The purpose of the overlay zoning district is to recognize and facilitate the role of the rural service districts as defined in the comprehensive plan within the context of the Agriculture (“A”) District.

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

   The following areas–Bongards, Maple, East Union, Gotha, Hollywood and Hollywood Station–with boundaries as shown on the Zoning Map shall be considered Rural Service District under the terms and provisions of this chapter.

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

   Within the Rural Service Districts, conditional use permits may be issued for the following:

      (1)   Rural community-related uses serving the needs of the people of the immediate area by providing family recreation, religious facilities, minimum convenience shopping, minor repair services, light manufacturing, and those activities listed as conditional uses in § 152.079 provided the applicable regulations can be met. Any rural community-related use shall be of a scale no larger than that necessary to serve the needs of the local rural community.

      (1)   The building or facility was designed and constructed for a commercial, industrial, or institutional purpose;

      (2)   The structural condition of the building or facility is determined to be sound and not in need of major repair or rehabilitation;

      (3)   The building or facility is of a size, type of construction, or configuration that it is not reasonable to expect that it can be efficiently or economically used as a newly proposed use as described above; and

      (4)   The operation utilizing the building or facility substantially conforms to newly proposed use provisions of the Rural Service District.

      (1)   A conditional use permit shall be required for the establishment of an adult use business pursuant to Chapter 113 of the Carver County Code. A conditional use permit pursuant to this provision shall not be issued until the proposed adult use has an approved provisional adult use license pursuant to Chapter 113. In considering a conditional use permit pursuant to Chapter 113 of the Carver County Code:

         (a)   Only the definite, objective guidelines and standards of §§ 152.245 through 152.252 apply; and

         (b)   No general health, safety and welfare requirements shall apply, as adult use businesses as defined in Chapter 113 are protected by the First Amendment of the United States Constitution.

      (2)   The requirements of this chapter which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain in full force and effect.

(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 66-2010, passed 4-13-10; Am. Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)

   Within the Rural Service Districts, interim use permits may be issued for the following: cannabis retailer, medical cannabis retailer, lower-potency hemp edible retailer. An interim use permit for the establishment of these businesses shall be required, pursuant to M.S. Chapter 342 and to the following conditions:

   (A)   The business must adhere to all applicable state cannabis ordinances, Office of Cannabis Management license standards and county cannabis registration requirements established by ordinance. These standards include, but are not limited to, Office of Cannabis Management rules regarding security, standard operating procedures, hours of operation, wastewater, odor and filtration, solid waste disposal, water standards, and energy use.

   (B)   The business operational area shall not be within 1,000 feet of the nearest property line of a parcel containing a school, church, day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

   (C)   The business shall be located on a parcel of two acres or more in size.

   (D)   All buildings utilized by the operation must meet the State Building Code.

   (E)   The activity shall be located on a hard-surfaced (blacktop or concrete) road unless specific approval for location on a township road is given by the affected township or townships. The town board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect.

(Ord. 108-2024, passed 11-19-24)

   Uses permitted pursuant to this subchapter must be able to operate within the context of the level of services available in the Rural Service District.

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