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08.b2 UDC Amendment for Cannabis Zoning Standards - CC Packet 1 | P a g e Date of Meeting: December 17, 2024 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: UDC Amendment for Cannabis Zoning Standards In 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis Management is currently drafting rules and standards for licensing and use of facilities that will deal with cannabis. The staff report to the Planning Commission from the December 3, 2024, meeting is attached and includes the background of the amendment as well as an analysis based on the proposed amendment to the Unified Development Code. ANALYSIS Planning Commission The Planning Commission first heard the proposed amendment at the November 12, 2024, meeting and held a public hearing where no comments were made. The Commission discussed the performance standards and gave direction to staff to amend the draft ordinance to address concerns around lighting, odor, and aesthetic controls. Lighting The Planning Commission gave direction to change lighting standards for cannabis uses to be the same as other uses within the city. Previously, lighting standards were proposed that limited hours of lighting for indoor cultivation and required photometric plans with submittals for a CUP. Lighting standards have been removed from each use and consolidated under 153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses. The Planning Commission directed staff to amend the standards to reflect the established standards for all uses within the city. The standard now references the Lighting standards located in Section [153.400.030 Subd. 4 Lighting] and the applicable Character Area Standards in Section [153.400.040]. The referenced standards are attached to this report. Standards in the code still generally require light be directed downwards, that bare bulbs are not visible, and allow for photometric plans be required for review. 2 | P a g e Odor The Planning Commission discussed the standards for odor control and the difference between nuisance and odorized emissions that are harmful. The Commission directed staff to amend the proposed standards to reflect the odor standards that the City would apply to other agricultural (livestock) and industrial uses. Odor standards have been removed from each use and consolidated under 153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses. The City does not have standards that regulate odor for agricultural uses, aside from as a nuisance. The draft language in (H) now references the Office of Cannabis Management (OCM) and the Minnesota Pollution Control Agency (MPCA). Within the packet from the Planning Commission is information from the MPCA regarding cannabis businesses, odor management, noise and odor, and livestock odor for reference. Aesthetic Controls The Planning Commission discussed aesthetic controls and the need for standards regarding architectural design. The Commission asked to clarify the aesthetic controls. The UDC sets standards for aesthetics through Section [153.400.040 Character Area Standards] and references to the Architectural Design Guidelines. Staff have amended the language within the draft ordinance to reference these standards and guidelines for all uses. Staff have also included language to ensure any new structure shall meet the standards due to exceptions within the Character Area Standards. The Character Area Standards for the Agricultural Districts only require architectural design to be consistent with existing structures on a lot. The language is intended to ensure that new buildings throughout all districts are consistent with the character of Scandia and to ensure that industrial-looking buildings are not located within rural areas. Examples of what would be considered desirable and undesirable under these standards are below: 3 | P a g e Desirable Architectural Styles and Aesthetics for Strucutres in AG-C and RR-G Undesirable Architectural Style and Aesthetics for Strucutres in AG-C and RR-G 4 | P a g e The Planning Commission moved to recommend approval of the request with amendments. The motion was approved with a vote of 5-0. The amendments are shown in the attached redlined draft ordinance. ANALYSIS Staff Analysis Staff believes the proposed standards will guide cannabis-related uses to the correct zoning districts and set standards for safe and effective operations. Additionally, the amendments from the Planning Commission are reasonable and generally reduce the burden on potential cannabis businesses. The City Council may choose to further amend the ordinance to address any concerns or issues. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached ordinance and resolutions. 2. Deny, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommends: Motion to approve of the attached ordinance to amend the Unified Development Code, adopting zoning standards for cannabis uses and the attached resolutions for a finding of facts for Ordinance 2024-09 and authorizing summary publication. Attachments A. Ordinance 2024-09 Standards for Cannabis Uses B. Resolution 12-17-24-06 Findings of Fact for Ordinance 2024-09 C. Resolution 12-17-24-07 Summary Publication for Ordinance 2024-09 D. Redlined Draft Ordinance 2024-09 Standards for Cannabis Uses E. Section [153.400.030 Subd. 4 Lighting] F. Section [153.400.040 Character Area Standards] G. Planning Commission “UDC Amendment for Cannabis Zoning Standards” Packet, dated December 3, 2024 Page 1 of 8 CITY OF SCANDIA ORDINANCE NO.: 2024-09 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 AND 153.300.030 REGARDING CANNABIS ZONING STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.020 Subd. 1 (B) Table 153.300.020-2. Table of Uses by Base Zoning District, shall be amended by adding the underlined text and deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Agriculture, Commercial Outdoor Cannabis P P P 153.300.030 Subd. 1 (C) & (H) Agriculture, Commercial Indoor Cannabis CUP CUP CUP 153.300.030 Subd. 1 (D) & (H) Cannabis sales P P P P 153.300.030 Subd. 1 (H) Cannabis, Mezzobusiness CUP CUP P P 153.300.030 Subd. 1 (H) & (I) Cannabis, Microbusiness CUP CUP P P 153.300.030 Subd. 1 (H) & (J) Laboratories, Medical, Research, and Testing CUP 153.300.030 Subd. 1 (H) Light Manufacturing, Cannabis CUP 153.300.030 Subd. 1 (H) & (U) Light Manufacturing, Lower-Potency Hemp Edible CUP 153.300.030 Subd. 1 (H) & (V) Lower-Potency Hemp Edible sales P P P P 153.300.030 Subd. 1 (H) Wholesaling, Cannabis P 153.300.030 Subd. 1 (H) & (PP) Page 2 of 8 Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.030 Subd. 1, shall be amended by adding the underlined text and deleting the stricken text as follows: (C) Agriculture, Commercial Outdoor Cannabis. As a principal or accessory use, commercial outdoor cannabis is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Any area used to cultivate or grow cannabis must meet the following setbacks: Horizontal Setbacks (Minimum) Any property line 50 feet Minor Arterial Street 150 Feet from centerline, or 75 Feet from ROW, whichever is greater Major or Minor Collector Street 100 Feet from centerline, or 50 Feet from ROW, whichever is greater Any other Public Street 40 Feet IV. Any area where cannabis is grown, handled, or packaged shall be completely fenced as required by the Office of Cannabis Management and equipped with an emergency key box. (D) Agriculture, Commercial Indoor Cannabis. As a principal or accessory use, commercial indoor cannabis agriculture or cultivation is allowed as a conditional use, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Lighting. Any building that is not proposed to be constructed with materials that are not 100% opaque, shall submit a narrative or plan that shows how light pollution and nuisances shall be mitigated. IV. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. V. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local Page 3 of 8 ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (H) Cannabis Businesses and Hemp Businesses are subject to the following standards: I. Character Area Standards. a. Sites and structures shall comply with the applicable Character Area Standards in Section [153.400.040]. b. New structures shall be designed to be substantially consistent with the Architectural Design Standards. II. Lighting. Lighting shall comply with Section [153.400.030 Subd. 4 Lighting] and the applicable Character Area Standards in Section [153.400.040]. III. Odors. The facility shall not produce noxious or nuisance causing odors and shall be in accordance with standards from the Office of Cannabis Management and the Minnesota Pollution Control Agency. IV. Screening. All mechanical, odor suppression equipment, and trash enclosures must be screened from the right-of-way and adjacent residential uses. V. Signs. a. Exterior wall, window and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, hemp derived edible consumer product or the like. b. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. c. No products, interior signage, advertisements, or like attention-getting items shall be placed or displayed that may be visible from the exterior of the Cannabis or Hemp Business. VI. Security. a. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. b. Any security bars, gates or grills shall be retractable, shall remain open and retracted when the Cannabis or Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building. Page 4 of 8 (I) Cannabis, Mezzobusiness. As a principal or accessory use subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Cannabis cultivation shall conform with the standards established in Section [153.300.030 1 (C) and (D)]. IV. Manufacturing and processing cannabis shall conform with the standards established in Section [153.300.030 Subd. 1 (U)]. (J) Cannabis, Microbusiness. As a principal or accessory use, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Cannabis cultivation shall conform with the standards established in Section [153.300.030 Subd. 1 (C) and (D)]. IV. Manufacturing and processing cannabis shall conform with the standards established in Section [153.300.030 Subd. 1 (U)]. (U) Light Manufacturing, Cannabis. As a principal use, cannabis manufacturing is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Warehousing and distribution are allowed as an accessory use to cannabis manufacturing, subject to the following standards: a. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. b. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. c. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. Page 5 of 8 IV. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. V. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (V) Light Manufacturing, Lower-Potency Hemp Edible. As a principal use, lower-potency hemp edible manufacturing is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Warehousing and distribution are allowed as an accessory use to cannabis manufacturing, subject to the following standards: a. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. b. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. c. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. IV. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. V. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. Page 6 of 8 (PP) Wholesaling, Cannabis. As a principal use, cannabis wholesaling is allowed, subject to the following standards: a. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. b. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. c. Warehousing and distribution are allowed as an accessory use to cannabis wholesaling, subject to the following standards: i. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. ii. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. iii. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. d. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. Section 3 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.600.30 Subd. 1, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.600.030 Definitions of Use, Standards and Terms 7. Agriculture, Commercial Outdoor Cannabis: See “Cannabis cultivation”. 8. Agriculture, Commercial Indoor Cannabis: See “Cannabis cultivation”. 33. Cannabis Business: A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute 342.01 Subd. 14. 34. Cannabis cultivation: Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. 35. Cannabis, Mezzobusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29, as it may be amended. 36. Cannabis, Microbusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. Page 7 of 8 37. Cannabis sales: The sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use cannabis products directly to consumers. 109. Hemp Business: A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute 342.01 Subd. 14 as defined by Minnesota Statute 342.01 Subd. 34. 134. Light Manufacturing, Lower-Potency Hemp Edible: A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended. 141. Lower-Potency Hemp Edible sales: The sale of lower-potency hemp edibles, that have been obtained from a licensed Minnesota cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible manufacturer, directly to consumers Section 4 Amendment. The remainder of the code. Numbering within sections of the Unified Development Code shall be adjusted in tandem to include the amendments within this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect upon its adoption and publication. Page 8 of 8 Passed and adopted by the City Council of the City of Scandia this 17th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 12-17-24-06 APPROVING FINDINGS OF FACT FOR ORDINANCE 2024-09 A ZONING TEXT AMENDMENT WHEREAS, in 2023 and 2024, amendments to Minnesota Statutes § 342 legalized adult– use cannabis in Minnesota, established a regulatory framework for the cannabis industry, and allowed cities to use zoning tools to regulate adult-use cannabis businesses within their jurisdictions; and WHEREAS, the City Council reviewed information regarding cannabis businesses, cannabis uses, and the Office of Cannabis Management at the July 24, 2024, meeting; and WHEREAS, the City Council reviewed a draft ordinance regarding zoning standards for cannabis and hemp businesses at the September 4, 2024, worksession; and WHEREAS, the City Council reviewed a draft ordinance regarding zoning standards for cannabis and hemp businesses at the November 6, 2024, meeting and recommended the draft ordinance to the Planning Commission; and WHEREAS, the Planning Commission reviewed a draft Ordinance 2024-09, regarding zoning standards for cannabis and hemp businesses, held a public hearing on November 12, 2024, and tabled the ordinance with direction for amendments to staff ; and WHEREAS, the Planning Commission reviewed a draft Ordinance 2024-09, regarding zoning standards for cannabis and hemp businesses, on December 3, 2024 and recommended approval of the ordinance as amended; and WHEREAS, the City Council reviewed Ordinance 2024-09, regarding zoning standards for cannabis and hemp businesses, on December 17, 2024; and WHEREAS, the City took public input on Ordinance 2024-09, regarding zoning standards for cannabis and hemp businesses, on November 12, 2024 at a duly called public hearing; and WHEREAS, the City of Scandia has proposed to amend the Unified Development Code Chapter 153.300.020 Subd. 1 (B) Table 153.300.020-2. Table of Uses by Base Zoning District; and WHEREAS, the City of Scandia, has proposed to amend the Unified Development Code Chapter 153.300.030 Subd. 1; and WHEREAS, the City Council has adopted an Ordinance 2024-09 amending the Unified Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Unified Development Code. Whereupon, said Resolution is hereby declared adopted on this 17th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA RESOLUTION NO. 12-17-24-07 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2024-09, AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 AND 153.300.030 REGARDING CANNABIS ZONING STANDARDS WHEREAS, On December 17, 2024, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2024-09 which amends the Scandia Unified Development Code regarding cannabis zoning standards; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 2024-09 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 2024-09 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2024-09. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2024-09 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2024-09 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Dated this 17th day of December, 2024 ____________________ Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2024-09, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 AND 153.300.030 REGARDING CANNABIS ZONING STANDARDS On December 17, 2024, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2024-09 which amends the Scandia Unified Development Code provisions regarding cannabis zoning standards by: • Amending the zoning district use table to add multiple cannabis related uses and businesses to Table 153.300.020-2 as both permitted and conditional uses. • Establishing use specific standards and conditions for multiple cannabis uses and businesses in Chapter 153.300.030 Subd. 1. • Adding definitions related to cannabis businesses and uses. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 1 of 10 CITY OF SCANDIA ORDINANCE NO.: 2024-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 AND 153.300.030 REGARDING RETAIL CLASSIFICATIONS AND STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.020 Subd. 1 (B) Table 153.300.020-2. Table of Uses by Base Zoning District, shall be amended by adding the underlined text and deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Agriculture, Commercial Outdoor Cannabis P P P 153.300.030 Subd. 1 (C) & (H) Agriculture, Commercial Indoor Cannabis CUP CUP CUP 153.300.030 Subd. 1 (D) & (H) Cannabis sales P P P P 153.300.030 Subd. 1 (H) Cannabis, Mezzobusiness CUP CUP P P 153.300.030 Subd. 1 (H) & (I) Cannabis, Microbusiness CUP CUP P P 153.300.030 Subd. 1 (H) & (J) Laboratories, Medical, Research, and Testing CUP 153.300.030 Subd. 1 (H) Light Manufacturing, Cannabis CUP 153.300.030 Subd. 1 (H) & (U) Light Manufacturing, Lower-Potency Hemp Edible CUP 153.300.030 Subd. 1 (H) & (V) Lower-Potency Hemp Edible sales P P P P 153.300.030 Subd. 1 (H) Wholesaling, Cannabis P 153.300.030 Subd. 1 (H) & (PP) Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 2 of 10 Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.030 Subd. 1, shall be amended by adding the underlined text and deleting the stricken text as follows: (C) Agriculture, Commercial Outdoor Cannabis. As a principal or accessory use, commercial outdoor cannabis is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Any area used to cultivate or grow cannabis must meet the following setbacks: Horizontal Setbacks (Minimum) Any property line 50 feet Minor Arterial Street 150 Feet from centerline, or 75 Feet from ROW, whichever is greater Major or Minor Collector Street 100 Feet from centerline, or 50 Feet from ROW, whichever is greater Any other Public Street 40 Feet IV. Any area where cannabis is grown, handled, or packaged shall be completely fenced as required by the Office of Cannabis Management and equipped with an emergency key box. (D) Agriculture, Commercial Indoor Cannabis. As a principal or accessory use, commercial indoor cannabis agriculture or cultivation is allowed as a conditional use, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. IV. Any structure shall comply with the applicable character area standards set forth in Section 153.400.040. a. Indoor cannabis cultivation and growing facilities within the A-P or AG- C Districts must be designed to appear like traditional agricultural structures and must be consistent with the character of the area. V. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 3 of 10 a. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. b. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. c. The applicant shall provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. d. An odor maintenance plan must be submitted to the City and approved by the City. VI. All mechanical, odor suppression equipment, and trash enclosures must be screened. VII. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. VIII. Lighting Any building that is not proposed to be constructed with materials that are not 100% opaque, shall submit a narrative or plan that shows how light pollution and nuisances shall be mitigated. a. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. b. The specifications of all light fixtures must be provided by the City with the application for a building permit. c. A photometric plan must be submitted to the City prior to the issuance of a building permit indicating light measure at the property line. d. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot- candles at any time. IX. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (H) Cannabis Businesses and Hemp Businesses are subject to the following standards: I. Character Area Standards. a. Sites and structures shall comply with the applicable Character Area Standards in Section [153.400.040]. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 4 of 10 b. New structures shall be designed to be substantially consistent with the Architectural Design Standards. II. Lighting. Lighting shall comply with Section [153.400.030 Subd. 4 Lighting] and the applicable Character Area Standards in Section [153.400.040]. III. Odors. The facility shall not produce noxious or nuisance causing odors and shall be in accordance with standards from the Office of Cannabis Management and the Minnesota Pollution Control Agency. IV. Screening. All mechanical, odor suppression equipment, and trash enclosures must be screened from the right-of-way and adjacent residential uses. V. Signs. a. Exterior wall, window and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, hemp derived edible consumer product or the like. b. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. c. No products, interior signage, advertisements, or like attention-getting items shall be placed or displayed that may be visible from the exterior of the Cannabis or Hemp Business. VI. Security. a. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. b. Any security bars, gates or grills shall be retractable, shall remain open and retracted when the Cannabis or Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building. (I) Cannabis, Mezzobusiness. As a principal or accessory use subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Cannabis cultivation shall conform with the standards established in Section [153.300.030 1 (C) and (D)]. IV. Manufacturing and processing cannabis shall conform with the standards established in Section [153.300.030 Subd. 1 (U)]. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 5 of 10 (J) Cannabis, Microbusiness. As a principal or accessory use, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. Cannabis cultivation shall conform with the standards established in Section [153.300.030 Subd. 1 (C) and (D)]. IV. Manufacturing and processing cannabis shall conform with the standards established in Section [153.300.030 Subd. 1 (U)]. (U) Light Manufacturing, Cannabis. As a principal use, cannabis manufacturing is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. IV. Any structure shall comply with the applicable character area standards set forth in Section [153.400.040]. V. Warehousing and distribution are allowed as an accessory use to cannabis manufacturing, subject to the following standards: a. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. b. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. c. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. VI. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: a. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 6 of 10 b. Cannabis cultivation must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. c. The applicant shall provide to the City verification from a qualified industrial hygienist that the facility provides appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. d. An odor maintenance plan must be submitted to the City and approved by the City. e. Monitoring shall be conducted at the monitoring locations no less than bi- weekly and the data provided to the City twice annually. VII. All mechanical, odor suppression equipment, and trash enclosures must be screened VIII. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. IX. Lighting a. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. b. The specifications of all light fixtures must be provided by the City with the application for a building permit. c. A photometric plan must be submitted to the City prior to the issuance of a building permit indicating light measure at the property line. X. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (V) Light Manufacturing, Lower-Potency Hemp Edible. As a principal use, lower-potency hemp edible manufacturing is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. IV. Any structure shall comply with the applicable character area standards set forth in Section [153.400.040]. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 7 of 10 V. Warehousing and distribution are allowed as an accessory use to cannabis manufacturing, subject to the following standards: a. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. b. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. c. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. VI. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: a. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. b. Cannabis cultivation must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. c. The applicant shall provide to the City verification from a qualified industrial hygienist that the facility provides appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. d. An odor maintenance plan must be submitted to the City and approved by the City. e. Monitoring shall be conducted at the monitoring locations no less than bi- weekly and the data provided to the City twice annually. VII. All mechanical, odor suppression equipment, and trash enclosures must be screened VIII. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. IX. Lighting a. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. b. The specifications of all light fixtures must be provided by the City with the application for a building permit. c. A photometric plan must be submitted to the City prior to the issuance of a building permit indicating light measure at the property line. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 8 of 10 X. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (PP) Wholesaling, Cannabis. As a principal use, cannabis wholesaling is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses]. III. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. IV. Any structure shall comply with the applicable character area standards set forth in Section [153.400.040]. V. Warehousing and distribution are allowed as an accessory use to cannabis wholesaling, subject to the following standards: i. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. ii. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. iii. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. VI. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: iv. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. v. Cannabis cultivation must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 9 of 10 vi. The applicant shall provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. vii. An odor maintenance plan must be submitted to the City and approved by the City. VII. All mechanical, odor suppression equipment, and trash enclosures must be screened VIII. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. IX. Lighting viii. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. ix. The specifications of all light fixtures must be provided by the City with the application for a building permit. x. A photometric plan must be submitted to the City prior to the issuance of a building permit indicating light measure at the property line. Section 3 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.600.30 Subd. 1, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.600.030 Definitions of Use, Standards and Terms 7. Agriculture, Commercial Outdoor Cannabis: See “Cannabis cultivation”. 8. Agriculture, Commercial Indoor Cannabis: See “Cannabis cultivation”. 33. Cannabis Business: A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute 342.01 Subd. 14. 34. Cannabis cultivation: Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. 35. Cannabis, Mezzobusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29, as it may be amended. 36. Cannabis, Microbusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. 37. Cannabis sales: The sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use cannabis products directly to consumers. 109. Hemp Business: A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute 342.01 Subd. 14 as defined by Minnesota Statute 342.01 Subd. 34. Removed Text: Strikethrough New Text: Red Underlined Planning Commission Revision: Blue Strikethrough and Blue Underlined Page 10 of 10 134. Light Manufacturing, Lower-Potency Hemp Edible: A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended. 