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TITLE I: GENERAL PROVISIONS
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§ 152.073 PERMITTED ACCESSORY USES AND STRUCTURES.
   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)
§ 152.074 ACCESSORY USES AND STRUCTURES REQUIRING AN ADMINISTRATIVE SPECIAL USE PERMIT.
   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)
§ 152.075 CONDITIONAL USES.
   (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)
§ 152.076 CONDITIONAL USES–AGRICULTURE; ANIMAL AGRICULTURE (ALLOWED IN AG PRESERVE).
   (A)   Agriculture uses and structures on parcels of greater than 5 acres and less than 20 acres; new feedlots on less than 40 acres – used principally for raising poultry, livestock, fruit, vegetables, or other agricultural products provided it is not used principally for residential purposes, or for the establishment of new feedlots of 50 or more animal units on parcels under 40 acres. Criteria to be used in determining the principal use of the property pursuant to this section:
      (1)   Necessity for a feedlot permit;
      (2)   Number of animal units;
      (3)   Use of the parcel for active farming of an additional 40 acres or more;
      (4)   Demonstrated need for agricultural structures;
      (5)   Extent of the agricultural operation.
   (B)   Feedlots. Conditional use permits required by the Carver County Feedlot Management Ordinance shall be considered under this provision. Notwithstanding any other section of the zoning code, permits issued under the provisions of this section shall be subject to review on a five-year basis. The Board is not prohibited from specifying a more frequent review schedule as part of the permit. The permit shall incorporate the provisions of the certificate of compliance or feedlot permit. The conditions of these permits shall constitute the minimum standards for the conditional use permit.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 97-2021, passed 7-20-21)
§ 152.077 CONDITIONAL USES–RESIDENTIAL RELATED.
   (A)   (1)   Residential accessory structures (allowed in AG preserve), approved prior to August 1, 2021. Provides for accessory structures in excess of the square footage permitted as a permitted accessory use.
      (2)   Standards for issuance. The property must contain an existing home or the home would be constructed concurrently with the accessory structure; which must be homesteaded; structure to be used principally by residents of the home; and size must bear reasonable relationship to proposed use.
   (B)   Farm related permanent homes (allowed in AG preserve). Additional permanent dwellings may be located on a parcel of at least 80 acres or two quarter-quarter sections without subdividing a lot provided: the parcel has one unused building eligibility available for each additional permanent farm related home. The home must be occupied by someone employed on the farm at least 20 hours per week. Any additional homes under this section shall be occupied by someone working at least 40 hours per week in the farming operation. The home must be located in such a manner that at such time as the home ceases to be occupied by someone employed on the farm, a lot meeting all county requirements containing the home can be subdivided from the parcel. At such time as a permanent farm related home ceases to be occupied as provided for by this section, the lot and home shall be subdivided within 180 days.
(Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
§ 152.078 CONDITIONAL USES–ADDITIONAL DENSITY OPTIONS.
   (A)   General provisions.
      (1)   Effect on 1/40 or lot of record building eligibility. Residential building eligibilities pursuant to this provision are in addition to and shall have no impact on residential building eligibilities available as a permitted use. This provision shall not prohibit the transfer of 1/40 building eligibilities pursuant to the provisions of this chapter.
      (2)   Limitation on density. No more than four homes shall be located on a quarter- quarter section (40 acre parcel) based on the configuration of the parcel on July 1, 1974; homes subdivided from a parcel prior to July 1, 1974 shall not be considered in this calculation. In cases where the land does not follow the quarter-quarter section configuration, the shape most nearly approximating a quarter-quarter section containing 40 acres shall be used. The conservation incentive, pursuant to division (E) of this section, shall allow for flexibility in the four homes per 40 acre parcel determination.
      (3)   (a)   Limitation on use of density options. The issuance of a conditional use permit pursuant to “wooded and lakeshore lots”, “high amenity” or “conservation incentive” provisions is prohibited on any parcel that was of record as of July 1, 1974 or any parcels derived therefrom, if at any time since December 7, 1982 a conditional use permit was issued or a rezoning occurred which provided residential density greater than that provided by the basic one per 40 or one per quarter-quarter section provisions of this chapter.
