(A)   No structure shall be erected, converted, enlarged, reconstructed, or altered and no structure or land shall be used for any purpose nor in any manner unless it complies with the provisions of this chapter. A land use and/or structure that is not referenced by the provisions of this chapter shall be considered prohibited.

   (B)   Compliance with this chapter shall be required as follows:

      (1)   Before any land is hereafter occupied or used for any permitted or accessory use in this chapter;

      (2)   Before any land is hereafter occupied or used in any manner for which an administrative permit is issued, a conditional use permit or interim use permit is issued or a variance is ordered;

      (3)   Before any building is erected or structurally altered;

      (4)   Before the principal use of a building, structure or land is changed, or the open space character of the land is changed;

      (5)   Before any land is filled or is excavated and more than 400 cubic yards of material is displaced. All activities involving fill or excavation activities in a Floodplain District shall require an application for a certificate;

      (6)   No accessory structure or accessory use, other than those specifically allowed by this chapter, shall be permitted prior to the time of the construction of the associated principal structure or establishment of the associated principal use.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   All applicants for permits or certificates pursuant to this chapter shall, as part of their application, disclose the use or storage of any hazardous materials or chemicals, including but not limited to items that are flammable, combustible, corrosive, toxic or reactive, or any material that could be considered hazardous waste as defined by Chapter 51 of this code of ordinances. Any permits issued where these substances are present shall address the proper management of the materials.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   All activities conducted pursuant to this chapter, including activities that involve grading, filling, or excavation, shall comply with Chapter 153 of the Carver County Code (Water Resource Management) within the Carver County Water Management Organization or the Minnehaha Creek Watershed District permitting standards within the Minnehaha Creek Watershed, and the erosion and sediment control design and operational standards as set forth in Minnesota Permit R1000001 (the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System), as amended from time to time. If one is more restrictive, then the more restrictive shall apply.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

   No structure or temporary structure shall be located in or on any public lands or rights-of-way without a permit issued pursuant to appropriate county ordinances or other regulations.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   A boundary line fence is any fence that is erected within the required structure setback for a property. A boundary line fence may be erected in a required yard but shall not be erected in the public right-of-way. Boundary line fences shall not exceed seven feet in height; the only exceptions to this limitation are when a fence higher than seven feet is specifically required for an agricultural operation or for screening/security as part of a conditional use permit, variance, or other county permit process. Fences shall be no higher than the horizontal distance between the fence and any residence on a neighboring property. The height of a fence shall be measured based on the average grade of the surrounding area. In cases where a fence is constructed on a berm raising it above the surrounding area, the height of the berm shall be included in the height measurement. On the interior lot lines of any property, boundary line fences shall be located on the property of the property owner causing the fence to be erected, unless the adjoining property owner agrees in writing to have the fence erected on the property line. If no agreement can be reached, a fence may still be erected on the property line, provided property survey markers are present and known, otherwise a survey needs to be conducted. Fences seven feet or more in height shall be constructed only after the issuance of a permit as provided in the State Building Code.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   No garage, tent, trailer or cargo container, recreational camping vehicle, or accessory buildings shall at any time be used as a permanent dwelling unit. Temporary occupancy shall only be allowed in accordance with the standards of this chapter.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   No more than one principal residential structure shall be located on a lot or as otherwise allowed in accordance with the standards of this chapter.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   No more than a total of two unlicensed and/or inoperable motor vehicles shall be kept or stored outside a building in any district unless specifically permitted by this chapter or a CUP. On properties less than one and one-half acres in size an accumulation of more than five licensed vehicles located outside a building is prohibited. For the purposes of this section motor vehicles shall include, but are not limited to, cars, trucks, semi tractors and/or semi trailers, boats, motorcycles and recreational vehicles, regardless of whether the vehicle has a motor. The following shall be considered to be equivalent to one unlicensed or inoperable vehicle for the purposes of this chapter:

   (A)   A vehicle without current registration; or

   (B)   A vehicle that is not functional or operable; or

   (C)   An out-of-service item of motorized farm equipment on a parcel less than 20 acres; or

   (D)   Vehicle parts accumulations of five cubic yards.

