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(A) General provisions.
(1) Pre-application meeting required. A pre-application meeting with county land management staff is required prior to application for a land development permit that requires a public hearing. The following items shall be reviewed and approved prior to the submittal of an application for a large energy production system:
(a) Existing conditions site plan;
(b) Proposed conditions site plan;
(c) Site plan showing the proposed operational area, access road(s), any accessory uses, and their dimensions in relation to the agricultural production land and/or environmentally sensitive land, as defined by this chapter, on the subject parcel;
(d) Written approval for road access from the applicable road authority (township, county, state, etc.);
(e) Proposed grading plan;
(f) Location for all permanent and temporary stormwater control measures, when
applicable;
(g) Wetland delineation report, if required;
(h) Preliminary vegetation and seeding plan for all perennial vegetation; and
(i) Preliminary decommissioning plan.
(2) No energy production system requiring a CUP is permitted on land enrolled in the Metropolitan Agricultural Preserve Program (M.S. Chapter 473H).
(3) The conversion of existing wooded areas for the placement of an energy production system is prohibited.
(4) No more than 75% of the operational area for any large energy production system shall be existing agricultural production land and/or environmentally sensitive areas. This standard applies to the operational area, all access roads, and any accessory uses/structures.
(5) Operational area(s) of any large energy production system, including fencing, the base of a WECS, solar arrays, and any accessory uses shall be located a minimum of one mile from the operational area(s) of any other permitted large energy production system or wireless communication tower in the county.
(6) All energy production systems and accessory equipment shall be in compliance with any applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; and the Minnesota State Electric Code, as amended.
(7) All energy production systems and accessory equipment shall be in compliance with Carver County Water Management Organization, Chapter 153.
(8) Application. An application to the county for a conditional use permit under this section is not complete unless it contains the following:
(a) Site plan of existing conditions;
(b) Site plan of proposed conditions;
(c) 1. Site plan showing the proposed operational area, access road(s), any accessory uses, and their dimensions, in relation to the agricultural production land and/or environmentally sensitive land, as defined by this chapter, on the subject parcel.
2. Site plan shall include area calculations for agricultural production land and/or environmentally sensitive land, shown as a percentage of the overall project area.
(d) Manufacturer’s specifications and recommended installation methods for all major equipment;
(e) A description of the method of connecting the array to a building or substation;
(f) A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary; and
(g) A decommissioning plan to ensure that facilities are properly removed after their useful life. Decommissioning of an energy production system must occur within 180 days in the event the system is not in use for 12 consecutive months. All items associated with the discontinued use shall be defined as solid waste, in accordance with Chapter 50 of the Carver County Code of Ordinances. The decommissioning plan shall include a bond, letter of credit, or the establishment of an escrow account in the name of the landowner, to ensure proper decommissioning. Any cost incurred by the county for the decommissioning of a discontinued system, as a result of an inadequate financial surety, shall be assessed back to the landowner under M.S. § 375.18, subd. 14, as amended. The plan shall consist of the following:
1. The removal of all structures and foundations.
2. The removal of all power poles, cables/wiring and electrical devices associated with the project.
3. The removal of all access roads and parking areas.
4. The disposal of all power poles, cable/wiring, electrical devices, structures and/or foundations shall meet the provisions of the Carver County Solid Waste Ordinance or successor ordinance.
5. The permanent restoration of the site including the following:
i. Site cleanup followed by general surface grading and, if necessary, restoration or surface drainage swales, ditches, and tile drains (if present).
ii. Any excavation and/or trenching caused by the removal of building or equipment foundations, rack supports, and underground electrical cables will be backfilled with the appropriate material and leveled to match the ground surface.
iii. The roads and parking areas will be removed completely, filled with suitable sub-grade material, and leveled.
6. Further restoration of soil and vegetation of the site as necessary to minimize erosion.
(B) Wind energy conversion system (WECS).
(1) General provisions.
(a) Setbacks. All WECS and accessory structures shall meet the setback requirements for the zoning district in which the project is located and be setback at least 1.1 times the total height of the wind turbine from neighboring property lines and right-of-way.
(b) Color and finish. All towers shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matte or non-reflective.
