(A) Agricultural chemicals, seed and fertilizer sales, agriculturally-oriented business, grain elevator, grain storage and drying (commercial), livestock sales barn. Within the A-1 District, these uses shall require a conditional use permit and site plan approval. The following standards shall apply.
(1) Site plans shall indicate designated parking areas and signage, where present. Adequate off-street parking shall be as determined in the conditional use permit.
(2) Outdoor storage areas shall be screened from adjacent residences as specified under landscaping requirements found in § 6.15.
(3) Custom meat processing: all custom meat processing activities, including animal slaughter, shall take place within a completely enclosed building with adequate soundproofing and odor control and will meet all federal and state requirements for humane slaughter and meat inspection.
(B) Ethanol or biofuel production, commercial. Within the A-1 District, commercial ethanol or biofuel production shall require a conditional use permit and site plan approval. The following standards shall apply.
(1) Site plan. Site plan review shall be required.
(2) Access. The site must be accessed via a paved road of sufficient capacity to handle the anticipated traffic. A traffic study may be required.
(3) A noise and odor management plan may be required. Noise and odor levels from the facility shall be in compliance with applicable State Environmental Quality Board regulations in effect at the time the permit application is submitted. The applicant shall appropriately demonstrate compliance with the above noise and odor requirements as part of the conditional use permit approval process.
(4) Setback. Any buildings or structures on the site shall be located at least 500 feet from any residential property boundary.
(C) Agritourism. Activities offered on a seasonal, occasional, regular or year-round basis to the general public, invited groups or visitors on a farm or parcel of at least five acres of land. Activities must be related to agriculture or tourism and accessory to the agricultural or community use, and may include, harvest festivals, barn dances, museums, weddings, wedding receptions, event center/indoor recreation facilities, haunted houses, art and craft fairs, corn mazes, pizza farms, farm dinners, haunted hay rides, sleigh rides, farm tours or similar uses. Agritourism may not include activities that include the discharge of firearms, competitions among motorized vehicles or other events that the county determines to be incompatible with the community’s character or intent of the Unified Development Code.
(1) Minimum acreage and location. At least five acres in size and be located at least 500 feet from a residence or residentially platted parcel.
(2) Access and roadways. The site must be accessed via a road of sufficient capacity to handle the anticipated traffic. If an agritourism use is accessed from a county-maintained highway, the County Engineer may recommend conditions to address ingress, egress, signage, and sight-distance concerns. A traffic study may be required.
(3) Site plan and parking. Site plan approval shall be required; site plans shall indicate designated parking areas and signage, where present. Off-street parking shall be constructed of an all- weather surface. Signage requirements shall be as determined in the conditional use permit.
(4) Hours of operation. Hours of operation shall be 7:00 a.m. to 10:00 p.m. for all uses except wedding receptions which may extend to 12:00 a.m., provided there is at least 1,000 feet between the wedding reception hall and the closest off-site residence. Music may be played or performed until 9:00 p.m. for uses with an off-site residence within 1,000 feet of the agritourism structure or use. Music may be played until 12:00 a.m. for wedding receptions, provided there is at least 1,000 feet to the closest off-site residence.
(5) Water and sewer systems. Adequate water service and on-site or portable sewage treatment facilities.
(6) Other retail. May use up to 50% of the interior floor area of the structures designated for agritourism use to sell non-agricultural products.
(7) Food service. Any on-site preparation and handling of food or beverages must comply with all applicable federal, state and local standards. A restaurant, bar, or other defined commercial food preparation activities are not allowed. Alcohol may be served with a consumption-and-display permit, a temporary one-day consumption-and-display permit or a caterer’s permit. A structure used for agritourism may include a kitchen for the following purposes:
(a) Proper assembly, service and storage of food catered from another location;
(b) To produce value-added food products from farm products, such as jams, jellies, pickles, pizza, fermented foods, milk products, pies, jerky or similar products; and
(c) To prepare limited items associated with typical events permitted on the property, such as pies, ice cream, sandwiches, salads, snacks and pizza.
(8) Signage. Signage shall comply with the “Signage Permitted with Businesses” as provided in Article 4.
(9) Farm stays. Any overnight stays by guests shall only be permitted in connection with an approved campground, retreat house, retreat center or bed and breakfast facility as such facilities are allowed or permitted in Article 6 of this code.