(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

      (1)   Lots for a dwelling unit under the 1/40 (one per quarter-quarter) provision shall have the following minimum lot sizes: 1½ acres in non-shoreland; 1½ acres in shoreland of rivers or watercourse, general or recreational development lakes; 2 acres in shoreland of natural environment lakes.

      (2)   Lots for a dwelling unit under the density options and all conditional use provisions shall have the following minimum lot size: 2½ acres unless a different size is specified in the requirements for a permit.

      (3)   A parcel for which agriculture is the only reasonable use as defined by this chapter must be a minimum of 20 acres.

         (a)   Natural environment lakes - 200 feet;

         (b)   Recreational development lakes - 150 feet;

         (c)   General development lakes - 150 feet;

         (d)   Protected rivers and watercourses - 150 feet.

      (1)   Minimum road frontage and lot width - 66 feet. This 66 feet shall either include the existing driveway or a new driveway that is constructed to minimize the severing of tilled land.

      (2)   Lot width will be measured at the building location and must be such that the side yard setbacks of the zoning district are met for all existing buildings.

      (3)   Lot depth shall be such that the distance from the buildings to the rear lot line meets the rear yard setback of the zoning district.

      (4)   Lot shall be configured so that there is an area that can be utilized for an alternate SSTS.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)

      (1)   Chimneys, flues, belt courses, leaders, sills, pilaster, lintels, cornices, eaves, gutters, provided they do not extend more than two feet into a setback area;

      (2)   Yard lights and signs provided they are located three feet or more from all lot lines. Luminaries must be full-cutoff or fully shielded. Lights for illuminated parking or loading areas or yards for safety and security purposes may be installed where necessary provided that glare is not visible from public right-of-way or adjacent residential property and not more than three foot candles of light intensity is present at a residential property line;

      (3)   In the front yard, balconies that extend a distance of four feet or less, provided they are seven feet or more above grade at the building line. Also steps, driveways, stoops, and uncovered porches which do not extend in elevation above the ground floor level of the principal building;

      (4)   In the side yard, terraces, steps, uncovered porches or stoops which do not extend in elevation above the height of the ground floor level of the principal building; and

      (5)   In the rear yard, recreation equipment, parking, driveways, patios.

 

 

 

 

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)

   (D)   New lots containing existing uses. New lots which contain an existing land use required to utilize an SSTS shall not be created unless the existing SSTS is issued a certificate of compliance or a guarantee is provided that ensures the issuance of a certificate of compliance within ten months of the application approval date or the time required by Chapter 52 of this code of ordinances, whichever is more restrictive. Lots of less than 20 acres shall submit a plan with soil borings for an alternate SSTS site. The plan shall include a soil borings report for the site, which has been prepared by a licensed SSTS designer. A certificate of compliance and an alternate SSTS site shall not be required when the lot is the result of a land exchange for purposes of correcting errors in legal descriptions, changing legal descriptions to reflect lines of occupation, or the attachment of land to an existing parcel to provide land to accommodate an SSTS upgrade or to bring a nonconforming lot into conformity. For the purpose of this section, a new lot shall be any parcel, parent parcel, or remnant parcel created as the result of a minor subdivision or plat application, pursuant to Chapter 151 of this code of ordinances.

(Ord. 47, passed 7-23-02; Am. Ord. 64-2008, passed 4-8-08; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Relation to road authority. Nothing in this chapter shall abrogate the ability of a road authority to approve, deny, or require modification of an access, require a permit for an access, develop and impose standards and conditions for an access. Approval by the Department of an access pursuant to this chapter shall not constitute approval by the road authority nor shall approval by the Department require that the road authority approve the access.