         (b)   The additional density options shall not be combined with one another to create a hybrid option, except for the conservation incentive option, pursuant to the comprehensive plan.
      (4)   Compliance with township chapter of the comprehensive plan. The additional density options provided in this section shall be available only in townships which specifically provide for the option in their township chapter of the comprehensive plan. Residential development pursuant to these options shall be subject to and limited by any additional criteria or standards contained in the township plan chapter. Applications for conditional use permits pursuant to this section shall not be considered complete unless a written statement is received from the affected township stating that the application complies with the township comprehensive plan chapter.
      (5)   Road access requirement. All lots created under the additional density options shall have frontage on: a public road existing at the time of application; or the applicant must submit evidence that the township will accept the road as a township road at some point after it is constructed in accordance with township standards; or a road will be constructed that is privately maintained but with the right-of-way dedicated to the township. All roads shall be constructed to meet the standards in the comprehensive plan, the subdivision regulations, the standards manual, and the water plan.
      (6)   Notice pertaining to agricultural uses. A notice or acknowledgment will be required regarding the “odors, dirt dust, insects, noises, long hours of operation and other factors associated with agriculture and feedlot activities.”
   (B)   Wooded and lakeshore lots.
      (1)   A maximum of three residential building lots may be subdivided from eligible wooded and/or lakeshore land. This provision may be exercised only once for each parcel that was of record as of July 1, 1974. The parcel from which the lots are to be subdivided was a parcel of record of 40 acres or more, a complete quarter-quarter section or a complete government lot on July 1, 1974.
      (2)   Eligible land:
         (a)   Wooded land. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of 10 feet. The distribution of the trees is such that there are no areas greater than ¼-acre in size not covered by canopy in the summer months; or
         (b)   The land contains lakeshore of a lake specifically listed in the comprehensive plan as eligible for lots under this provision;
         (c)   All building lots created must meet the following general criteria and the criteria specific to lot eligibility type (wooded or lakeshore). Inability to meet one or more of these criteria shall negate the eligibility for additional lots under this provision.
      (3)   General criteria:
         (a)   The comprehensive plan County Policy LU-18C, no more than four homes per 40 (4 homes per ¼-¼) shall not be violated.
         (b)   The lots must be a minimum of 2½ acres and must meet all applicable standards pursuant to this chapter.
         (c)   Each lot subdivided must contain a building site as defined by this chapter. In cases where this standard cannot be met due to soil conditions, the County Board may consider remedial actions designed by a licensed professional engineer or architect. Any actions approved by the County Board shall be binding on any and all future owners.
         (d)   Residential areas shall be located to provide the most effective buffering from through roads, agricultural areas and feedlots within the context of the other requirements and general criteria.
      (4)   Additional criteria for wooded lots:
         (a)   Each lot shall contain at least 2½ acres of land that meets the criteria for eligible land. Wetlands or non-wooded steep slope (12% and over) land may be added to the lot. These lands shall not be considered wooded and shall not be counted as part of the 2½ acres of wooded land needed to qualify as a wooded lot. There may be one area of up to one acre on each lot that does not contain evenly distributed trees and is suitable for the placement of the home, primary and alternate SSTS in accordance with Chapter 52 of this code of ordinances, and a detached accessory structure.
         (b)   Except for a strip of land 30 feet or less in width used to straighten boundaries or road alignment, the lots to be subdivided must not contain land used for agricultural production. A road to serve the lots may be constructed over agricultural production land. Agricultural production is row crops and hay land that has been specifically planted and managed for the production of hay. Agricultural production land includes land temporarily out of production in accordance with a government program. Pasture land is not crop production land.
      (5)   Additional criteria for lakeshore lots:
         (a)   The entire lot must abut lakeshore on the water body providing eligibility and must not be separated from the lake by a road, railroad, or other right-of-way.
         (b)   No lot created shall contain more than 2½ acres of long term agricultural land. The road right-of-way setback as required by this chapter shall not be included in the calculation.
   (C)   High amenity areas.
      (1)   A maximum of three residential building lots may be subdivided from eligible high amenity land. This provision may be exercised only once for each parcel that was of record as of July 1, 1974. The parcel from which the lots are to be subdivided was a parcel of record of 40 acres or more, a complete quarter-quarter section or a complete government lot on July 1, 1974.