141. Lower-Potency Hemp Edible sales: The sale of lower-potency hemp edibles, that have been obtained from a licensed Minnesota cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible manufacturer, directly to consumers Section 4 Amendment. The remainder of the code. Numbering within sections of the Unified Development Code shall be adjusted in tandem to include the amendments within this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect upon its adoption and publication. Passed and adopted by the City Council of the City of Scandia this 17th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) by the City Council, exterior building finishes must consist of materials comparable in grade and quality to the following, unless otherwise provided by this Section: a. Brick b. Natural stone c. Decorative concrete block or professionally designed pre -cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or decorative block and if incorporated in a building design that is compatible with other development throughout the district. d. Wood, vinyl, steel, cement fiberboard or aluminum lap siding provided the surfaces are finished for exterior use and proven to have exterior durability, such as cedar, redwood, and cypress. e. Stucco, cementitous coating. f. Architectural metal panels for roofing and accents only. B) Residential Accessory Structures. 1. Accessory buildings on parcels less than 20.0 acres in size must provide a minimum one -foot overhang on all sides of the building with finished soffits except when the building is accessory to a principal residential home constructed with no or minimal overhang in which case the overhang of the accessory building must match the overhang of the residential building. 11. All accessory buildings on parcels of 4 acres or less, excluding road right-of-way, must resemble, in style, materials, color, roofline, and siding type, the principal building on the lot, except the following building types may vary from this standard: a. Accessory Buildings 120 sq. ft. or less in size (this exception is not applicable to the General Standards set forth in Section (A)1; b. Greenhouses; c. Gazebos and decorative shelters; d. Historic Buildings Ill. Any Residential Accessory Building located on a non-contiguous parcel owned by the same Owner, must meet the following standards: a. Must be designed to be consistent and compatible with the Principal Structure. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Subd. 4. Lighting . The City's standards regarding exterior or outdoor lighting are established to regulate the character of the City consistent with the character and development patterns of the community. The following standards regarding outdoor and exterior lighting apply in all Zoning Districts: A) Aoolica bility. The standards in this section apply to Outdoor Lighting of any structure, lot or area. B) Exemptions. The standards of this section do not apply to the following: 1. The use of temporary outdoor lighting during customary holiday seasons provided that individual lamps are 10 watts or less. IL The use of temporary outdoor lighting used for civic celebrations and promotions. IIL Lighting required and regulated by the Federal Aviation Administration or other federal or state agency. IV. Emergency lighting by police, fire and rescue authorities. V. Street lighting on City streets and State and County Highways. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-15 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) C:) Method of Measuring Light Intensity. The foot-candle level of a light source must be taken after dark with the light meter held 6 inches above the ground with the meter facing the light source. A reading must be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the illumination intensity. D) Performance Standards. 1. Lighting plans must be reviewed for compatibility with the Scandia Architectural Design Guidelines, as applicable. II. In the AP, AG-C, RR-G, RR-N and V-N Zoning Districts, any lighting used to illuminate an off-street parking area, structure or area must be arranged as to deflect light away from any adjoining residential property or from the public street. a. Shielding. The light source must be hooded or controlled so as not to light adjacent property in excess of the maximum intensity as defined throughout this Section. Bare light bulbs are not permitted in view of adjacent property or public right of way. b. Intensity. No light source or combination thereof which casts light on a public street may exceed 1 foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent property exceed 0.4 foot candles as measured at the property line. 111. In the N-C, V-HC, R-C and I-P Zoning Districts, any lighting used to illuminate an off-street parking area, structure or area must be arranged as to deflect light away from any adjoining property or from the public street. a. Shielding. The luminaire must contain a cutoff that directs and cuts off the light at an angle of 90 degrees or less. b. Intensity. No light source or combination thereof which casts light on a public street shall exceed 1 foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent property exceed 0.4 foot candles as measured at the property line. c. Heigbt. The maximum height above the ground grade permitted for light sources mounted on a pole is 18 feet except by conditional use permit. A light source mounted on a building shall not exceed the height of the building and no light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the Zoning Administrator. d. Hours. The use of outdoor lighting for parking lots serving commercial and industrial businesses is restricted according to the