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No more than a total of two unlicensed and/or inoperable motor vehicles shall be kept or stored outside a building in any district unless specifically permitted by this chapter or a CUP. On properties less than one and one-half acres in size an accumulation of more than five licensed vehicles located outside a building is prohibited. For the purposes of this section motor vehicles shall include, but are not limited to, cars, trucks, semi tractors and/or semi trailers, boats, motorcycles and recreational vehicles, regardless of whether the vehicle has a motor. The following shall be considered to be equivalent to one unlicensed or inoperable vehicle for the purposes of this chapter:
(A) A vehicle without current registration; or
(B) A vehicle that is not functional or operable; or
(C) An out-of-service item of motorized farm equipment on a parcel less than 20 acres; or
(D) Vehicle parts accumulations of five cubic yards.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(A) Generally. A new lot shall not be created unless it conforms to all of the following requirements. Any action that changes the size, configuration, or shape of a lot is considered to be creating a new lot. The only exception is where changes are being made to correct discrepancies in a legal description or to recognize actual occupation.
(B) Reasonable use. All new lots created must have a reasonable use as defined by this chapter. If there is no reasonable use, the lot shall not be created.
(C) Minimum lot area requirements.
(1) Lots for a dwelling unit under the 1/40 (one per quarter-quarter) provision shall have the following minimum lot sizes: 1½ acres in non-shoreland; 1½ acres in shoreland of rivers or watercourse, general or recreational development lakes; 2 acres in shoreland of natural environment lakes.
(2) Lots for a dwelling unit under the density options and all conditional use provisions shall have the following minimum lot size: 2½ acres unless a different size is specified in the requirements for a permit.
(3) A parcel for which agriculture is the only reasonable use as defined by this chapter must be a minimum of 20 acres.
(D) Road frontage, lot width and depth.
(1) Road frontage. All new lots shall have frontage on a public road or be attached to an adjacent parcel having the required road frontage; minimum road frontage is 125 feet.
(2) Minimum width. One hundred twenty-five feet with 125 feet of frontage on a public road existing at the time of application or the minimum width required to maintain width to depth ratio, whichever is greater. The required minimum width of a specified lot must be maintained for the entire depth of the lot except where the lot is located on a cul-de-sac.
(3) Minimum lot depth. One hundred twenty-five feet.
(4) Width to depth ratio. Depth of the lot shall not exceed five times the width. Road frontage of 500 feet or more will support a lot of any depth.
(5) Minimum width for lots in the Shoreland Overlay District.
(a) Natural environment lakes - 200 feet;
(b) Recreational development lakes - 150 feet;
(c) General development lakes - 150 feet;
(d) Protected rivers and watercourses - 150 feet.
(E) Lot configuration. Lot configuration for new lots containing a home and associated buildings that existed prior to July 1, 1974: If the buildings are located such that to meet the requirements above would utilize more than five acres of long term agricultural land, then lot configuration may be as follows:
(1) Minimum road frontage and lot width - 66 feet. This 66 feet shall either include the existing driveway or a new driveway that is constructed to minimize the severing of tilled land.
(2) Lot width will be measured at the building location and must be such that the side yard setbacks of the zoning district are met for all existing buildings.
(3) Lot depth shall be such that the distance from the buildings to the rear lot line meets the rear yard setback of the zoning district.
(4) Lot shall be configured so that there is an area that can be utilized for an alternate SSTS.
(F) Use of prime AG land. Lots of less than 20 acres created for a new residential building site shall contain no more than 2 acres of prime agricultural land under till. No land subdivision involving an existing residential parcel shall result in the parcel containing more than two acres of land with prime agricultural soils. The setbacks as required by this chapter shall not be included in the calculation.
(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)
(A) No reduction in setback. No setback existing upon the effective date of this chapter shall be reduced in area or dimension so as to make the setback less than the minimum required by this chapter.
(B) Existing buildings on new lots. Any new lot created that contains existing buildings must be configured so that all setback requirements from new lot lines are met.
