4. If the responsible party does not bring the financial surety back up to the required amount within seven days after notification by the county that the amount has fallen below 50% of the required amount the county may take such legal action as specified in § 152.999 of this chapter.
5. The county shall be authorized to make a claim or draw against the surety after any default by the responsible party under the permit or this chapter.
6. The county may use funds from this surety to finance remedial work undertaken by the county or a private contractor and to reimburse the county for all costs incurred in the process of remedial work including, but not limited to, staff time and attorney's fees under the following circumstances:
i. The responsible party ceases land altering activities and abandons the work site prior to completion of the screening plan;
ii. The responsible party fails to conform to the screening plan as approved by the county;
iii. The screening techniques utilized under the screening plan are not maintained during site construction, for the initial two growing seasons after being planted; or
iv. The responsible party fails to reimburse the county for corrective action.
7. The surety deposited with the county for faithful performance of the screening plan and any related remedial work to finance necessary remedial work shall be released after the practices identified in the screening plan have been installed, two full growing seasons have elapsed from the time of planting, and a final inspection has been completed by the county.
8. The county may return a portion of the financial surety submitted to assure performance if the county determines that the entire amount is no longer required to ensure compliance with permit conditions and rules.
(Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
ESSENTIAL SERVICES
(A) Land uses that serve a public need, or are deemed beneficial or essential to the public health and safety, welfare, or serving a public good of the community as determined by the County Board are considered essential services. These land uses, being necessary for the public health, safety, and welfare, and serving a public good, may be located in any area where it is essential to perform their function, provided the applicant demonstrates that the location is essential to perform the function and an appropriate siting process is utilized. The factors to be considered in the siting process include those set forth in the comprehensive plan and other factors applicable to the nature of the activity being proposed. The provisions of the zoning and overlay districts may be given consideration when considering an application for a conditional use permit when one is required, but the provisions shall not prohibit the location of essential services in any district.
(B) An essential service would typically fall into one or more of the following categories of activities:
(1) Governmental uses, buildings, and storage. Governmental services such as office buildings, garages, temporary open space, open storage when not a principal use, fire and police stations, parks and recreational areas, training centers, correctional facilities or other essential uses proposed by federal, state, county, local, special districts, and school districts.
(2) Public or private utility primary uses, energy production, transmission services, buildings, structures, towers, and storage. Transmission services such as electrical power lines of a voltage of 35 KV or greater, or bulk gas or fuel being transferred from station to station and not intended for en-route consumption or other similar equipment and accessories.
(3) Public or private utility accessory uses. Underground or overhead electrical, gas, steam or water distribution systems, collection, communications, supply or disposal system, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories; but not including buildings or transmission services.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
The following are permitted uses in all districts:
(A) Transmission systems designed for en-route consumption are permitted uses in all zoning districts and may be installed within the public right-of-way and easements according to the standards of the responsible authority and after receiving approval from the responsible road authority. Essential services extended from the system to serve a single parcel of land abutting a public right-of-way or easement are not subject to height, yard and setback regulations, certificate of occupancy or other than the approval of the owner. Should a non-public easement be desired for installation of an essential service which will serve more than one parcel of land, the easement shall require approval under the conditional use permit provisions;
(B) Towers and antennas 100 feet in height above ground level (AGL) or less, which are not wireless communications facilities. These personal use facilities, including, but not limited to, television, CB radio, farm and business communications, and wind generators are permitted upon the issuance of a building permit provided the proposed use serves only the subject parcel and the structure is located a distance at least the total height of the structure plus ten feet from any lot line;
(C) Amateur radio support structures. Amateur radio support structures (towers) shall not exceed a height above ground level of 100 feet, unless a conditional use permit has been granted. They shall be mounted on the roof of a dwelling or other building or located in the rear yard unless there is not sufficient space to erect them in those locations. They shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of experimental nature of the amateur radio service, antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer’s specifications;
(D) Public roads, streets, highways, cartways, and trails; and
(E) Stormwater management system and structures including public ditches constructed pursuant to M.S. Chapter 103E, as it may be amended from time to time.
(F) All requests, with provided documentation, which identifies a project as being under the jurisdiction of a state or federal regulatory commission (Federal Energy Regulatory Commission (FERC), Public Utilities Commission (PUC), etc.).
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
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