(c) Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
(d) Noise. All WECS shall comply with Minn. Rules Chapter 7030, as amended, governing noise.
(e) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(f) Unauthorized climbing. The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by design or enclosed by a six foot high, unclimbable fence with a secured access.
(g) Application. An application to the county for a conditional use permit under this section is not complete unless it contains the following:
1. The number of wind turbines to be installed.
2. FAA permit application.
3. A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS.
4. Location of all known communications towers within two miles of the proposed WECS.
5. Description of potential impacts on nearby WECS and wind resources on adjacent properties.
6. Engineering certification. For all large WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(2) Activities.
(a) Small WECS.
1. Permitted use. Small WECS shall be permitted in all districts with the issuance of a building permit.
2. Height. The maximum height for small WECS is 100 feet above ground level (AGL), including appurtenances. The height of a tower shall be measured from the base of the structure to the furthest tip of the rotor blade.
3. Setbacks. Small WECS shall be located at least the height of the structure plus ten feet from any lot line.
4. Capacity. Total name plate generating capacity must be less than 40 kW.
(b) Large WECS.
1. Conditional use. Large WECS shall be no more than one megawatt (MW) in total name plate generating capacity and shall be permitted with the issuance of a CUP pursuant to § 152.052.
2. Height regulations. For a structure of 200 feet or more in height, the procedures of Minn. Rules Parts 8800.0100 through 8800.1200, as they may be amended from time to time, shall be observed.
3. Separation distance. For WECS the separation distance from on-site dwellings shall be 1.1 times the total height of the wind turbine and 750 feet from dwellings on adjacent properties.
(C) Solar energy system (SES).
(1) General provisions.
(a) Setbacks. SES shall meet the structure setback requirements.
(b) Approved solar components. Electric solar system components shall have an Underwriters Laboratory (UL) listing.
(c) Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the Department that the owner has notified the utility company of the customer’s intent to install an interconnected customer owned generator. Off-grid systems are exempt from this requirement.
(d) Application. An application to the county for a conditional use permit under this section is not complete unless it contains the following additional information:
1. The number of panels to be installed;
2. A landscaping/screening plan, including a narrative describing the overarching landscape architecture elements and how the design and placement of plant types and materials will complement the form and function of the developed site and blend into the surrounding environment, shall be prepared by a licensed landscape architect for submittal with the application. Applicants may also be asked to submit renderings of the landscape plan at year one, year three and year five.
(2) Activities.
(a) Small SES.
1. Permitted use. Small SES shall be permitted on parcels with an existing single- family home.
2. Height. Building- or roof-mounted SES shall not exceed 35 feet. Ground- or pole- mounted SES shall not exceed 20 feet in height when orientated at maximum tilt.
3. Maximum coverage.
a. For detached garages or accessory structures. In addition to meeting all regulations required by the most current MN State Building Code and Chapter 150 of this code, roof- or building-mounted solar systems, excluding building-integrated systems, shall not cover more than 80% of the south-facing or flat roof upon which the panels are mounted.
b. For attached garages or residential structures. Shall meet all requirements of the most current MN State Building Code and Chapter 150 of this code.
(b) Large SES.
1. Conditional use. Large SES shall be no more than one megawatt (MW) alternating current (AC) rated capacity and shall be permitted with the issuance of a CUP pursuant to § 152.052.
2. Standards.
i. Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
ii. Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exceptions may be granted by the Department in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
iii. Foundation posts shall be installed using noise mitigating equipment such as a vibrating post driver or any other noise reduction method as may be stipulated by the CUP.
iv. Operational areas(s), including fencing and solar array, shall be located a minimum of 50 feet from adjacent property lines and/or public rights-of-way and 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
v. Vegetation maintenance required. All approved large SES shall be required to complete maintenance of all screening and vegetative cover no less than four times per calendar year for the duration of the permit. Written documentation of completed maintenance shall be provided to the county on a quarterly basis.
vi. Screening. 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 the fencing that faces: (1) public road right-of-way within 500 feet of the operational area; (2) an existing residence or farmstead within 750 feet of the operational area not on the subject parcel; or (3) residentially zoned or platted property within 750 feet of the operational area. When required, these distances shall be reviewed and possibly amended by the Planning Commission or County Board of Commissioners.
vii. Financial surety shall be provided to insure the establishment and maintenance of any required screening pursuant to the Carver County Fee Schedule. Financial surety shall be held for at least two consecutive growing seasons or until such time where staff has deemed the screening vegetation to be established.
viii. Beneficial habitat. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standards consistent with M.S. § 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned.
ix. Annual inspection required.