      (2)   The maximum density in any area shall not exceed four single-family dwelling units per 40 acres.
      (3)   Only land within the amenity area shall be used to calculate additional density. In no case shall land currently enrolled in the agricultural preserve program be included in a density calculation that exceeds 1 per 40 (1 per ¼-¼). Any residential lots that have been subdivided after July 1, 1974, and/or existing homes on the parcel shall be considered 1 per 40 acre (or lot of record) eligibilities and shall be included in the density calculations. Remnant pieces not included in the additional density calculations shall have building eligibilities based on the applicable regulations of the “A” District.
      (4)   Eligible land:
         (a)   Wooded land. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that there are no areas greater than ¼-acre in size not covered by canopy in the summer months; or
         (b)   Wooded pasture. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that at least 50% of the total amenity area is covered by canopy in the summer months; or
         (c)   Wooded land with native vegetation.
            1.   A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that at least 25% of the total amenity area is covered by canopy in the summer months. In addition to the required tree coverage, the remainder of these lots shall be fully vegetated by native vegetation. For this provision, native vegetation shall be established pursuant to the recommended guidelines of the Minnesota Board of Water and Soil Resources.
            2.   For all lots created using this provision, a protective easement proposal covering 50% of the amenity shall be submitted for review to the Department, WMO, SWCD, affected township and any other agency deemed appropriate. The proposal shall identify the qualified conservation easement holder, easement terms and restrictions, any land management, monitoring and enforcement responsibilities, and maintenance plans which shall include, but are not limited to: a description (inventory) of baseline conditions, a schedule of maintenance activities, identification of roles and responsibilities as well as funding sources. The schedule of maintenance activities shall be appropriate to sustaining the type and quality of the plant community existing at the time of dedication or pertaining to the establishment and maintenance of the target plant community determined by the restoration assessment.
         (d)   Lakeshore lots. Areas immediately adjacent to lakes as designated in the comprehensive plan or as further specified in a township’s chapter. Quarter-quarter sections adjacent to a lake shall be considered amenity areas with potential for additional residential development; or
         (e)   Bluff areas (buildable areas on top of bluffs) closely associated with the Minnesota River, Bevens/Silver Creek, Chaska Creek, Carver Creek. Townships that have land that may be eligible under this provision should further define bluff areas in their chapter of this plan.
      (5)   General criteria:
         (a)   Eligible land considered wooded, wooded pasture, and areas consisting of a mixture of wooded land and native grasses shall not be in agricultural production for the past 20 years, and shall include soils suitable for an SSTS (land enrolled in a state or federal program is in agricultural production).
         (b)   The comprehensive plan policy allowing for no more than four homes per 40 (4 homes per ¼-¼) shall not be violated.
         (c)   All building lots created must meet the general criteria and the criteria specific to the lot eligibility type (wooded and/or lakeshore). Inability to meet one or more of those criteria shall negate the eligibility for additional lots under this provision.
         (d)   The high amenity building sites are to be considered residential lots, not agricultural parcels. The minimum lot size shall be two and one-half acres and able to accommodate a minimum one-acre building site having at least two SSTS (primary and alternate), a house, garage and detached storage structure, while maintaining all required setbacks. Although each lot shall contain at least two and one-half acres of land that meets the criteria for eligible land, wetlands and/or non-wooded steep slope (12% and over) land may be added to individual lots as determined to be necessary during the permitting process. These lands shall not be counted as part of the two and one-half acres needed to qualify as a high amenity lot.
         (e)   Building sites shall be clustered in the amenity area as much as possible.
         (f)   There may be no more than two acres of long term agricultural crop production land included in any residential lot. The road right-of-way setback as required by this chapter shall not be included in the calculation nor shall any required setbacks be included in this calculation.
         (g)   The maximum amount of long-term agricultural land shall be preserved for continued agricultural use. The long-term agricultural land shall be retained in a large parcel(s) suitable for agricultural purposes. The long-term agricultural land shall not be split up and attached to each residential sized parcel unless the amount of agricultural land is so small that it is not reasonably farmable. One of the residential sites and the agricultural land may be combined to form a 20+ acre farm.
         (h)   All lots that contain a building eligibility shall include a building site as defined by this chapter. No remnant parcels of less than 20 acres shall be created as a stand alone parcel.
