(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 a principal 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.
(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.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)