The following are permitted accessory uses within the agriculture district, but require that certification of zoning compliance be issued by the Department prior to initiation:
(1) An appropriate official as designated by the township has been notified for review and/or comment.
(2) The appropriate road authority has, or is willing to grant an access permit or approval. In cases where access would be via a township road the certificate of zoning compliance shall not be issued unless the affected township approves the access.
(3) Plans and/or application are approved by the Department. Approval by the Soil and Water Conservation District and/or an appropriate watershed authority may be required by the Department to address ground/surface water related factors. The Department can issue a permit only if the relevant criteria listed are sufficiently satisfied. If non-compliance is determined, the applicant shall be notified in writing of the reasons for denial.
(4) An application is submitted, in a format determined by the Department that may include the following: a plan illustrating the location of the project or event, and location of any structures, equipment, parking areas, and/or areas for obtaining or depositing fill, proposed erosion/sediment control, final grading, turf establishment and drainage design. The application would typically include a letter and/or attachments giving an in depth description of the proposed operation. The description should contain documentation pertaining to the landowner’s consent, the number of employees reporting to the site, plans for traffic control, parking and waste management. The application should address parts of the operation that may have an adverse impact on the environment, pose a risk to the public or that may impact neighboring property owners and methods for mitigation of any adverse factors.
(5) The Department has the authority to require plans that are prepared by a registered professional engineer, hired by the applicant, for any site deemed to be environmentally sensitive. For the purposes of this section, environmentally sensitive shall be: on or adjacent to 18% or greater slopes; on or adjacent to waters of the state; floodplain; shoreland impact zones; wellhead protection areas; and/or sites with a direct and immediate adverse relationship to ground or surface water. The decision regarding professional plans would be subsequent to consultation with SWCD or an appropriate watershed authority.
(6) The Department may require a performance security (surety) and/or a liability insurance certificate for projects having a significant restoration component or the potential for unusual public health, safety and welfare risks. For the purposes of this section, restoration/risk shall be those activities that: include a public improvement; are open and accessible to the general public; and/or would involve land reclamation or disposal costs that could be incurred by the public. The decision regarding sureties and insurance would be subsequent to consultation with the County Risk Manager and/or a County Attorney.
(7) The certificate shall clearly state the conditions, if any, upon which it is issued. A copy of the certificate may be recorded against the property if deemed necessary and appropriate by the Department.
(8) Any permit issued under this section is issued to the applicant for the parcel named in the permit only and is not transferable to another parcel of property or to another owner of the parcel for which the permit was issued. The Department has the authority to revoke and enforce the permit.
(B) Activities requiring a special use permit.
(1) Personal storage structures of 2,000 square feet or less on parcels of 20 acres or more, provided a building eligibility is available and the landowner submits an affidavit or proper surety stating the single-family dwelling will be constructed within two years of the issuance of the certificate of compliance.
(2) Agricultural structures that include an accessory structure and/or personal storage component on parcels of 20 acres or more, provided the agricultural structure, accessory structure and/or personal storage sizes and uses meet the standards of this chapter and are constructed in accordance to Minnesota State Building Code.
(3) Driveway construction and associated land preparation prior to issuance of a residential building permit provided a building eligibility is available. A survey of affected property lines shall be obtained, at the property owner’s expense, and submitted to the Department when project is within ten feet of a property line.
(4) Grading, excavating, or filling of 400 cubic yards or more but less than 10,000 cubic yards for one project including, but not limited to landscaping, excavation, site preparation for building and similar activity and land improvements. A survey of affected property lines shall be obtained, at the property owner’s expense, and submitted to the Department when project is within ten feet of a property line.
(5) Temporary uses on private property by a township, city, county, the state or persons engaged in a construction project for a township, city, county, or the state. If the project is not temporary in nature, then the applicant must apply for a conditional use permit.
(6) Occasional special events not to exceed three requests per year for any parcel of land. Gatherings or events, typically one or two days in length, which are open to or accessible by the general public. The County Board must approve the issuance of the permit. For the purpose of this section, an event permitted by the County Parks Department which takes place within a county park is exempt from this provision.
(7) Contractors’ yards existing prior to January 1, 1989 are allowed to remain but not expand, pursuant to a certificate of compliance provided the applicant submits verifiable proof that his or her contractor’s yard was in existence on the date.
(8) Spreading of petroleum contaminated soil. Soil that has been determined by the Minnesota Pollution Control Agency to be contaminated with petroleum may be land spread upon issuance of permit pursuant to this provision. The following additional criteria also apply to this provision:
(a) The MPCA has issued or has indicated that it will issue a permit for the land spreading of contaminated soil on the proposed site;
(b) The affected township or townships approve the issuance of the permit. Approval shall have occurred at a town board meeting. All property owners within ½-mile of the proposed site shall be given notice that the matter is to be considered at the town board meeting;
(c) The Carver County Environmental Services Department has reviewed and approved the proposal. The Director of Environmental Services may impose conditions upon the permit;
(d) The County Board of Commissioners must approve the application prior to approval.
(9) Temporary home or emergency dwelling. An interim home or emergency dwelling (such as, travel trailer) may be temporarily located on a parcel for the purpose of housing the property owners while they are constructing a permanent homeprovided:
(a) Temporary homes require the following:
1. The property owner must obtain building and SSTS permits for construction of a permanent home;
2. A building permit must be obtained for the temporary home. The temporary home is not required to be attached to a permanent foundation and may be less than 20 feet in width but it must meet the applicable requirements of the building code;
3. An SSTS must be installed in accordance with
Chapter 52 of this code of ordinances prior to occupancy of the temporary home;
4. There must be a water supply meeting the state plumbing code available for the temporary home;
5. The temporary home must be removed within two years of issuance of the building permit for the permanent home;
6. The temporary home must be removed from the parcel within thirty days of issuance of a certificate of occupancy for the permanent home.
(b) Emergency dwellings require the following:
1. A travel trailer, motor home or similar dwelling is needed in an emergency situation (such as, fire, tornado) and when the length of time the temporary home will be needed would typically be less than 180 days;
2. The landowner is in the process of obtaining building and SSTS permits (if needed) for the construction or repair of the permanent home;
3. The property owner must obtain approval by the Department and Building Official for occupancy of any temporary trailer;
4. The temporary manufactured home must be unoccupied within 30 days of issuance of a certificate of occupancy for the permanent home.
(10) Roadside stands less than 200 square feet for the sale of horticultural products grown on the premises or grown by the owner of the roadside stand, on a seasonal basis, that has a “pick your own” component with an operational area accessed by the public greater than two acres in size, provided sufficient off-street parking is available.
(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)
