(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.
(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.
(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)