   (C)   Field access drives. A new or existing field entrance is exempt from the standards of this chapter provided all other permitting requirements of the road authority are met. An access connection to a farmstead, feedlot or farm-related structures are not considered a field entrance, and must comply with the standards of this chapter. If a different use for a property served by an existing field entrance is proposed, the presence of a field entrance shall not be construed as a right to continue that access connection. When the use of the property changes to a nonexempt use, compliance with the standards of this chapter shall be required, which shall include compliance with access permit requirements.

      (1)   All new driveways for residential, commercial or zoning permits shall be constructed in accordance with State of Minnesota adopted standards and policy, per Minnesota Department of Transportation (MnDOT) regulations.

      (2)   Authorization to construct or alter an access to a state highway shall consist of a permit signed by the MnDOT Engineer or authorized representative. No access shall be constructed or altered to a state highway until such permit has been obtained.

      (3)   All existing driveway or field access locations may be modified, closed or altered as a conditional approval for any plat approval, zoning permit, grading permit or building permit issued by the county.

      (4)   Turn and/or by-pass lanes may be required as a condition of approval for certain traffic generating land uses (i.e. permitted, conditional or interim use) as determined by the MnDOT Engineer or authorized representative.

      (1)   All new driveways for residential, commercial or zoning permits shall be constructed in accordance with county adopted standards and policy.

      (2)   Prior to submitting a subdivision application, the applicant shall demonstrate access to the parcel.

         (a)   If the proposed access is on a county road an approved access permit is required prior to subdivision approval.

         (b)   If the proposed access is a shared access on a county road an approved access permit is required prior to subdivision approval.

         (c)   For shared access locations an easement needs to be recorded on all properties, where applicable.

      (3)   Authorization to construct or alter an access to a county road shall consist of a permit signed by the County Engineer or authorized representative. No access shall be constructed or altered to a county road until such permit has been obtained.

      (4)   All existing driveway or field access locations may be modified, closed or altered as a conditional approval for any plat approval, zoning permit, grading permit or building permit issued by the county.

      (5)   Turn and/or by-pass lanes may be required as a condition of approval for certain traffic generating land uses (i.e. permitted, conditional or interim use) as determined by the County Engineer or authorized representative.

      (1)   Authorization to construct or alter a driveway on a township road shall consist of a permit signed by a representative of the Town Board.

      (2)   Driveways shall be constructed in accordance with township standards.

      (3)   No driveway shall be constructed to a township road until such permit has been obtained.

      (1)   For a county road and a township road, access on the township road shall be at least 1/8 mile (660 ft.) From the intersection of the county road and shall not be located within any turn lane serving the county road intersection.

      (2)   For two township roads, on the road of higher classification, the access shall be no closer than 300 feet from the center of the proposed access to the center of the intersecting public road;

      (3)   For two township roads, on the road of lower classification, the access shall be no closer than 150 feet from the center of the proposed access to the center of the intersecting public road;

      (4)   At an intersection of two roads with the same functional classification, the road with the higher traffic volume shall be considered the road of higher classification;

      (5)   Accesses shall not be located within any turn lane or bypass lane.

(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21)

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

      (1)   The Department and the County Board of Commissioners shall have the authority to modify parking standards for special use and conditional use permits, when applicable.

      (2)   Existing off-street parking spaces upon the effective date of this chapter shall not be reduced in number unless the number exceeds the requirements set forth herein for a similar new use.

      (3)   The owner or occupant of all land parcels in the unincorporated area of Carver County shall provide off-street parking as set forth in this chapter to alleviate or prevent congestion of the public right-of-way and promote the safety and general welfare of the public.

      (4)   Should a building, structure or use in existence upon the effective date of this chapter be damaged or destroyed by fire or other cause, it may be re-established according to standards regarding any nonconformities but in doing so the number of off-street parking spaces which existed must be retained and should plans be proposed for enlarging the floor area, seating capacity or other facilities which would affect the parking spaces, shall be enlarged accordingly.