(D) Biomass.
(1) General provisions. All components of biomass systems shall meet the structure setback requirements.
(2) Permitted use. Biomass systems shall be permitted on parcels with an existing single-family home or permitted farming operation, provided installation is solely used by/for home/farmstead.
(3) Biomass systems not used in conjunction with and exclusively for an existing single-family home or farming operation are prohibited.
(Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 84-2017, passed 7-11-17; Am. Ord. 97-2021, passed 7-20-21) Penalty, see § 152.999
“A” AGRICULTURE DISTRICT REGULATIONS
(A) Generally. The permitted principal uses in the “A” District are agriculture, including animal agriculture, on parcels of 20 acres or more and single-family residences provided a building eligibility is available pursuant to this chapter. Both uses shall be conducted only in accordance with the provisions of this chapter.
(B) Agriculture. As a permitted use, agriculture often includes such activities as the intense use of farm equipment and machinery; plowing during dry and windy conditions; the raising of livestock and fowl; the use of soil amendments, including manure, herbicides, and pesticides; and storage of manure. These activities may occur during any 24-hour period. Thus, owners or renters of property, that abut agricultural operations may be subject to discomforts such as odors, dirt, dust, insects, and noise, arising from the operations. While these activities may be considered nuisances in a more urban setting, they are common in an agricultural community and vital to the sustenance of an agricultural economy. Pursuant to M.S. § 561.19, as it may be amended from time to time, agricultural activities shall not be considered a public nuisance, provided the activities do not violate any state statute, rule, or other law.
(C) Single-family residence. The residence shall be maintained as one contiguous living space served by one set of utilities. Guest quarters and extended family accommodations are permitted provided they are integrated into the principal structure. A separate rental unit, an additional address, dual utility meters or distinctly segregated entrances shall be prohibited.
(Ord. 47, passed 7-23-02; Am. Ord. 47 03-1, passed 5-5-03; Am. Ord. 97-2021, passed 7-20-21)
(A) Animal agriculture shall be conducted in accordance with the county feedlot regulations.
(B) New feedlots shall not be located within a Shoreland District. Existing feedlots shall be operated in a Shoreland District under a conditional use permit.
(C) New feedlots shall not be located within a Floodplain District.
(D) Existing feedlots in a Shoreland District shall not be expanded above 999 animal units. Existing feedlots in a Floodplain District shall not be expanded.
(E) In cases where the feedlot regulations require a conditional use permit, the permit shall be considered under the provisions of this chapter.
(F) The establishment of a new feedlot of 50 or more animal units on a parcel of less than 40 acres shall require the issuance of a conditional use permit pursuant to this chapter.
(G) The animal unit density of a feedlot shall be limited only by the provisions of the feedlot permit, the county feedlot management regulations, or other provisions of this section. A feedlot operated under or as part of a conditional use permit may be further regulated by the conditions of the permit in addition to the provisions of the feedlot permit.
(H) Animal density regulations. These regulations apply to lots of less than 20 acres unless otherwise regulated by this chapter or the county feedlot management regulations. A manure-handling plan may be required when there are any domestic animals other than customary household pets.
(1) On lots of less than 1.5 acres, only dogs, cats, and other animals customarily kept as pets, are permitted. Ten or fewer fowl shall be permitted and not considered livestock.
(2) On parcels of at least 1.5 acres, but less than 2.4 acres, one animal unit is permitted.
(3) On parcels of 2.4 to 5 acres, one animal unit per acre is permitted, with the number of acres rounded up to the nearest whole number.
(4) On lots of greater than 5 acres and less than 20 acres, the number of animal units is limited only by the provisions of Chapter 54, the provisions of this chapter, and any other applicable county ordinances.
(5) Dogs, cats and other animals customarily kept as pets are not subject to the animal density regulations.
