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7.b 6 Ordinance defining Agritourism uses Memorandum To: Scandia City Council Reference: Agritourism Use Ordinance Amendment Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16023.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 19, 2016 Background and Planning Commission Public Hearing The city has permitted a use call “Agritourism Enterprise” in its Development Code for some time, but did not include performance standards for the use in the Code. The Planning Commission has completed a proposed amendment to the Code that includes a new definition and standards for the Agritourism Use. The Commission held a public hearing on the proposed amendment at its meeting on July 5. The Commission received no written or verbal comments from the public at the hearing. The Planning Commission recommended that the Council approve the ordinance amendment. A summary of the ordinance amendment includes:  The definition of Agritourism Use emphasizes the educational and recreational aspects of the use, and the necessary ties to agriculture. This distinguishes it from the Rural Event Facility Use, which applies to uses that are focused on events.  The Agritourism Use would be allowed in 4 districts, without a zoning permit, as long as it met the use definition, did not use outdoor amplified sound, and did not hold more than a few (5 is suggested in the draft) “Special Events” each year. (The Rural Event Facility use requires an IUP because it would permit more and larger events than the Agritourism Use, and have the potential to have greater impacts on neighbors.)  If the Agritourism Use wanted to hold occasional “special events” or events that use outdoor amplified sound, the ordinance requires that it obtain a Special Event Permit.  Agritourism Uses that regularly used outdoor amplified sound for activities, or that hold a significant number of Special Events (6 or more Special Events in a year is suggested in the draft) would be classified as Rural Event Facilities, and would need to meet the ordinance requirements of that use.  Item (3) includes further clarification of private events that emphasizes the family and occasional nature of the events that are exempt from permit requirements. CITY OF SCANDIA ORDINANCE NO.: 173 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, SECTION 4 RULES AND DEFINTIONS AND CHAPTER 2, ADDING SECTION 4.35 REGARDING STANDARDS FOR AGRITOURISM USES The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter 1, Section 4 Rules and Definitions and Chapter Two, Section 4, adding Agritourism Use, shall be amended to read as follows: CHAPTER ONE, SECTION 4.0 RULES AND DEFINITIONS 4.2 Definitions. (10) Agritourism Use: A commercial or nonprofit use on a working farm or plant nursery in which the public or invited groups participate in public recreational or educational activities. These activities must be related to agriculture and incidental to the farm or nursery operation. This term includes farm tours, hay rides, corn mazes, field trips or educational experiences or classes related to agricultural products or skills, or similar uses. Campgrounds or overnight camping shall not be considered an Agritourism Use. (256) Rural Event Facility: A facility that operates on a for-profit or nonprofit basis to host outdoor or indoor gatherings that do not exceed twelve (12) hours in duration. The gatherings may include, but are not limited to, events such as weddings or other ceremonies, dances, festivals, picnics or any other gathering of a similar nature that the City determines to be consistent with and supportive of the rural and historic character of the community. Gatherings may not include activities that include the discharge of firearms, competitions among motorized vehicles, or other events that the City determines to be incompatible with the community’s character or intent of this chapter. CHAPTER TWO, SECTION 4 -- STANDARDS FOR USES 4.35 Agritourism Use. Agritourism Uses shall comply with all of the following standards: (1) Agritourism Uses shall support the rural and historic character of the City, shall be designed and operated in a manner that is compatible with Scandia’s rural and small-town character, and shall not negatively impact the community. (2) Districts and Uses. (A) Agritourism Uses are permitted in the Agricultural Core (AG C), General Rural (GR), Rural Commercial (R COMM), and Village Neighborhood (VN) Districts, and shall be accessory uses to the primary use of the property for Agriculture. (3) Permit requirements. (A) Private, “by-invitation-only” events such as family weddings or memorial services, family reunions, birthday parties, or similar occasional private events are not considered as events that are part of the Agritourism Use, and are not counted in determining whether a zoning permit is required for that use. (B) Agritourism Uses shall obtain a Special Event Permit for all events that utilized outdoor amplified sound or any event that meets the City’s definition of “Special Event.” (C) An Agritourism Use that obtains six (6) or more Special Event permits in a calendar year shall be classified as Rural Event Facility and shall meet the ordinance requirements for that use. (4) Agritourism Uses shall comply with all of the following standards: (A) Agritourism Uses shall require the following minimum site area: The minimum parcel size for an Agritourism Use is 5 acres. (B) Adequate utilities, including sewage disposal, must be available on the site. The facility may utilize permanent or portable facilities, or a combination of permanent and portable facilities. Any on-site sewage treatment facilities needed shall be installed under a permit issued by Washington County. The facility shall also provide supplemental portable septic and water facilities for events as required by the City. (C) The Agritourism Use shall have direct access from a public roadway. (D) The Agritourism Use shall provide on-site parking, sufficient to handle all guest, staff, vendor, and owner vehicles. No parking for the facility shall be permitted on public streets. (E) A Special Use Permit is required for any activity or event that includes outdoor amplification of sound. (J) The signs for the Agritourism Use shall conform to the Development Code requirements for the district where it is located. (K) The Agritourism Use must comply with all rules and regulations of Federal, State, County and Local agencies. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and summary publication as required by law. Passed and adopted by the City Council of the City of Scandia this 19th day of July, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk