Agri-tourism gets complicated when you think about it.

The basic goal of the draft language that was being developed by a subcommittee of the Planning Commission was to distinguish two types of Agri-Tourism:

1.  one that was typical of that style of agriculture and was a use by right (picking your own apples); 
2. and  a second category that was atypical, required review on an annual basis and the development of performance standards so that it didn't negatively impact the quality of life, resources and finances of the township.

It was presented for discussion at the July Planning Commission meeting and was being revised.  This draft with revisions was to have been discussed at the July Board meeting.   The Board wanted no further action on this language and rejected it.

Agricultural Tourism

DRAFT

Recommendations

6-24-13

The purpose of this Chapter is to define and provide regulations specific to accessory uses that are beyond the activities typical of Agricultural Operations and that fall under the definition of  Agricultural Tourism. 

A. Agricultural Tourism and Accessory Uses Typical of Agricultural Operations.

“Agricultural Tourism” or “Agritourism” is defined as activities offered to the general public or invited groups for the purpose of education, enjoyment of, or participation in the activities of a working farm, ranch, or other commercial agricultural, aquacultural, horticultural or silvicultural operation.  Agricultural Tourism is always an accessory use to the permitted Agricultural Operation and not the sole or primary use, and may be permitted as an Interim Use in the Agricultural District. Because they are not typical of Agricultural Operations, and in contrast to Agricultural Operations that are permitted by right in the Agricultural zone, Agricultural Tourism uses are not exempt from any township setback, noise, nuisance or other ordinance requirements and regulations.

Some accessory uses are typical of Agricultural Operations and are not considered Agricultural Tourism. Accessory uses that are considered typical of Agricultural Operations and that are permitted by right are exclusively listed here:

· pick- or harvest-your-own activities at fruit, vegetable, tree, or flower farms;

· on-site sale of agricultural products produced primarily on that farm;

· educational tours of Agricultural Operations that occur fewer than 10 times per year;

·singular or brief seasonal events (two weeks or less in duration):

o   hay rides

o   corn or straw bale mazes,

o   blossom-time walks

·farm stays (volunteering in the work of the farm to learn but without pay);

Accessory uses considered typical of Agricultural Operations and that are permitted by right are subject to all township ordinances that apply to the primary Agricultural Operation

If an accessory use to an Agricultural Operation does not appear on the list of uses that are considered typical of Agricultural Operations, or exceeds the duration, intensity or other limitations imposed above, it is not permitted by right but may be permitted as an Interim Use if it qualifies as Agricultural Tourism and if all conditions listed herein are met or exceeded. 

B. Agricultural Tourism Interim Use Permit.

The process for obtaining an Interim Use Permit (IUP) is defined in Ordinance 3, Chapter 4, Section 15 – Interim Use Permit with the stated application and hearing fee. In addition to the requirements outlined there, the following information shall be provided with an Agricultural Tourism Interim Use Permit for the application to be considered complete:

1.     Plan drawn to an appropriate scale for effective interpretation.

2.     Property boundaries, on-site parking areas and access roads.

3.     Existing uses on adjacent properties and distance of dwellings within 500 feet of the property boundary.

4.     Existing and proposed structures with maximum capacity of each building where guests have access as required to comply with building code and applicable fire-safety requirements.

5.     Location of temporary toilet facilities, if these will be used.

6.     Location of any existing or proposed wells or Subsurface Wastewater Treatments Systems (SSTS) that will accommodate guest activity.

7.     A written description of planned activities.

8.     Frequency and number of activities proposed in a calendar year.

9.     Hours of operation including set-up and clean-up for activities and events.

10.  Maximum number of guests for any activity.

11.  Proposed site lighting and landscaping.

12.  Anticipated maximum number of vehicle trips per day.

C. Performance

In addition to all other applicable zoning ordinance requirements, including, but not limited to, those listed in Ordinance 3 Chapter 4 Section 15, Agricultural Tourism interim uses shall meet or exceed the following Performance Standards. Performance shall be reviewed annually by the Town Board of Supervisors. If the Town Board determines that the use fails to satisfy one or more performance standards at the time of the annual review, the operator of the Agricultural Tourism use shall have thirty (30) days to bring the use into compliance.  Any person, or persons, firm or corporation who shall violate any of the

provisions hereof, or who shall fail to comply with any provisions hereof, or who

shall make any false statement in any document required to be permitted under

the provisions hereof shall be guilty of a misdemeanor and upon conviction

thereof, shall be punished by a fine in an amount not to exceed $1000.00 or by

imprisonment for not to exceed ninety (90) days, or both, for each offense. Each

day that the violation is permitted to exist shall constitute a separate offense.

1.     Neighboring property owners within one mile shall be sent a letter with the completed application and given 30 days to respond verbally or in writing.   The neighbors shall be informed of the initial public hearing and each annual review of the IUP and specifically asked for comments. 

2.     The condition of Township roads adjacent to the Agricultural Tourism use prior to the issuance of a permit shall be inspected and documented with photographs and in writing,  and shall become part of the Interim Use Permit file.  At each annual road review by the Planning Commission, the condition of this section of road will be explicitly compared to the original photos and written notes.  If roads are being negatively impacted by the Agricultural Tourism Operation, the operator of the Agricultural Tourism use shall be given the opportunity to compensate the Township for additional maintenance costs incurred as a result of the use, or the interim use permit may be revoked.

3.     Proposed structures to be accessed or used by the public as part of the Agricultural Tourism use shall not depart from the rural character of the Township and shall conform to all requirements for legally permitted accessory-use structures including setback and building requirements.  The Building Inspector is the only designated Township representative capable of making this assessment. Inspection of the plan and of the completed structures shall be conducted by the Building Inspector, and may be repeated annually prior to the IUP review. 

4.     There will be adequate provision for off-street parking of vehicles. Parking areas must be a minimum of forty (40) feet from all property lines and appropriately screened from neighboring properties. Parking areas shall either be designed to be pervious or shall otherwise provide a method for capturing all stormwater runoff within the bounds of the property.  

5.     The impact of light sources shall not negatively impact neighboring properties or wildlife.  All lighting shall be directed downwards and shielded to prevent light being directed off the premises or into the flight path of night-time migrating animals.  Lighting shall be light- and motion-sensitive.  Headlights of cars entering or leaving the property shall not shine onto neighboring homes.

6.     Visual screening (e.g, a berm or planted buffer) shall be required between adjacent properties and any Agricultural Tourism use, parking, or structures such that the activities of the Agricultural Tourism operation are not visible from adjacent properties. Adequate visual screening must be maintained for the duration of the interim use, and the condition and adequacy of planted buffers and other screening will be explicitly addressed in each annual review.

7.     All Federal, State of Minnesota and Dakota County requirements related to surface water, wetlands, groundwater, and Subsurface Wastewater Treatment Systems shall be met and  applicable permits shall be in place prior to the issuance of the permit, and shall be presented annually at the time of the IUP review. 

8.     All outside, sales-related, set-up, clean-up or maintenance activities shall be completed during daylight hours, and inside activities shall be completed by 10:00 PM. 

9.     On-site preparation and handling of food or beverages shall comply with all applicable Federal, State or Local Standards.  Documentation to this effect shall be submitted annually.

10.  The owner/operator shall agree to maintain a log of all Agricultural Tourism activities. The log shall include the activity/event, dates, group identity (if applicable), number of guests, and time or arrival.  This will be submitted for annual review.

D. Duration of Interim Use Permit.

If permitted as an interim use, an Agricultural Tourism use may persist, with annual review of required documentation, until the predominate zoning in the immediate area is no longer agricultural, at which time the interim use permit will sunset and the Agricultural Tourism use will cease operation.