         (a)   In all zoning districts, any off-street parking space shall not be designated within the actual or prescriptive road right-of-way, whichever is greater.

         (b)   The parking spaces must not create unsafe traffic or pedestrian conditions.

      (1)   Off-street parking areas shall be surfaced to control dust and shall be drained to dispose of all surface water accumulation within the parking area in accordance with the County Erosion Control and Water Management Plan. All surfacing must be completed prior to the occupancy of the structure, unless otherwise approved by the Department and/or County Board of Commissioners.

      (2)   Each parking space shall be unobstructed and not less than 9 feet wide and 20 feet in length, plus adequate system of access.

      (3)   The grade elevation of any parking area shall not exceed 5% except as approved by the Department.

      (4)   Disability accessible parking spaces shall be provided as applicable pursuant to M.S. § 169.346, as it may be amended from time to time.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)

   (Note: many of these standards pertain to state or federal jurisdiction and are referenced as such.)

   (A)   Purpose: The guiding of development so as to create a compatible relationship of uses depends upon certain standards being maintained.

   (B)   Uses permitted in the various districts, conditional and accessory uses, shall conform to the following standards:

      (1)   Semi-trailers, railroad cars, or similar equipment shall not be used as commercial or residential accessory structures.

      (2)   A single cargo container may be used for permanent personal storage or as an agricultural storage structure on a legally described parcel, provided the following conditions can be met:

         (a)   The subject parcel is a minimum of five acres.

         (b)   The subject parcel shall not exceed the maximum allowed square footage for personal storage as listed in § 152.073, unless a variance has been approved.

         (c)   The cargo container meets all applicable setbacks and separation distance as required by the county zoning code.

         (d)   A building permit for the placement of the cargo container is obtained.

         (e)   The cargo container meets all applicable requirements of the building code.

         (f)   The cargo container does not exceed 320 square feet.

         (g)   The cargo container is a neutral color, and is prohibited from displaying any logo, sign, advertising, or message as regulated by Chapter 154 (Sign Regulations).

         (h)   Screening consisting of a berm (2:1 maximum slope with supplemental plant materials including trees, shrubs, and groundcovers) and/or a continuous evergreen vegetative buffer shall be provided and maintained at all times around the perimeter of a cargo container that faces (a) public road right-of-way within 250 feet of the structure, (b) an existing residence or farmstead within 300 feet of the structure not on the subject parcel, or (c) residentially zoned or platted property within 300 feet of the structure.

      (3)   In addition to the above, a single cargo container may be used for temporary storage during a permitted construction project provided it is shown on the approved site plan for the project. The cargo container shall be removed from the property prior to the project receiving any final approval(s).

      (4)   In addition to the above, a single cargo container may be used for the temporary storage of an owner or a tenant’s personal belongings during the process of moving in or out of a residential dwelling or commercial location. The temporary cargo container shall not exceed 320 square feet and shall not remain longer than 60 days.

      (9)   Standards relating to noise, air emissions, toxic and noxious matter, radiation and electro- magnetic emissions are regulated by state and/or federal laws. Compliance with the laws shall be as determined by the appropriate state and/or federal regulatory agency, except as regulated by another county ordinance.

      (10)   Slopes in excess of 18% shall be left in their natural state unless the alteration of the slope is unavoidable, there are no viable alternatives, and the alteration conforms to all other county requirements. Alterations shall be designed and approved by a registered engineer. Activities intended to stop slumping or erosion shall be exempt from this standard if approved by the SWCD.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

   (B)   If screening is required as a condition, the following standards shall be complied with:

      (1)   A planting strip shall consist of evergreens, deciduous trees, shrubs and/or plants of a sufficient density to compose a substantially opaque visual screen and reasonable buffer viewed at a 90 degree angle from the planting strip.