(6) On any parcel where there are animals and a feedlot certificate is not required, manure must also be handled in an environmentally sound and nuisance free manner pursuant to Minn. Rules Chapter 7020, and all applicable regulations listed in Chapter 54 of the County’s Code of Ordinances.
(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)
All determinations of building eligibilities under this section shall be based on the ownership and configuration of the parcel as of record in the Office of the County Recorder/Registrar of Deeds on July 1, 1974.
(A) 4/40 limitation. Building eligibilities shall not be located so as to violate Policy 18C of the comprehensive plan.
(B) One per 40/1 per ¼¼ section building eligibilities. A parcel consisting of 40 acres or more or a complete quarter-quarter section shall have one potential building eligibility; each additional 40 acres or complete quarter-quarter section shall provide an additional potential building eligibility.
(C) Lot of record building eligibilities. A lot of record not having building eligibility pursuant to the 1 per 40 provision above shall have one potential building eligibility if it meets one of the following standards for eligibility and is not subject to the limitations listed below:
(1) The lot of record has a minimum of 33 feet of frontage on a public road, can meet all required setbacks in this chapter and can accommodate an SSTS including a primary and alternate SSTS sites; or
(2) There is a deeded easement for roadway purposes from a public road to the lot of record and the deeded easement was conveyed prior to July 1, 1974 and the lot of record is a minimum of 1½ acres and contains a minimum of 1 acre that meets the definition of building site.
(D) Limitations on lots of record. Parcels purchased at different times but owned and occupied by the same owner on July 1, 1974 and subsequently used, occupied and taxed as a single lot shall be considered to be a single lot of record. A lot of record occupied by another principal use other than agriculture shall not have a building eligibility until the time as the other principal use is permanently removed from the parcel provided the lot meets the minimum requirements for a lot of record building eligibility. Lots of record resulting from the conversion of public or private rights-of-way or public lands from public use to private use shall have no residential building eligibility under these provisions.
(E) Verification of building eligibilities. A potential building eligibility shall be verified by the Department only if a residence utilizing the eligibility can meet all requirements of this chapter, Chapter 151 or Chapter 52 of this code of ordinances, and any other ordinances, rules or statutes. Verification shall be valid only as of the day of verification and commitment to writing by the Department.
(F) Utilization of building eligibilities. A building eligibility shall be considered to be utilized when a structure used as a residence is placed on the parcel with the building eligibility or when a parcel is subdivided and the sale includes a building eligibility. The removal or rendering uninhabitable of a structure containing a residence makes available the building eligibility used by that structure.
(G) Transfer of 1/40 building eligibilities. Building eligibilities may be transferred from one parcel to another in accordance with the following rules:
(1) A building eligibility must be available for transfer;
(2) The transfer of a building eligibility shall occur only between adjacent parcels, and between non-adjacent parcels, if that option is provided for in the township chapter of the comprehensive plan. The sending and receiving parcels shall be located within the same township and taxing district (pursuant to each township’s policy chapter of the comprehensive plan). Sending and receiving parcels may be located within different watershed taxing districts if that option is provided for in the township’s chapter of the comprehensive plan;
(3) The transfer of eligibility shall be accomplished by the approval of an application for transfer by the Department. The application shall clearly state the PID and legal description of the sending and receiving parcels; shall bear the notarized signatures of the respective owners, and shall clearly state the number of eligibilities both used and unused on each parcel before and after the transfer. Subsequent to approval a copy of the approved application or other documentation of the transfer shall be recorded by the Department in the Office of the County Recorder against all affected parcels;
(4) Requests for the transfer of a one per 40 building eligibility in a Transition Overlay District shall conform to § 152.162 of this chapter.