(10) Occupancy load. Any agritourism facility with an occupant load of 25 people or more, including employees, must provide a certificate from a licensed Minnesota architect or licensed Minnesota building official indicating:
(a) The uses permitted within the facility;
(b) The maximum number of people that may attend any event by use;
(c) That the facility meets the requirements of the Minnesota Building Code and Minnesota Fire Code; and
(d) The permitted occupancy load of any agritourism facility must be listed by use within the conditional use permit and posted and clearly visible in the entry areas of the facility.
(11) Agritourism in the SO Shoreland Overlay District. No agritourism use shall occur within principal setback from the Ordinary High Water Level (OHWL) of any protected water basin (lake) or any protected watercourse (stream or river) listed in § 5.01 of this code.
(12) Special events permit required. Special events must obtain a special event permit, as specified in § 3.09.
(D) Feedlots. Within the UE and VMX districts, existing feedlots may continue as conforming uses, but any expansion of an existing feedlot shall require a conditional use permit. No new feedlots or expansion or improvement of existing feedlots is allowed in the LR district or in the area extending 1,000 feet from the LR District.
(E) Nursery, tree farm. Within the A-1 District, a nursery or tree farm that includes retail sales to the general public shall require a conditional use permit and site plan approval. Site plans shall indicate designated parking areas and signage, where present. Adequate off-street parking shall be as determined in the conditional use permit.
(F) Natural resource manufacturing and processing.
(1) Site plan required. Site plan approval shall be required; site plans shall indicate designated parking areas and signage, where present. Adequate off-street parking shall be as determined in the conditional use permit.
(2) Outdoor storage. Outdoor storage areas shall be screened from adjacent residential or agricultural districts as specified under the landscaping requirements found in § 6.15.
(G) Agricultural direct-market business. A seasonal or year-round agricultural business operated on a parcel of at least five acres selling farm-raised products, including animal products such as meat, fish and eggs, produce, bedding plants, plant or wood materials, or any derivative thereof, such as jams, jellies, wool products, maple syrup and similar products. Products are sold directly to consumers without an intermediate wholesaler or distributor. This use may include, but is not limited to, pick-your-own operations, roadside stands, farm fishing and similar businesses.
(1) Maximum size of structures used in connection with an agriculture direct-market business shall not exceed a combined total floor area of 800 square feet.
(2) Sale of goods produced off-site within the A-1 Agricultural District: no more than 25% of the square footage of the farm stand may be used to stock products raised, grown, produced, or made off the farm on which the farm stand is located. The use of more than 25% of the square footage of a farm stand within the Agricultural District to stock products raised, grown, produced, or made off the farm on which the farm stand is located may be done only with a conditional use permit.
(3) Parking: off-street parking shall be provided outside the road right-of-way.
(4) Setbacks: farm stand structures and parking areas shall be located at least ten feet from any road right-of-way, and at least 50 feet from adjoining properties.
(5) The majority of the product sold on the property shall be grown or raised on the property.
(6) An agricultural direct-market business may use up to 100 square feet of retail space of the business to sell non-agricultural products. Non-agricultural products may only be sold during periods that agricultural products are also sold.
(7) No sale of product shall take place on any state, county or township road or right-of-way.
(8) All structures, including temporary structures, shall meet the minimum setback requirements of the zoning district. All buildings used in conjunction with the use shall meet the requirements of the State Building Code.
Permitted and Conditional Uses | ||||
Zoning Districts | Agritourism | Agricultural Direct-Market Business | ||
Permitted Use | Conditional Use | Permitted Use | Conditional Use | |
Permitted and Conditional Uses | ||||
Zoning Districts | Agritourism | Agricultural Direct-Market Business | ||
Permitted Use | Conditional Use | Permitted Use | Conditional Use | |
AIC Ag Interpretive Center | X | X | ||
A-1 Agriculture Protection | X | <25% products produced off-site | >25% products produced off-site | |
HC Highway Commercial | X | X | ||
I Industrial | X | X | ||
LR Limited Residential | X | |||
UE Urban Expansion | ||||
VMX Village Mixed Use | ||||
(H) Mineral extraction, mining.
(1) Conditional use permit required. A new excavation or extraction operation, or the expansion of an existing operation, shall require a conditional use permit meeting the general requirements in Articles 3, 5 and 6 and the following specific provisions.
(2) Application requirements. Maps of existing conditions, the proposed pit or excavation and accessory structures, and site after reclamation shall be prepared by a professional engineer or land surveyor and filed with the application.