(C) Exemptions. The following shall not be subject to setback requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilaster, lintels, cornices, eaves, gutters, provided they do not extend more than two feet into a setback area;
(2) Yard lights and signs provided they are located three feet or more from all lot lines. Luminaries must be full-cutoff or fully shielded. Lights for illuminated parking or loading areas or yards for safety and security purposes may be installed where necessary provided that glare is not visible from public right-of-way or adjacent residential property and not more than three foot candles of light intensity is present at a residential property line;
(3) In the front yard, balconies that extend a distance of four feet or less, provided they are seven feet or more above grade at the building line. Also steps, driveways, stoops, and uncovered porches which do not extend in elevation above the ground floor level of the principal building;
(4) In the side yard, terraces, steps, uncovered porches or stoops which do not extend in elevation above the height of the ground floor level of the principal building; and
(5) In the rear yard, recreation equipment, parking, driveways, patios.
(D) Table of setback requirements. All structures unless exempted above; and signs and parking areas near a public right-of-way:
Side Lot Line Setbacks | All Districts | 15 feet |
Rear Lot Line Setback | All Districts | 30 feet |
Bluff Setback–All Structures Bluff Impact Zone | All Districts | Structures 50 feet; 100 feet for actively eroding bluffs. The clear-cutting of existing natural vegetation or other disturbance is prohibited. |
Front Setbacks | The front setback shall be required from any public road or private road serving the function of a public road. Front setbacks are measured from the center of the road. R-O-W shall be the typical planned right-of-way. | |
Wetlands | All Districts | As required by the Carver County Water Management Organization, Minnehaha Creek Watershed District, this chapter, or Minnesota Wetland Conservation Act, as applicable.
|
Future Functional Class of Road as Shown in Roadway Systems Plan Figure 4.13 | Setback from Centerline | Reduced Setback* | R-O-W | Reduced R-O-W |
Future Functional Class of Road as Shown in Roadway Systems Plan Figure 4.13 | Setback from Centerline | Reduced Setback* | R-O-W | Reduced R-O-W |
Principal arterial not in Shoreland District | 145 | 90 | 200 | 130 |
Principal arterial in Shoreland District | 150 | Right-of-way plus 50 ft. | 200 | 130 |
Minor reliever, connector, expander, or other arterial not in Shoreland District | 120 | 80 | 150 | 110 |
Minor reliever, connector, expander, or other arterial in Shoreland District | 125 | Right-of-way plus 50 ft. | 150 | 110 |
Collector (major and minor) roads not in Shoreland District | 95 | 75 | 120 | 100 |
Collector (major and minor) roads in Shoreland District | 110 | Right-of-way plus 50 ft. | 120 | 100 |
Local roads not in Shoreland District | 68 | N/A | 66 | |
Local roads in Shoreland District | 68 | N/A | 66 | |
In a case where the actual R-O-W plus 35 feet results in a greater setback requirement; this greater requirement shall be enforced. Right-of-way for county roadways with a corridor study shall be designated per the study. | ||||
In a case where a cul-de-sac is present, the front setback shall be measured from the center of the cul-de-sac. No structure shall be closer than 35 feet from the exterior radius of a cul-de-sac. | ||||
Setbacks from Ordinary High Water Level in Shoreland District | Setback Required for Structures | Setback Required for SSTS |
Setbacks from Ordinary High Water Level in Shoreland District | Setback Required for Structures | Setback Required for SSTS |
Natural environment lake | 150 | as required by Chapter 52 |
Recreational development lake | 100 | as required by Chapter 52 |
General development lake | 75 | as required by Chapter 52 |
Agriculture, urban and tributary rivers | 100 | as required by Chapter 52 |
When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions. | ||
Structures and sewage treatment systems must meet setbacks from the ordinary high water level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with § 152.118.1, may be set back a minimum distance of ten feet from the OHWL. | ||
* Provision for reduction of front setback: The front setback may be reduced by the Department to the value shown, provided the applicant demonstrates need; and, the responsible road authority submits a statement certifying that the reduction will not impair any planned widening, relocation, repair, upgrading, construction or similar activity. | ||
NOTICE: The SSTS regulations, Chapter 52, feedlot management regulations, Chapter 54, water and wetland rules, Chapter 153, and sign regulations, Chapter 154 of this code of ordinances contain setback provisions that may affect the placement of buildings and structures. All setback provisions of those chapters must be maintained. | ||
(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)
(A) Treatment required. All sewage generated by human occupancy, habitation or activity shall be properly managed in accordance with Chapter 52 of this code of ordinances or be treated in a municipal wastewater treatment system.
(B) Standard for new systems. Permits shall be issued, building eligibilities granted, or a site shall be considered suitable for the construction of new residences or other activities requiring sewage treatment by an SSTS on land that has a minimum of 12 inches of separation between the periodically saturated soil or other limiting factor and the surface of the soil in its original, natural state. This separation shall be demonstrated by the submission of soil borings, provided by a licensed SSTS designer and verified by the Environmental Services Department, identifying a primary and alternate SSTS site as required in Chapter 52 of this code of ordinances.
(C) New lots. New lots less than 20 acres which are intended for a land use which will require an SSTS shall not be created unless a plan showing two soil treatment sites, a primary site and alternate site is submitted. Suitability of the sites shall be documented by the submission of a soil borings by a licensed SSTS designer. The plan shall clearly show the location of both the primary and alternate SSTS sites. Lots of 20 acres or more shall contain at least two acres of soils that will accommodate an SSTS that meets Minn. Rules Chapter 7080, based on the USDA Web Soil Survey. The Department after consultation with the Environmental Services Department may require the identification of two soil treatment sites as provided for lots of greater than 20 acres.
(D) New lots containing existing uses. New lots which contain an existing land use required to utilize an SSTS shall not be created unless the existing SSTS is issued a certificate of compliance or a guarantee is provided that ensures the issuance of a certificate of compliance within ten months of the application approval date or the time required by Chapter 52 of this code of ordinances, whichever is more restrictive. Lots of less than 20 acres shall submit a plan with soil borings for an alternate SSTS site. The plan shall include a soil borings report for the site, which has been prepared by a licensed SSTS designer. A certificate of compliance and an alternate SSTS site shall not be required when the lot is the result of a land exchange for purposes of correcting errors in legal descriptions, changing legal descriptions to reflect lines of occupation, or the attachment of land to an existing parcel to provide land to accommodate an SSTS upgrade or to bring a nonconforming lot into conformity. For the purpose of this section, a new lot shall be any parcel, parent parcel, or remnant parcel created as the result of a minor subdivision or plat application, pursuant to Chapter 151 of this code of ordinances.
(E) Issuance of permits; SSTS compliance required. In all districts, for all systems which have been determined to be a direct discharge, imminent health threat, or for which there are no county SSTS records existing on the property at the time of application, a permit shall not be issued unless the requirements of § 152.122 are met.
(F) Protection of primary and alternate SSTS sites. On parcels where an SSTS site plan has been submitted, the primary and alternate sites shall be protected from activities that may render the sites unsuitable for future SSTS use. The sites shall be staked and flagged so they are clearly identified. The sites shall not be disturbed and shall be left in their natural state until the SSTS is constructed. No buildings shall be erected on the sites nor shall the sites be used for parking vehicles. Heavy equipment must be kept off the sites and no trees shall be planted on the sites. If either site has been disturbed or rendered unusable, a plan including soil borings identifying a new SSTS site(s) shall be submitted.
(G) Permit review. All permits that include activities that may affect the ability to locate an alternate SSTS site on a parcel shall be reviewed to ensure that a feasible alternate SSTS site is preserved. The Department, in consultation with the Environmental Services Department, may require soil borings to identify a suitable alternate SSTS site.
(H) Temporary uses. Temporary uses, such as construction and similar activities, and other uses permitted pursuant to this chapter which may exist for a short period of time and have a number of people on the premises that cannot be accommodated by an existing SSTS may be required to provide additional auxiliary sanitary facilities.
(Ord. 47, passed 7-23-02; Am. Ord. 64-2008, passed 4-8-08; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(A) Relation to road authority. Nothing in this chapter shall abrogate the ability of a road authority to approve, deny, or require modification of an access, require a permit for an access, develop and impose standards and conditions for an access. Approval by the Department of an access pursuant to this chapter shall not constitute approval by the road authority nor shall approval by the Department require that the road authority approve the access.
(B) Number of accesses limited. With the exception of field access drives, any principal use of land requiring access to a public road shall be limited to a single access connection. All parcels shall be limited to a single access, unless through the conditional, interim, or accessory use permitting process an additional access is supported by the operational plan and/or site plan, it is approved by the road authority, and it meets the standards of this chapter.