(5) Transfers that would result in a violation of the other provisions of this chapter shall not be permitted;
(6) A parcel may only send or receive a building eligibility, not both;
(7) A building eligibility resulting from a conditional use permit for an extra density option shall not be transferred;
(8) Building eligibilities may be transferred to or from a parcel only once;
(9) Building eligibilities resulting from the removal of an existing residential dwelling shall not be transferable until the demolition of the residence has been completed and the applicable documentation for the removal has been submitted to the Land Management Department.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
Within the agriculture district the following uses shall be permitted uses and/or accessory uses [Note–Certification of zoning compliance is required for any structure subject to the State Building Code and any structure or land use specifically requiring an administrative permit, certificate of zoning compliance, conditional use permit or any other type of certification by the Department. The Department may provide certification of zoning compliance for those structures and/or land uses that do not typically require certification when requested by a landowner for his or her own property.]:
(A) Accessory storage structures including sheds, attached and detached garages, detached porches, detached recreational buildings and detached hobby structures: These structures shall be used only by the occupants of the residence for personal storage, hobbies, recreation, entertainment, family uses, private maintenance and repair activities, and for the keeping of animals and appurtenant equipment and supplies, and as otherwise regulated by this chapter. Guest quarters and/or additional dwelling units are strictly prohibited. No products or services shall be offered for sale or pay or similar remuneration except as permitted for a home occupation or as otherwise regulated by this chapter. The following standards apply unless a conditional use permit was issued prior to August 1, 2021 or a variance has been issued allowing for additional square footage:
(1) Parcels of less than one and a half acres – a total square footage of 1,250 square feet is permitted in a combination of a garage and accessory structures. For detached accessory structures, the maximum sidewall height shall be 12 feet and the total height from the average grade shall not exceed 17 feet. The roof and exterior of the structure shall be new material or material with the appearance of new material; the material shall be painted, stained, coated or otherwise finished.
(2) Parcels of one and a half acres or less than or equal to two acres– a total square footage of 2,500 square feet is permitted in a combination of a garage and accessory structures. For detached accessory structures, the maximum sidewall height shall be 12 feet and the total height from the average grade shall not exceed 17 feet. The roof and exterior of the structure shall be new material or material with the appearance of new material; the material shall be painted, stained, coated or otherwise finished.
(3) Parcels greater than two acres and less than or equal to five acres – a total of 4,000 square feet of area is permitted in a combination of garage and accessory structures.
(4) Parcels greater than five acres and less than or equal to ten acres – a total of 5,000 square feet of area is permitted in a combination of a garage and accessory structures.
(5) Parcels greater than ten acres – a total of 7,000 square feet of area is permitted in a combination of a garage and accessory structures.
(6) Existing agricultural structures are not included in the area calculations for the total square footage of accessory structures unless the agricultural buildings (such as a machine shed) are suitable for use as garages or residential accessory structures.
(7) The area calculation for an attached garage shall be made using the outside dimensions (footprint or foundation) of the structure only. The area calculation for a detached structure shall include the gross area for all levels of the building.
(8) Each residential parcel in the county shall be given a personal storage credit of 624 square feet to represent a standard (24 feet by 26 feet) two-car garage. This credit shall not be included in the calculation for personal storage.
(9) The footprint or foundation area of an attached garage shall not exceed 125% of the footprint or foundation area of the related dwelling.
(10) Garages and accessory structures shall meet all locational requirements and shall be constructed in accordance with the Minnesota State Building Code.
(B) Agricultural structures. The structure must be related to the conduct of commercial agricultural activities on parcels of 20 acres or more and must be exempt from the State Building Code. Structures would typically fall into one of the following classes: dairy barn, grain bin, silo, loafing shed, corncrib, farm machinery building, hay barn, and crop handling and processing structures. Applicants must demonstrate a significant agricultural activity that directly correlates to the size and use of the proposed structure. The structures may only be constructed upon the issuance of a certificate of zoning compliance, by the Department or designated individual. Structures related to animal agriculture must be approved by the Feedlot Administrator, or designated individual, prior to the approval of the certificate of zoning compliance.
