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)