         (i)   High amenity areas shall be located to provide the most effective buffering from through roads, agricultural areas and feedlots within the context of the other requirements and general criteria.
         (j)   A road to serve the lots may be constructed over production land as defined by this chapter.
      (6)   Minimum conditions of high amenity lots:
         (a)   The keeping of animals, with the exception of dogs, cats, similar animals kept as household pets, and fewer than ten fowl, is prohibited on any residential lot.
         (b)   All conditional use permit activities shall be prohibited on any residential lot. Agricultural parcels and/or lots shall be subject to the “A” District regulations.
         (c)   A statement that the area is rural and that commercial agriculture and other rural land use activities will likely be occurring in the area. A notice should be provided regarding the odors, dirt, dust, insects, noises, long hours of operation and other factors associated with agriculture and feedlot activities. Complaints relating to these activities shall be considered unwarranted so long as the activities are being conducted in accordance with existing standards.
         (d)   The protection of environmentally sensitive land shall be addressed in the conditions. Protections can include, but are not limited to, restrictions on clear cutting or vegetation removal; erosion control plan to control erosion during and after building construction; designation of specific building sites or areas with buildings prohibited; requiring certain management practices.
   (D)   Conservation incentive.
      (1)   This section provides an opportunity for landowners to protect, preserve, enhance, or restore natural resources on their property in exchange for one or more additional building eligibilities. Density shall be a maximum of four homes per 40 acre parcel as defined by the CUP with the intent to provide flexibility with the configuration of the quarter-quarter or 40 acres. However, it is not the intent of this provision alone, or in combination with the other density options, to provide for the development of the land generally at a 4/40 density; nor is it the intent of this provision to generate exclusively large lot subdivisions, such as dividing a 40 acre parcel into four, ten-acre lots.
      (2)   Eligible land:
         (a)   A minimum of 30 acres that can support the proposed conservation activity, AG land preservation and clustering of homes as defined by the CUP:
         (b)   Land that has received another permanent incentive is not eligible for the conservation incentive. Land that is receiving a temporary incentive is not eligible until the temporary incentive period has ended; and
         (c)   The conservation incentive is available only in townships that provide for it in their chapter of the comprehensive plan.
      (3)   General criteria:
         (a)   The minimum lot size shall be 1½ acres.
         (b)   Lots should either be small and clustered or 20 plus acres to support a farming activity.
         (c)   Conservation activity shall generally require ten acres for a building eligibility and may consist of a combination of one or more of the following: permanent preservation, restoration, or enhancement of: wetlands, forest or woodlands, prairie, bluffs, or shoreline. In determining the number of additional building eligibility(s) to be granted, the proposed conservation activity shall be evaluated using a guide developed by the Department which may include, but is not limited to, the following criteria: natural resource assessment priority, size of easement/area preserved, public use value, value of restoration proposed by landowner, restoration plan submitted by landowner, adjacent to other protected land, adjacent to protected water or wetland, adjacent to impaired water, and unique characteristics. The guide will be provided at the time of application or upon request.
         (d)   Preference will be given to subdivision plats that include the natural area to be protected with a conservation easement as a separate platted outlot, rather than covering portions of individual lots.
         (e)   If at all possible, long term agricultural land should remain in large, farmable parcels.
      (4)   Additional criteria:
         (a)   A conservation easement proposal shall be submitted for review to the Department, SWCD, affected township and any other agency deemed appropriate. The proposal shall identify the qualified conservation easement holder, easement terms and restrictions, any land management, monitoring and enforcement responsibilities, and maintenance plans which shall include, but are not limited to: a description (inventory) of baseline conditions, a schedule of maintenance activities, identification of roles and responsibilities as well as funding sources. The schedule of maintenance activities shall be appropriate to sustaining the type and quality of the plant community existing at the time of dedication or pertaining to the establishment and maintenance of the target plant community determined by the restoration assessment.
         (b)   Conservation easement areas must be shown on the preliminary plat. Easement documents must be recorded simultaneously with the final plat.
   (E)   One building eligibility incentive.
      (1)   This section provides for flexibility under the conservation incentive, wooded and lakeshore, or high amenity area provisions of this chapter, to those landowners who are willing to pursue only one building eligibility as a conditional use. A maximum of one building eligibility may be granted under this provision.
      (2)   Building eligibility flexible standard. A building eligibility may be assigned to the qualifying wooded, lakeshore or amenity area, without a subdivision requirement or it may be subdivided as a single lot, primarily for mortgage purposes. The configuration and specific standards for the lot shall be evaluated and stipulated during the conditional use permit process. The criteria for issuance are as follows:
         (a)   The qualifying land could support two or more building site eligibilities. The applicant must demonstrate that he or she is proposing to eliminate at least one potential building site.
         (b)   There would not be a need to construct a new township road.
         (c)   The building site may be utilized without subdividing the subject property, or via a single lot split principally for mortgage purposes.
         (d)   The applicant submits an acceptable plan for preserving long-term agricultural land. An acceptable plan may include, but would not be limited to, the agricultural preserves covenant and/or a conservation easement.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
§ 152.079 CONDITIONAL/INTERIM USES–ACTIVITIES CENTERED AROUND A HOME OR A HOME/FARM COMBINATION.
   (A)   Minimum criteria for issuance of permit:
      (1)   Minimum five acre lot size; unless another size is specified under a particular provision;
      (2)   Sewage can be managed in accordance with Chapter 52 of this code of ordinances;
      (3)   Land shall not be enrolled in the AG preserve program;
      (4)   The activity shall be located on a hard surfaced (blacktop or concrete) road unless written approval for location on a township road is given by the affected township or townships. The town board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect;
      (5)   There is a single-family home on the parcel occupied as a homestead by an owner of the activity; or a single-family home will be constructed or homesteaded before the CUP for the activity is issued;
      (6)   The scale and operational characteristics of the proposed activity shall be such that it can be operated on the proposed site and within the current levels of support services and infrastructure. Activities that will have service needs–traffic capacity or roads, waste disposal or management, fire or police protection, sewage disposal–that will exceed those available in the area should locate in municipalities where the services are available.
   (B)   Minimum conditions:
      (1)   Permit shall be subject to administrative review or compliance review as set by the permit. A change in ownership, operations or operator shall be cause for the permit to be reviewed to determine whether an application for an amendment or similar consideration is necessary.
      (2)   The activity must operate in conformance with the approved site plan and operational plan and other provisions of this chapter. The operational plan and site plan shall become part of the permit.
      (3)   Outside storage is prohibited unless the storage area is adequately screened from nearby roads and residences.
      (4)   The operational plan and site plan shall become part of the permit.
      (5)   The applicant must submit a copy of workers’ compensation insurance or sign an affidavit stating that he or she will not have any employees.
      (6)   All buildings utilized by the operation must meet the State Building Code.
   (C)   Activities allowed as a conditional use.
      (1)   Auto reduction/recycling yards. The purpose of this provision is to permit the continued operation and/or expansion of facilities, scope, or scale of existing home-based auto reduction yards. No new operations shall be permitted under this provision.
      (2)   Farm-related businesses.
         (a)   A business directly related to the conduct of agriculture that involves: retail sales beyond the scope of a roadside stand or yard sale, including “pick your own” sales; or operational limits exceeding that of a home occupation; or a commercial structure that would be constructed according to State Building Code.
         (b)   The following specific standard must be met: the business is 70% farm- related under one or more of the following criteria:
            1.   The business provides a repair or maintenance service for equipment unique and necessary to agricultural operations;
            2.   The business produces a product or involves a process that utilizes locally grown or produced commodities; or
            3.   The business involves sales and/or purchasing of products of the local agricultural economy or of goods unique and necessary to agricultural operations.
      (3)   Day care (allowed in AG preserve) accommodating more than ten children provided appropriate licenses and/or permits are granted by the state or other appropriate agencies.
      (4)   Commercial kennels under the following conditions:
         (a)   The facility is 1,000 feet from any residence except that of the owner and a minimum of ½-mile from ten or more homes existing prior to application for a permit under this provision;
         (b)   An appropriate manure and waste treatment system shall be provided for the kennel operation;
         (c)   Confinement and shelter is provided through the use of fences and structures.
      (5)   Equestrian facilities.
