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(A) Violation constitutes a misdemeanor. Violation of the provisions of this subchapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(B) Other lawful action. Nothing in this subchapter restricts the county from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this subchapter and will be prosecuted accordingly.
(C) Enforcement. Violations of the provisions of this subchapter will be investigated and resolved in accordance with the provisions of § 152.999. In responding to a suspected subchapter violation, the Zoning Administrator and County Board may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The county must act in good faith to enforce these official controls and to correct subchapter violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
(A) Floodplain designation: restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Department of Natural Resources (DNR) if it is determined that, through other measures, lands are adequately protected for the intended use.
(B) Amendments require DNR approval. All amendments to this subchapter must be submitted to and approved by the Department of Natural Resources (DNR) prior to adoption.
(C) Map revisions require ordinance/Zoning Code amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 152.006 of this chapter.
(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
TRANSITION AREA OVERLAY ZONE
All land in the Transition Area Overlay Zone shall remain in the Agricultural Zoning District with the following restrictions and requirements:
(A) Animal agriculture. New animal agriculture operations of 30 animal units (AU) or more are prohibited. For the purpose of this section, a NEW ANIMAL AGRICULTURE OPERATION shall mean ten AU or more, as defined in the feedlot management regulations. Animal agriculture operations having 30 animal units or more, existing as of January 2, 2002, shall not be expanded such that there would be an increase in the number of AU documented by the operator’s Feedlot Registration.
(B) Residential density. The residential density shall not exceed one dwelling unit per quarter-quarter section (1 per 40). “1 per 40, 1 per ¼-¼” building eligibilities and “lot of record” building eligibilities shall be determined, assigned and managed in accordance with the provisions of this chapter.
(1) Conditional use permits allowing up to four dwellings per ¼ ¼ section are allowed provided they are compatible with the density option chosen by the township in their chapter of the Carver County Comprehensive Plan, any current orderly annexation agreement, and the annexing city's future land use for the site.
(2) The transferring of eligibilities to parcels within the County's Transition Area Overlay Zone, pursuant to the comprehensive plan, shall not be permitted. The transferring of eligibilities within a transition area would be permitted if the request conforms to the annexing city's future land use for the site. Once the paperwork is submitted by the annexing city to the Administrative Law Judge, the subject parcel(s) are prohibited from sending or receiving building eligibilities.
(C) Administrative permits. Applications or requests for accessory uses and structures requiring an administrative special use permit shall be referred to an appropriate municipal official for review and comment before the permit is approved or denied by the Department.
(D) Conditional use permits. Applications or requests for conditional uses shall be referred to an appropriate municipal official for comment and consideration as early on as possible, at a minimum, prior to the public hearing. Conditional uses provided for in the Agriculture District should not be permitted in transition areas if they are a significant departure from the future land use in the city’s comprehensive plan and the use is of a nature that it could not easily and economically be converted to the planned land use upon urbanization.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
RESIDENTIAL CLUSTER DISTRICT
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