§ 152.097 CONDITIONAL USE PERMITS.
   Within the Rural Service Districts, conditional use permits may be issued for the following:
   (A)   Newly proposed use. Land uses supporting the agricultural economy or serving the needs of the surrounding rural community provided one of the following minimum criteria are met:
      (1)   Rural community-related uses serving the needs of the people of the immediate area by providing family recreation, religious facilities, minimum convenience shopping, minor repair services, light manufacturing, and those activities listed as conditional uses in § 152.079 provided the applicable regulations can be met. Any rural community-related use shall be of a scale no larger than that necessary to serve the needs of the local rural community.
      (2)   Agricultural support. An activity providing goods or services related to the conduct of agriculture.
   (B)   Adaptive re-use of existing structures and buildings. Conditional/interim use permits for commercial, light manufacturing, or institutional purposes may be issued for the adaptive re-use of buildings or facilities constructed at least 15 years or more from the current date. Permits pursuant to this section may not provide for substantial expansion of the existing operation or provide for new buildings or facilities. The following criteria must be met in order to qualify for this provision:
      (1)   The building or facility was designed and constructed for a commercial, industrial, or institutional purpose;
      (2)   The structural condition of the building or facility is determined to be sound and not in need of major repair or rehabilitation;
      (3)   The building or facility is of a size, type of construction, or configuration that it is not reasonable to expect that it can be efficiently or economically used as a newly proposed use as described above; and
      (4)   The operation utilizing the building or facility substantially conforms to newly proposed use provisions of the Rural Service District.
   (C)   Special provisions. A conditional permit for limited highway service uses may be issued in Hollywood Station RSD. A conditional use permit of dairy product processing and appurtenant activities may be issued in Bongards RSD provided waste treatment is accomplished in accordance with state and federal regulation.
   (D)   Adult uses.
      (1)   A conditional use permit shall be required for the establishment of an adult use business pursuant to Chapter 113 of the Carver County Code. A conditional use permit pursuant to this provision shall not be issued until the proposed adult use has an approved provisional adult use license pursuant to Chapter 113. In considering a conditional use permit pursuant to Chapter 113 of the Carver County Code:
         (a)   Only the definite, objective guidelines and standards of §§ 152.245 through 152.251 apply; and
         (b)   No general health, safety and welfare requirements shall apply, as adult use businesses as defined in Chapter 113 are protected by the First Amendment of the United States Constitution.
      (2)   The requirements of this chapter which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain in full force and effect.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 66-2010, passed 4-13-10; Am. Ord. 97-2021, passed 7-20-21)