         (a)   This division is intended to provide for equestrian-related facilities, such as, a riding academy, stable, personal riding arena or other similar use.
         (b)   The use must be located on a minimum of ten acres. The number of animal units permitted will be regulated by the permit.
         (c)   A facility having ten or more horses shall be required to obtain a feedlot certificate of compliance or as administered through the feedlot regulations.
         (d)   A facility having nine or fewer horses shall provide evidence of acceptable manure management.
         (e)   Permits involving personal riding arenas are exempt from the prohibition on permit issuance on AG preserve land provided the approved operation is accessory to the residence and there will be no commercial boarding, training or other use for pay or similar remuneration.
      (6)   Aquaculture (allowed in AG preserve). The use of water or a combination of land and water for the growing, raising, feeding, breeding or holding of aquatic plants or animals and activities appurtenant thereto. The conditional use permit shall establish whether retail sales are permitted and if permitted to what extent.
      (7)   Retail nurseries provided the retail facility shall not be located within 500 feet of any residence except that of the owner and 50% of the items sold are grown on the site. No more than 10% of the retail business volume shall be non-horticultural items.
      (8)   School bus service. The operation, maintenance and storage of two or more school buses.
         (a)   The business shall be located at least 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
         (b)   Site shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
      (9)   Home extended business accessory use.
         (a)   It is the intent of this section to provide for the use of newly constructed accessory structures, or adaptive re-use of residential accessory and farm structures on parcels two acres or greater by permitting the use of the structures for limited business purposes upon the issuance of a conditional use permit pursuant to this section. Permits shall be issued and remain in effect pursuant to this section only upon findings that the proposed use will clearly be accessory and subordinate to the principal use of the land. Examples of businesses permitted under this section include: woodworking, repair, machining, professional services, and small scale contractor’s activities.
         (b)   The following shall be the minimum conditions/operational standards for the issuance and continuation of such a permit; additional conditions may be added as necessary;
            1.   The business shall be located at least 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
            2.   The business must be conducted in one or more of the following: an attached or detached garage, residential accessory structure, or agricultural structure.
            3.   Businesses prohibited for the purposes of this section shall be on-site recreation and entertainment businesses, mini-storage or seasonal vehicle storage when storage is the principal activity of the business, and businesses that require more than one truck with capacity greater than one ton.
            4.   There shall be no more than four employees in addition to the owner/operator of the business and family of the owner/operator residing in the home, providing the parcel is five acres or greater. Parcels two acres or greater but less than five acres shall be restricted to two employees in addition to family members residing in the home.
            5.   The business shall utilize no more than four business vehicles, providing the parcel is five acres or greater. Parcels two acres or greater but less than five acres shall be restricted to two business vehicles.
            6.   There shall be no retail sales. The sale of incidental stock-in-trade shall not be considered retail sales.
            7.   No more than three clients shall be allowed on the premises at any one time.
      (10)   Contractor’s yards.
         (a)   This subsection is intended to provide for contractor’s yards established after January 1, 1989. A contractor’s yard is a site used for storage of equipment and supplies by a contractor in the operation of his or her business. For purposes of this subsection a contractor is a person whose business is contracting work in any of the building trades, landscaping, road building, sewer installation, or has at least two trucks, but fewer than ten used to supply a service to local communities.
         (b)   The business shall be located at least 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
         (c)   Site shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
         (d)   Employees, except office personnel, report to the site only for the purpose of picking up equipment and supplies, necessary fabrication and general maintenance.