(C) Field access drives. A new or existing field entrance is exempt from the standards of this chapter provided all other permitting requirements of the road authority are met. An access connection to a farmstead, feedlot or farm-related structures are not considered a field entrance, and must comply with the standards of this chapter. If a different use for a property served by an existing field entrance is proposed, the presence of a field entrance shall not be construed as a right to continue that access connection. When the use of the property changes to a nonexempt use, compliance with the standards of this chapter shall be required, which shall include compliance with access permit requirements.
(D) Access to state highways.
(1) All new driveways for residential, commercial or zoning permits shall be constructed in accordance with State of Minnesota adopted standards and policy, per Minnesota Department of Transportation (MnDOT) regulations.
(2) Authorization to construct or alter an access to a state highway shall consist of a permit signed by the MnDOT Engineer or authorized representative. No access shall be constructed or altered to a state highway until such permit has been obtained.
(3) All existing driveway or field access locations may be modified, closed or altered as a conditional approval for any plat approval, zoning permit, grading permit or building permit issued by the county.
(4) Turn and/or by-pass lanes may be required as a condition of approval for certain traffic generating land uses (i.e. permitted, conditional or interim use) as determined by the MnDOT Engineer or authorized representative.
(E) Access to county roads.
(1) All new driveways for residential, commercial or zoning permits shall be constructed in accordance with county adopted standards and policy.
(2) Prior to submitting a subdivision application, the applicant shall demonstrate access to the parcel.
(a) If the proposed access is on a county road an approved access permit is required prior to subdivision approval.
(b) If the proposed access is a shared access on a county road an approved access permit is required prior to subdivision approval.
(c) For shared access locations an easement needs to be recorded on all properties, where applicable.
(3) Authorization to construct or alter an access to a county road shall consist of a permit signed by the County Engineer or authorized representative. No access shall be constructed or altered to a county road until such permit has been obtained.
(4) All existing driveway or field access locations may be modified, closed or altered as a conditional approval for any plat approval, zoning permit, grading permit or building permit issued by the county.
(5) Turn and/or by-pass lanes may be required as a condition of approval for certain traffic generating land uses (i.e. permitted, conditional or interim use) as determined by the County Engineer or authorized representative.
(F) Access to township roads. All private accesses to a public road other than field access drives shall meet a 100-foot access separation. The separation standards shall apply to the side of the road where the access is located. In cases where the road frontage of a lot of record is insufficient to permit adequate separation, an access not meeting the standards may be permitted. The access shall be located as required by the road authority; if the road authority has no preference the access shall be located as far as possible from accesses on either side.
(1) Authorization to construct or alter a driveway on a township road shall consist of a permit signed by a representative of the Town Board.
(2) Driveways shall be constructed in accordance with township standards.
(3) No driveway shall be constructed to a township road until such permit has been obtained.
(G) Accesses near intersections. In addition to the required minimum lot area and dimensions contained in this chapter, all corner lots shall be of adequate dimension to accommodate corner clearances specified below. When a private access is requested near the intersection of two roads the following shall apply:
(1) For a county road and a township road, access on the township road shall be at least 1/8 mile (660 ft.) From the intersection of the county road and shall not be located within any turn lane serving the county road intersection.
(2) For two township roads, on the road of higher classification, the access shall be no closer than 300 feet from the center of the proposed access to the center of the intersecting public road;
(3) For two township roads, on the road of lower classification, the access shall be no closer than 150 feet from the center of the proposed access to the center of the intersecting public road;
(4) At an intersection of two roads with the same functional classification, the road with the higher traffic volume shall be considered the road of higher classification;
(5) Accesses shall not be located within any turn lane or bypass lane.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21)
(A) Height regulations. All structures shall have a maximum height of 35 feet except those structures specifically excepted below and subject to the provisions thereof.
(B) Height limitations; exceptions. The maximum height as stated above shall be increased to 100 feet for the following: belfries, church spires and steeples, cooling towers, flagpoles, smokestacks, water towers, farm accessory structures and similar structures. The structure shall be located at least the height of the structure plus 10 feet from any lot line. Structures in excess of 100 feet shall be permitted only upon issuance of a CUP. For a structure of 200 feet or more in height, the procedures of Minn. Rules 8800.0100 through 8800.1200, as they may be amended from time to time, shall be observed. Wireless communications facilities are regulated by §§ 152.052 and 152.056. Energy production facilities are regulated by § 152.057.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(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)
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