(C) Home occupations. It is the intent of this division to provide for the operation of a business or profession within the home (including attached garage) or with the home as a base of operations provided that the operation of the home occupation is secondary to the use of the home, land, and any accessory structures for residential purposes. The home occupation shall be conducted principally by the members of the family occupying the dwelling. The following are permitted home occupation uses: offices, professional services, craft or trade, hair styling salon or barber, dog grooming, teaching, tutoring, or counseling, repair and single truck owner operators. All home occupations shall conform to the following standards:
(1) Conduct of the home occupation shall not require alterations to the exterior of the residence or change the residential character thereof;
(2) No more than one employee other than members of the family living on the premises may be employed on the premises or may report to the premises in order to travel to work off the site;
(3) (Reserved);
(4) No outdoor display of goods;
(5) Except for goods or articles produced on the premises, no stock-in-trade shall be sold on the premises;
(6) Any additional need for parking generated by the home occupation shall be met by off-street parking. The parking area shall be limited to three spaces and shall not be located within the actual or prescriptive right-of-way;
(7) All home occupations shall conform to county operational standards;
(8) Should the occupation be a professional service, including hair salons and dog grooming, then clients shall not exceed three at any one time and related incidental supplies (such as, shampoo) shall not be considered stock-in-trade;
(9) Should the home occupation be repair, the items repaired shall be of a size or nature that repair can occur within the home;
(10) No outside storage of business equipment or supplies is permitted;
(11) An accessory structure pursuant to § 152.073(A) or a non-agricultural structure on parcels of 20 acres or more may be utilized in conjunction with the home occupation only for the purpose of holding equipment used off the site and for the storage of goods or articles produced on the premises upon the issuance of a certificate of zoning compliance by the Department, or as otherwise addressed in a conditional use permit or variance;
(12) The home occupation shall not generate sewage of a volume, nature or type that cannot be treated by a certified SSTS;
(13) No more than one vehicle used in the home occupation shall be stored on the site. The vehicle may be stored outside provided an adequate off-street location is available on-site.
(D) Decorative landscaping features provided the item is incidental to the primary use of the property which requires grading, excavating and filling of less than 400 cubic yards of material for one project.
(E) Signs and fences as regulated by the standards of this chapter and Chapter 154 of this code.
(F) Swimming pools, provided the pool is:
(1) Not located under any power line;
(2) Located so that water from the back flushing of a filter or draining the pool is naturally filtered before reaching a stream or lake;
(3) Located so that water from the back flushing of a filter or draining the pool will not flow on neighboring property unless there is written permission from the adjoining property owners and the agreement is recorded;
(4) Located so that the pool basin does not encroach upon a required structure setback.
(G) Buildings, structures or uses temporarily located for purposes of construction on the premises, excluding temporary dwelling units (such as, travel trailers, motor homes), for a period of time not to exceed the time normally necessary for construction.
(H) Roadside stands less than 200 square feet for the sale of horticultural products grown on the premises or grown by the owner on a seasonal basis, provided sufficient off-street parking is available. “Pick your own” sites with an operational area accessed by the public two acres or less in size shall be considered a roadside stand in this section, provided sufficient off-street parking is available and approval from the road authority is received.
(I) Residential equipment and functions unless specifically regulated by this chapter or other ordinances.
(J) Day care and residential facilities: Day care facilities serving ten or fewer persons and residential facilities serving six or fewer persons provided the activity is licensed by the state or other appropriate regulating agency if required and is located in a single-family home.
(K) Backyard composting of waste generated on-site, subject to structure and other applicable setback requirements.
(L) (1) Agricultural structures constructed at least 15 years or more from the current date, may be utilized for the compensated seasonal storage of boats, recreational vehicles, and classic or antique cars on a temporary basis. The storage activity shall be clearly incidental to the principal use of the property. In cases where, because of a subdivision of land occurring prior to the adoption of this provision, an agricultural structure is located on a parcel of land that does not have an existing principal use, a conditional use permit may be applied for to provide for the storage activities provided for herein. The storage of hulks, parts, wrecks or salvage shall not be permitted. Boats or vehicles stored pursuant to this provision shall be complete and functional or need only minor repair. Agricultural structures utilized pursuant to this provision shall remain agricultural in nature. The structure shall not be improved or modified, except for normal maintenance, so as to change its agricultural nature; the structure shall not be increased in size.
(2) Owner of the property shall homestead and occupy the primary residence.
(M) Land application of water treatment facility lime is a permitted agricultural practice provided: the applicator notifies the affected townships, Land Management, and Environmental Services Departments of the amount and locations of the applications; haul routes are specified; a chemical analysis and evidence of state review and approval of the lime for AG land application is submitted; the lime is not stored on the site over the winter months.