      (11)   Bed and breakfast (allowed in AG preserve). Owner occupied single-family residence where accommodations, including the serving of meals, are offered to transients (guests) on a nightly basis for compensation. The following shall be the minimum standards for the issuance and continuation of such a permit:
         (a)   The bed and breakfast facility shall be a converted or renovated single-family residence wherein the primary function as a single-family residence is maintained and the owner is in residence;
         (b)   Expansions, additions or remodeling effectively converting the residence into a motel, hotel or lodge are prohibited;
         (c)   No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility;
         (d)   The number of guestrooms shall be determined by the number of bedrooms in the house, less the number of bedrooms that have been dedicated to family use. The number of allowable guestrooms shall not exceed five rooms;
         (e)   The primary entrance to guestrooms shall be from within the main residential structure;
         (f)   Meals shall be provided only to those persons lodging on the premises;
         (g)   Food preparation shall not be permitted in any of the guestrooms, nor shall any guestrooms contain cooking facilities;
         (h)   The maximum number of allowable guests shall not exceed ten persons;
         (i)   The maximum number of family and allowable guest shall not exceed the capacity of the existing or upgraded septic system as approved by County Environmental Services;
         (j)   Guests are limited to a stay of no more than 14 consecutive days in length;
         (k)   Off-street parking shall be provided for guests and residents. A minimum of one space for each guestroom and two spaces for the residents;
         (l)   Activities that call attention to persons other than the residents shall be prohibited. Additional activities including, but not limited to, banquets, weddings, meetings, luncheons, recreation, and other gatherings for direct or indirect compensation are prohibited; and
         (m)   The site is of adequate size and configuration to accommodate on-site sewer, parking, screening/buffer and all necessary facilities.
   (D)   Activities allowed as an interim use. Cannabis business, lower-potency hemp edible manufacturer.
      (1)   The business must adhere to all applicable state cannabis ordinances, Office of Cannabis Management license standards and county cannabis registration requirements established by ordinance. The license standards include, but are not limited to, Office of Cannabis Management rules regarding security, standard operating procedures, wastewater, odor and filtration, solid waste disposal, water standards, and energy use.
      (2)   The business operational area shall not be within 1,000 feet of the nearest property line of a parcel containing a school, church, day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field; or within 500 feet of a neighboring residence not on the same parcel of property existing at the time of application for the permit.
      (3)   All exterior lights on a parcel with a cannabis business shall be shielded or use a hood and lens that cast light downward to minimize the amount of light cast onto adjacent properties or upward into the night sky.
      (4)   All outdoor growing areas shall be surrounded by a commercial grade fence at least six feet in height.
      (5)   The operational area of the business shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
      (6)   These standards do not apply to cannabis retailer, lower-potency hemp edible retailer, medical cannabis cultivator, medical cannabis combination business, medical cannabis retailer, and cannabis testing facility license holders. The land use standards for these cannabis businesses are regulated by §§ 152.080 and 152.098.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
§ 152.080 CONDITIONAL/INTERIM USES–LARGE SCALE ACTIVITIES WITH UNIQUE LAND OR LOCATION NEEDS.
   (A)   Minimum criteria for issuance.
      (1)   The activity conforms to all other county ordinances, state, and federal regulations.
      (2)   Minimum five acre lot size; unless another size is specified under a particular provision.
      (3)   Sewage can be managed in accordance with Chapter 52 of this code of ordinances. The county may require design by a registered engineer.
      (4)   The activity shall be located on a hard surfaced (blacktop or concrete) road unless specific approval for location on a township road is given by the affected township or townships. The town board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect.
      (5)   The activity is of a scale that the demand for support services such as sewer, water, police, fire protection, emergency equipment access, roads or streets, can be accommodated within the context of the service levels available in the commercial agricultural area.
      (6)   Land is not subject to the land use restrictions of an AG preserve covenant.
      (7)   The operational characteristics of the proposed activity shall be such that it can be operated on the proposed site and within the current levels of support services and infrastructure. Activities that will have service needs–traffic capacity or roads, waste disposal or management, fire or police protection, sewage disposal–that will exceed those available in the area should locate in municipalities where the services are available.
   (B)   Minimum conditions.
      (1)   Permit shall be subject to administrative review or compliance review as set by the permit.
      (2)   The operational plan and site plan shall become part of the permit.
      (3)   The activity must operate in conformance with the approved site plan and operational plan and other provisions of this chapter. The site plan and operational plan shall become part of the permit.
      (4)   The applicant must submit a copy of workers’ compensation insurance or sign an affidavit stating that he or she will not have any employees.
      (5)   All buildings used in the operation must meet the State Building Code.
   (C)   Activities allowed as a conditional use.
      (1)   Airports and personal use landing strips. Airports must have the approval of the Minnesota Department of Transportation and/or the Metropolitan Airports Commission.
      (2)   Churches. Related structures and activities, including education and classes, located on the same site which are an integral part of the church proper and convents or homes for persons related to the religious functions. The number of dwelling units permitted shall not exceed the number of building eligibilities available or the number of units existing on the church site as of September 1, 1998.