(a) The existing conditions map shall include: contour lines at five-foot intervals, existing vegetation, existing drainage and permanent water areas, existing structures, existing wells.
(b) The proposed map shall include, location and type of structures to be erected, location of processing machinery (if any), location of sites to be mined showing depth of proposed excavation, location of excavated deposits showing maximum height of deposit, location of storage of excavated materials showing the maximum height of excavated storage materials, location of stored mining materials, location of vehicle parking, erosion and sediment control structures.
(c) The reclamation map shall include: final grade of proposed site showing elevations and contour lines at five-foot intervals, proper sloping of banks at a maximum of 4:1, location and species of vegetation to be replanted, location and nature and nature of any structures to be erected in relation to the end use plan.
(3) Topsoil removal. The mining of topsoil for permanent removal from the property is prohibited.
(4) Required conditions. No conditional use permit shall be issued unless, at a minimum, the following conditions are included:
(a) An annual review of the site by the Zoning Administrator and as needed if the Zoning Administrator, using his or her discretion, deems it necessary. A fee shall be paid by the applicant at the time the application is submitted in an amount to cover the costs of the number of annual reviews required by the permit; the number to be determined by the length of the permit;
(b) Provide a plan for phasing excavation so that no greater area than a ten-acre cell is open at any time and provide a plan for reclaiming areas as new phased cells are opened. Properly drain, fill or level any excavation, after created, so as to make the same safe and healthful as the Board shall determine;
(c) Provide a plan specifying the amount and location of excavated materials to be stockpiled on site for any length of time;
(d) Provide a plan for dust and noise control meeting the standards of the State Pollution Control Agency during operations, so as to not create a nuisance to adjoining properties. Any dirt or gravel deposited in the public right-of-way shall be removed at regular intervals;
(e) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property;
(f) Limit the hours of operation from 7:00 a.m. to 7:00 p.m. Monday through Friday and from 7:00 a.m. to 12:00 p.m. on Saturdays and there shall be no mining activities on Sundays or the following observed holidays: New Year’s Day; Easter; Memorial Day; Independence Day; Labor Day; Thanksgiving; and Christmas Day. A one-hour quiet start up time is allowed prior to the above-established times;
(g) During operation, fence, properly guard, and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks. Install an iron pipe gate (or other gate structure as approved by the County Board) at entrance access point(s) that remain locked during non-operating hours;
(h) Restrict runoff from the site to lake, rivers, streams or adjacent properties. The operation shall not interfere with surface water drainage beyond the boundaries of the site, nor shall it adversely affect the quality or quantity of subsurface water resources. Surface water originating outside and passing through the mining site shall, at the point of departure from the mining site, be of equal or better quality to the water where it enters the mining site. The permittee shall perform any water treatment necessary to comply with this provision at his or her or their expense; and
(i) Trucks entering and leaving the mining site shall utilized hard surfaced roads unless specific approval is granted by affected township(s). Should the township(s) allow for use of a non-hard surfaced road, the permittee shall provide adequate dust control so as to not create a nuisance to adjoining properties. All access roads from mining operations to public highways shall be laved or surfaced with gravel to minimize dust conditions. Provide adequate signage for public safety, such as “Trucks Hauling” signs.
1. All processing of mined materials on-site shall be done as to minimize adverse impacts of noise and dust on adjoining properties.
2. Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted. Provide, for the purpose of retaining impounded waters, a container of sufficient strength and durability and maintain such container in safe and proper condition.
3. Stockpile topsoil for use in reclamation in a manner that prevents soil erosion. Any soils contaminated shall be mitigated as required by the MPCA and the appropriate authorities in the manner shall be promptly notified.
4. Grade site after extraction is completed so as to render it usable, replace topsoil, seed where required to avoid erosion and an unsightly mar on the landscape. The permittee shall comply with all reclamation standards required by the Board and shall follow the recommendations of the SWCD.
5. Structures, storage of excavated materials or topsoil, and the excavation edge shall be setback at least 300 feet from any protected water and at least 100 feet from an adjoining property line or public right-of-way. Mining and mining material operations and processing shall not be conducted within 100 feet of an adjoining property line or public right-of-way. No on-site processing of materials or storage of excavated materials or topsoil shall occur within 1,000 feet of a residence.
6. The permittee shall be responsible for maintenance and restoration of all county/township roads leading to the mining operation that may be damaged due to activities involving the mining operation unless the permittee can prove to the Zoning Administrator’s satisfaction that the mining operation was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of the road authority’s satisfaction.
7. Permittee shall be subject to review and compliance of the above-listed conditions. The county may enter onto the premises at reasonable times and in a reasonable manner to ensure the permit holder is in compliance with the conditions and all other applicable statues, rules and ordinances. The County Board reserves the right to impose additional restrictions or conditions to the issuance of a conditional use permit, as it deems necessary, to protect the public interest.
(5) Bonding required. As a condition of granting the permit, the County Board shall require the owner, user or applicant to post a bond, in such form and sum as the Board shall determine, with sufficient surety running to the county, conditioned to pay the county the cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel, in removing materials from any pit, excavation or impounded waters, the amount of such cost and expense to be determined by the County Engineer; and conditioned further to comply with all the requirements of this ordinance and the particular permit, and to pay any expense the county may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. In addition, a performance surety shall be provided in the amount of $50,000. The surety shall be used to reimburse the county for any monies, labor or material expended to bring the operation into compliance with the conditions of the permit.
(6) Duration of permit. The duration of the conditional use permit shall not exceed five years. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and property close the site.
(7) Renewal. As a condition of renewal of a conditional use permit for excavation or extraction, the applicant must provide evidence of an active operation during the prior permit period.
(I) Hunting shacks.
(1) Density standards.
(a) One shack or dwelling per lot of record if the general standards in this section can be met.
(b) One shack per new lot if the new lot is ten acres or more and the general standards in this section can be met.
(c) One shack per 80,000 square feet, with a minimum of 60,000 square feet to be left in the natural state, if the general standards and the leasing standards can be met. Note: existing shacks will be counted in density calculations.
(2) General standards.
(a) Septic systems are not allowed (except within a group leasing situation). Pit toilets must be built according to State Pollution Control Agency and the State Department of Health standards, through the county sewage permit process.
(b) Wells and running water systems are not allowed. This prohibition applies to any water supply, including tanks of water brought in and either pumped or gravity flowed and discharged from the shack via a pipe or hose. Water in hand carried containers may be utilized but may not be employed so as to cause a discharge of sewage from a pipe or hose.
(c) Floor area must not be over 250 square feet. Any deck or porch area shall be included as part of the square foot calculations and shall be considered as part of the structure.
(d) The maximum height permitted is one story. That is no more than 14 feet above grade and includes any pilings or blocks the shack may be placed on. No basement area is permitted.
(e) The 200-foot setback from ordinary high water mark must be adhered to on all structures except docks.
(f) A shack located within the Shoreland District must have at least 200 feet of shoreline.
(g) Each lot must be adjacent to a public road or a recorded easement to allow access.
(h) The shacks must be removed if found in a dilapidated and/or abandoned conditions.
(i) A land survey by a registered land surveyor may be required.
(3) Leasing standards.
(a) There must be 200 feet of shoreline for each shack unless a cluster lease plan is approved, where the total shoreland shall be 200 feet times the number of shacks.
(b) Lots of less than ten acres created after the date of this amendment, August 22, 1989, will not qualify for building permits. If the newly created lot is ten acres or more, the owner of the lot may lease hunting shacks in accordance with leasing standards put forth in this section.
(c) Clustering will be allowed and density bonuses may be granted if common docks and launch areas are utilized or if other wildlife benefitting measures are incorporated into the operating plan. All Department of Natural Resources standards will be adhered to.
(d) The leased shack areas must be accessible for inspection and safety purposes.
(4) Application guidelines.
(a) The conditional use permit application must be accompanied by maps showing topography, ordinary high water line, existing structures, land ownership, elevations, roads, vegetation and proposed shack sites and natural land.
(b) Applications for leasing must also show an operating plan, including sewage systems, roads, lake access and other applicable features.
(c) The county may request additional information from the applicant if conditions warrant.
(d) The county may impose additional conditions on the conditional use permit.
(e) The county may require bonding to protect against future public costs.
(5) Permit cancellation. The permit may be canceled at any time the standards or conditions are not being followed but otherwise would go with the land.
(Ord. 97, passed 7-21-2009; Ord. 121, passed 6-16-2015; Ord. 125, passed 7-18-2017; Ord. 143, passed 9-15-2020)