(N) The use of land and structures for the production of movies, videos, or similar purposes is permitted provided: the Department and affected townships are notified prior to the beginning of the activity, the property owner, whether public or private, gives permission in writing; if a public road or right-of-way is used (parking included) the road authority gives written permission, appropriate traffic control is provided for by the producer; all other necessary permits are obtained.
(O) Yard and garage sales, not to exceed three per year, are permitted. The continuous display and offering for sale of items acquired from others specifically for resale is prohibited.
(P) Sale of vehicles and equipment. The offering for sale and display of one vehicle or large item (such as, boat, camper, snowmobiles, trailer and agricultural equipment) is permitted. No more than three vehicles or large items may be offered for sale within a calendar year.
(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 following are permitted accessory uses within the Agriculture District, but require that certification of zoning compliance be issued by the Department prior to initiation:
(A) General provisions.
(1) An appropriate official as designated by the township has been notified for review and/or comment.
(2) The appropriate road authority has, or is willing to grant an access permit or approval. In cases where access would be via a township road the certificate of zoning compliance shall not be issued unless the affected township approves the access.
(3) Plans and/or application are approved by the Department. Approval by the Soil and Water Conservation District and/or an appropriate watershed authority may be required by the Department to address ground/surface water related factors. The Department can issue a permit only if the relevant criteria listed are sufficiently satisfied. If non-compliance is determined, the applicant shall be notified in writing of the reasons for denial.
(4) An application is submitted, in a format determined by the Department that may include the following: a plan illustrating the location of the project or event, and location of any structures, equipment, parking areas, and/or areas for obtaining or depositing fill, proposed erosion/sediment control, final grading, turf establishment and drainage design. The application would typically include a letter and/or attachments giving an in depth description of the proposed operation. The description should contain documentation pertaining to the landowner’s consent, the number of employees reporting to the site, plans for traffic control, parking and waste management. The application should address parts of the operation that may have an adverse impact on the environment, pose a risk to the public or that may impact neighboring property owners and methods for mitigation of any adverse factors.
(5) The Department has the authority to require plans that are prepared by a registered professional engineer, hired by the applicant, for any site deemed to be environmentally sensitive. For the purposes of this section, environmentally sensitive shall be: on or adjacent to 18% or greater slopes; on or adjacent to waters of the state; floodplain; shoreland impact zones; wellhead protection areas; and/or sites with a direct and immediate adverse relationship to ground or surface water. The decision regarding professional plans would be subsequent to consultation with SWCD or an appropriate watershed authority.
(6) The Department may require a performance surety and/or a liability insurance certificate for projects having a significant restoration component or the potential for unusual public health, safety and welfare risks. For the purposes of this section, restoration/risk shall be those activities that: include a public improvement; are open and accessible to the general public; and/or would involve land reclamation or disposal costs that could be incurred by the public. The decision regarding sureties and insurance would be subsequent to consultation with the County Risk Manager and/or a County Attorney.
(7) The certificate shall clearly state the conditions, if any, upon which it is issued. A copy of the certificate may be recorded against the property if deemed necessary and appropriate by the Department.
(8) Any permit issued under this section is issued to the applicant for the parcel named in the permit only and is not transferable to another parcel of property or to another owner of the parcel for which the permit was issued. The Department has the authority to revoke and enforce the permit.
(B) Activities requiring a special use permit.
(1) Agricultural structures that include an accessory structure and/or personal storage component on parcels of 20 acres or more, provided the agricultural structure, accessory structure and/or personal storage sizes and uses meet the standards of this chapter and are constructed in accordance to Minnesota State Building Code.
(2) Driveway construction and associated land preparation prior to issuance of a residential building permit provided a building eligibility is available. A survey of affected property lines shall be obtained, at the property owner’s expense, and submitted to the Department when project is within ten feet of a property line.
(3) Grading, excavating, or filling of 400 cubic yards or more but less than 10,000 cubic yards for one project including, but not limited to landscaping, excavation, site preparation for building and similar activity and land improvements. An administrative permit is not required when a Carver County Water Management Organization or Minnehaha Creek Watershed District permit has been issued for the project. A survey of affected property lines shall be obtained, at the property owner’s expense, and submitted to the Department when project is within ten feet of a property line.