      (3)   New or expanded existing cemeteries. Cemeteries shall not be established in areas with a high water table.
      (4)   Historical sites and activities as recognized by the State Historical Society.
      (5)   Golf courses subject to the following criteria:
         (a)   Golf courses will be permitted only in those townships where the township comprehensive plan states that the use is a compatible and desirable use within the township and the town board forwards a resolution to the county stating that the proposal is in conformance with its comprehensive plan.
         (b)   The course must be located on either a minor collector, a major collector, a minor arterial or major arterial road as identified in the current Public Works' Transportation Plan. The road must be hard surfaced.
         (c)   A permanent club house must be constructed that is adequate in size as per the State Building Code to serve the proposed number of golfers.
         (d)   The course must be a minimum of nine holes.
         (e)   There must be adequate fencing to deter trespassing on adjacent property.
         (f)   The applicant will submit information identifying wetlands, watercourses, water bodies and wooded areas. The applicant will also state how the proposal would affect the above natural features. The proposal will be reviewed to determine adverse impact on the above natural features and on areas or sites of historical or archaeological significance. Conditions may be imposed to limit or prevent adverse impact on the above stated or other natural features.
         (g)   Any of the above requirements may be waived by the County Board for golf courses existing at the time of adoption of the subdivision or for golf courses that were once in existence and are being reactivated.
         (h)   Appropriate uses accessory to a golf course include but are not limited to a pro shop, a club house, locker room, restaurant and bar, private parties, tennis courts, racquetball, swimming pool, indoor track, exercise room, sauna or steam room, snowmobiling, snowshoeing, cross- country skiing.
         (i)   These are uses generally or sometimes found in conjunction with golf courses. Those permitted under a particular conditional use permit will be dependent upon additional parking capacity, the capacity of the on-site sewer system and the water supply system.
         (j)   If these uses are to be permitted they must be addressed in the operational plan. Any changes in use requires an amendment to the conditional use permit.
         (k)   The front yard setback area may be utilized for parking purposes. A parking area located in a front yard setback may not be hard surfaced with asphalt, concrete or similar material. At no time shall a parking lot intrude upon or in any way utilize public right-of-way for parking purposes.
      (6)   Recreational, educational, institutional facilities, agri-tourism or activities that require a location in a rural area because of a need for seclusion or a natural setting or a large area of land or activities conducted on a permanent, seasonal or scheduled basis subject to the following criteria:
         (a)   No more than 20% of the land utilized for the activity, with the exception of agri-tourism, shall be designated as prime agricultural land under till, as illustrated by the Carver County geographic information systems (GIS) mapping;
         (b)   The road authority will grant an access permit;
         (c)   A certificate of insurance and/or a performance surety may be required;
         (d)   A stipulation is made in the permit as to the number of persons to be using the facility at any one time;
         (e)   Any type of special event that will attract or involve more than the number of people stipulated in division (6)(d) above shall require approval of the County Board.
      (7)   Agricultural activities with a retail component, exceeding the scope of an accessory use or administrative special use permit, subject to the following criteria:
         (a)   Ninety percent of the products offered for sale shall be grown on-site; and
         (b)   Sufficient off-street parking must be provided.
   (D)   Activities allowed as an interim use.
      (1)   Medical cannabis cultivator, medical cannabis combination business, cannabis testing facility subject to the following criteria:
         (a)   The business must adhere to all applicable state cannabis ordinances, Office of Cannabis Management license standards and county cannabis registration requirements established by ordinance. The license standards include, but are not limited to, Office of Cannabis Management rules regarding security, standard operating procedures, wastewater, odor and filtration, solid waste disposal, water standards, and energy use.
         (b)   The business operational area shall not be within 1,000 feet of the nearest property line of a parcel containing a school, church, day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field; or within 500 feet of a neighboring residence not on the same parcel of property existing at the time of application for the permit.
         (c)   No other cannabis businesses shall be located at the property.
         (d)   All outdoor growing areas shall be screened from public view and surrounded by a commercial grade fence at least six feet in height.
         (e)   The operational area of the business shall not be located within the Shoreland Overlay District or the Floodplain Overlay District.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)
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