      (2)   A planting strip shall be designed to provide visual screening to a minimum height of six feet. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the Land Management Department. An earth berm may be used but shall not be used to achieve more than eight feet of the required screen. The planting plan and type of plantings shall require the approval of the Planning Department.

      (3)   Plant material centers shall not be located closer than three feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the Planning Department.

      (4)   Where massing of plants or screening is intended, large deciduous shrubs shall be planted four feet on center or closer, and/or, evergreen shrubs shall be planted eight feet on center or closer.

      (5)   Trees and shrubs shall not be planted in the right-of-way.

      (6)   Trees and shrubs shall not be planted in or across any recorded easement.

      (7)   All plants required as part of an approved screening plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved screening plan.

      (8)   All new plants shall be guaranteed for a full growing season from the time planting has been completed. All plants shall be alive, of good quality, and diseases free at the end of the warranty period or be replaced. Any replacements shall be warranted for a full growing season from the time of planting. The growing season is herein defined as the period from June 1 to September 30.

      (9)   Planting operations shall be conducted under favorable weather conditions during one of the following planting seasons as specified herein. For deciduous plant materials, spring planting should occur from April 1 to June 1; and fall planting from September 30 to November 15. For coniferous plant materials, spring planting should occur from April 1 to May 15; and fall planting from August 15 to October 15.

      (10)   Any proposed modifications to these landscape requirements must consider a site- specific design solution if site conditions are deemed appropriate and other functional requirements (screening, etc.) are met.

      (11)   Financial surety pursuant to the Carver County Fee Schedule may be required to insure the establishment of the required screening. If required, the following standards shall apply:

         (a)   The responsible party shall provide surety for the performance of the work described and delineated on the approved landscape plan and any related remedial work.

         (b)   The acreage on which the financial surety is calculated is based on the width of a ten-foot wide planting strip multiplied by the length of installation of the planting material or total length of berm.

         (c)   The form and conditions of the surety shall be as follows:

            1.   Deposit, either with the county or a responsible escrow agent, cash escrow. The financial assurance must be in a form acceptable to the county and from a surety licensed to do business in the State of Minnesota.

            2.   The financial assurance shall be in favor of the county and conditioned upon the applicant's performance of the authorized activity in compliance with the permit and applicable laws, including this chapter, and the payment when due of any fees or other charges authorized or required by the permit and this chapter. The financial assurance shall state that in the event the conditions of the financial assurance are not met, the county may make a claim against it. The county shall be authorized to make a claim or draw against the surety after any default by the responsible party under the permit or these rules.

            3.   If at any time during the course of the work or the initial two growing seasons the financial surety amount falls below 50% of the required deposit, the responsible party shall make another deposit in the amount necessary to restore the cash deposit to the required amount.

            4.   If the responsible party does not bring the financial surety back up to the required amount within seven days after notification by the county that the amount has fallen below 50% of the required amount the county may take such legal action as specified in § 152.999 of this chapter.

            5.   The county shall be authorized to make a claim or draw against the surety after any default by the responsible party under the permit or this chapter.

            6.   The county may use funds from this surety to finance remedial work undertaken by the county or a private contractor and to reimburse the county for all costs incurred in the process of remedial work including, but not limited to, staff time and attorney's fees under the following circumstances:

               i.   The responsible party ceases land altering activities and abandons the work site prior to completion of the screening plan;

               ii.   The responsible party fails to conform to the screening plan as approved by the county;

               iii.   The screening techniques utilized under the screening plan are not maintained during site construction, for the initial two growing seasons after being planted; or

               iv.   The responsible party fails to reimburse the county for corrective action.

            7.   The surety deposited with the county for faithful performance of the screening plan and any related remedial work to finance necessary remedial work shall be released after the practices identified in the screening plan have been installed, two full growing seasons have elapsed from the time of planting, and a final inspection has been completed by the county.

            8.   The county may return a portion of the financial surety submitted to assure performance if the county determines that the entire amount is no longer required to ensure compliance with permit conditions and rules.

(Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)