(4) Temporary uses on private property by a township, city, county, the state or persons engaged in a construction project for a township, city, county, or the state. If the project is not temporary in nature, then the applicant must apply for a conditional or interim use permit.
(5) Occasional special events not to exceed three requests per year for any parcel of land. Gatherings or events, for a maximum of two days in length, which are open to or accessible by the general public. The County Board must approve the issuance of the permit. For the purpose of this section, an event permitted by the County Parks Department which takes place within a county park is exempt from this provision.
(6) Contractors’ yards existing prior to January 1, 1989 are allowed to remain but not expand, pursuant to a certificate of compliance provided the applicant submits verifiable proof that his or her contractor’s yard was in existence on the date.
(7) Spreading of petroleum contaminated soil. Soil that has been determined by the Minnesota Pollution Control Agency to be contaminated with petroleum may be land spread upon issuance of permit pursuant to this provision. The following additional criteria also apply to this provision:
(a) The MPCA has issued or has indicated that it will issue a permit for the land spreading of contaminated soil on the proposed site;
(b) The affected township or townships approve the issuance of the permit. Approval shall have occurred at a town board meeting. All property owners within ½-mile of the proposed site shall be given notice that the matter is to be considered at the town board meeting;
(c) The Carver County Environmental Services Department has reviewed and approved the proposal. The Director of Environmental Services may impose conditions upon the permit;
(d) The County Board of Commissioners must approve the application prior to approval.
(8) Temporary home or emergency dwelling. An interim home or emergency dwelling (such as, travel trailer) may be temporarily located on a parcel for the purpose of housing the property owners while they are constructing a permanent home provided:
(a) Temporary homes require the following:
1. The property owner must obtain building and SSTS permits for construction of a permanent home;
2. A building permit must be obtained for the temporary home. The temporary home is not required to be attached to a permanent foundation and may be less than 20 feet in width, but it must meet the applicable requirements of the building code;
3. An SSTS must be installed in accordance with Chapter 52 of this code of ordinances prior to occupancy of the temporary home;
4. There must be a water supply meeting the state plumbing code available for the temporary home;
5. The temporary home must be removed within two years of issuance of the building permit for the permanent home;
6. The temporary home must be removed from the parcel within thirty days of issuance of a certificate of occupancy for the permanent home.
(b) Emergency dwellings require the following:
1. A travel trailer, motor home or similar dwelling is needed in an emergency situation (such as, fire, tornado) and when the length of time the temporary home will be needed would typically be less than 180 days;
2. The landowner is in the process of obtaining building and SSTS permits (if needed) for the construction or repair of the permanent home;
3. The property owner must obtain approval by the Department and Building Official for occupancy of any temporary trailer;
4. The temporary manufactured home must be unoccupied within 30 days of issuance of a certificate of occupancy for the permanent home.
(9) Roadside stands less than 200 square feet for the sale of horticultural products grown on the premises or grown by the owner of the roadside stand, on a seasonal basis, that has a “pick your own” component with an operational area accessed by the public greater than two acres in size, provided sufficient off-street parking is available.
(10) Biomass systems on parcels with an existing single-family home provided installation is solely used by/for home/farmstead.
(11) Cannabis event. A cannabis event shall be subject to the following provisions:
(a) The event shall be for a maximum of two days in length that are open to the public and shall not occur more than three times per year on the same parcel of land.
(b) The County Board must approve the issuance of the permit.
(c) The event location shall not be within 1,000 feet of the nearest property line of a parcel containing a school, church, day care facility, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.
(d) The cannabis event organizer and all cannabis license holders operating at the event shall adhere to state licensing standards and Office of Cannabis Management rules.
(e) The cannabis event shall take place on a parcel of at least five acres in size.
(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)
(A) All conditional uses shall comply with the applicable policies of the Carver County Comprehensive Plan.
(B) Land in the Agriculture District may be used for any of the following purposes only upon the issuance of a conditional use permit. Land uses that include more than one activity or CUP category may be consolidated under a single request (application).
(Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21)
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