following. Outdoor lighting that serves businesses that do not operate after dark shall be turned off 1 hour after closing except for approved security lighting. For those businesses that offer services after dark, outdoor lighting may be utilized during the nighttime hours provided the business is open for service. Once the business closes, the outdoor lighting shall be turned off 1 hour after closing except for security lighting. IV. Outdoor Recreation. Outdoor recreational uses such as, but not limited to baseball fields, football fields, tennis courts and snow skiing areas have special requirements for nighttime lighting. Due to these unique circumstances, a conditional use permit is required for all new outdoor lighting fixtures that do not meet the regulations stated above. a. No outdoor recreation facility whether public or private may be illuminated after 11:00 PM unless the lighting fixtures conform to Section 3.9 (5) (B), above. b. Off street parking areas for outdoor recreation uses which are illuminated must meet the requirements stated in Section 3.9 (5) (B) 2. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-16 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) E) Prohibitions. The following outdoor light fixtures are prohibited within the City of Scandia: 1. Search lights or sky trackers II. Flashing, blinking or rotating lights 111. Neon lighting on the exterior of a building IV. Raceway lighting V. Exposed fluorescent tubes VI. Mercury vapor lamps VII. Laser lights VIII. Backlit canopies or awnings F) Submission of Plans. The applicant for any permit requiring outdoor lighting must submit evidence the proposed outdoor lighting will comply with this UDC. The submission must contain the following in addition to other required data for the specific permit: 1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices. II. Description of illuminating devices, fixtures, lamps, supports, reflectors and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); Ill. Photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emissions. 153.400.040 CHARACTER AREA STANDARDS Subd. 1. Purpose and Intent. The City's Base Zoning Districts are categorized and organized by Character Area as defined in [Section 153.200.010]. The development patterns and forms throughout the City differ by Character Area. The standards contained within this Section are intended to support and reinforce the desired physical development patterns and forms in the City based on the described Character Area. A) Applicability. The following Character Area Standards do not apply to single-family detached residences or the accessory structures that are used by the inhabitants of the principal structure, unless expressly stated in subsection (B). B) Architectural Design Standards. The City's adopted Design Guidelines are standards which are generally suggested and encouraged. This Section is established to identify those standards and suggestions from the Design Guidelines that are required and are defined as the Architectural Design Standards. The following Architectural Design Standards are organized by Character Area. 1. Character Area: Agricultural Districts (,A-P and AG-C. This Character Area is defined by larger tracts of land that are used for active agricultural, small hobby farms, rural residential and associated accessory uses and activities. Single-family homes, accessory structures and farmsteads are typically setback from public rights -of -way and are buffered from adjacent properties and uses with vegetation and /or natural topography. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Arcbitectural Design. Design of new structures must reference design elements of existing historic rural buildings if present onside including barns, farmhouses and schoolhouses. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-17 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) e. fFindows and Doors. Window and door configurations and styles must be consistent with the architectural style of the structure. For example, a traditional farmhouse design would include double hung windows with true divided light, with various configurations. f. Landscaping and Vegetation. Existing vegetation should be maintained to the extent possible. If trees along the street or highway must be removed for new construction, they should be replaced with species consistent with Section [153.400.060 Subd. 2. I. Table 8] of this UDC. g. Fences: Fences that are visible from the public -right -of way must be constructed of natural materials, such as wood or stone, composite materials if similar in appearance, or wrought iron fences. Chain link or plastic fences that are visible from the right-of-way or public sidewalk are not permitted. Fences used for agricultural purposes such as horse pastures, livestock, etc., are excepted from this requirement. Fence standards are provided in [Section 153.400.060 Subd. 4]. h. Design Guidelines: In addition to the standards listed herein, consideration of the City's adopted Design Guidelines is required for any new use or development. 11. Character Area: Rural Residential Districts (RR-G and RR-N). This Character Area is defined by rural residential uses including single-family detached structures, small hobby farms, open spaces and associated accessory uses and activities. Structures are typically setback from road rights -of -way and are sited with an attached garage facing the road frontage. Accessory buildings are set behind the principal structure's primary facade on non -riparian lots and are often set in front of the primary facade on riparian lots. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design of Principal Structures. Design of new structures must reference design elements of the existing rural buildings in Scandia including barns, farmhouses and schoolhouses. b. Architectural Design ofAccessory Structures. Accessory Structures located in front of the principal structure's primary facade, or if visible from the public right-of-way, must be designed to be consistent and compatible with the Principal Structure. This standard shall apply to single-family detached residences if the Accessory Structure is visible from the public right-of-way. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Accessory Structures placed behind the Principal Structure's primary facade which are not visible from the public right-of-way must be compatible with the Principal Structure but may vary in its color and material selection. c. fFindows and Doors. Window and door configurations and styles must be consistent with the architectural style of the structure. For example, a traditional farmhouse design would include double hung windows with true divided light, with various configurations. d. Fences: Fences that are visible from the public -right -of way must be constructed of natural materials, such as wood or stone, composite materials if similar in appearance, or wrought iron fences. Chain link or plastic fences that are visible from the right-of-way or public sidewalk are not permitted. Fence standards are provided in [Section 153.400.060]. e. Existing vegetation should be maintained to the extentpossible. If trees along the street or highway must be removed for new construction, they should be replaced with native species consistent with Section 153.400.060 Subd. 2. I. Table 8] of this UDC. f. Design Guidelines: In addition to the standards listed herein, consideration of the City's adopted Design Guidelines is required for any new use or development. Character Area: Village Districts (V-N, V-C, and V-HC). This Character Area is defined by a mix of new and historic residential and commercial uses. The historic core (V-HC) is pedestrian friendly, walkable with a mix of shopfronts, businesses and community gathering places. Surrounding the historic core are newer village commercial uses and neighborhoods (V-N and V-C) that reference the historic architectural and design character of the V-HC. The following standards are established for any non - SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-18 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design. The architectural design of the village core structures, including the V-HC and V-C Zoning Districts, is defined by the form and scale of the existing buildings. To reinforce this pattern, the following standards are required for any new structure, including single-family detached residences, within the V-C and V-HC districts: i. Structures should be 1 1/2 to 2 stories with a maximum height as regulated by the Base Zoning District standards as defined in Section [153.200.030] ii. Facades designed for commercial uses with frontage on a public street must be designed with bays or articulation that may include changes in wall plane, color, materials or similar. The design must include a definable base, middle and top. 1. Facades in the V-HC must include a minimum of 60% glass transparency. Spandrel glass may be used, but may not comprise more the 15% of the minimum transparency requirement. iv. Structures must be sited with the primary entrance on the first -floor with a direct connection to the public sidewalk. v. Off-street parking must be located behind (rear) the principal structure, or to the side, where feasible. Streetside parking is permitted and encouraged. vi. Rooflines must be compatible with adjacent buildings and structures. If non -storefront style buildings are proposed they must be designed with pitched roofs with a similar pitch as present on existing buildings within the V-C and V-HC Districts, b. Building Materials. Use of the following building materials is required for all commercial uses: i. The finished building materials as identified in [153.400.030 Subd. 3 (A) III] are permitted in the V-N. ii. The following finished building materials are permitted within the V-C and V-HC Districts: 1. Standard size clay brick 2. Fiber cement lap siding 3. Stained or painted wood lap siding 4. Flat -paneled log with dovetail corners 5. Wood board and batten siding 6. Natural or cast stone The City Council may approve alternative materials provided applicants prove alternative proposed materials meet or exceeds the standards for the intended uses and purposes of the building material. c. Windows and Doors. The following window and door standards are required for all commercial uses and structures in the V-C and V-HC, and are encouraged in the V-N Zoning Districts: i. Windows should be designed to have a wooden appearance or to conform with the City's adopted Architectural Design Guidelines. ii. Window replacement on existing structures must be consistent with the original window configuration including materials to the best extent possible. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-19 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) 1. Commercial, mixed -use and retail structures must incorporate typical storefront window configurations. d. Garages, Parking Areas and Landscape Plan. i. All off-street parking and areas and garages should be sited outside of all required front -yard setbacks, to the extent possible. Exceptions may be granted by the City Council if warranted based on the lot configuration. ii. Multi -family structures, duplex, townhomes or condominiums with attached garages must be designed with garage entries from the side or rear to the extent feasible. Garages facing the public right-of-way must be architectural designed and must be setback behind the front plan of the principal structure. 1. Parking areas must be screened with fencing or vegetation that may include trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. iv. Large parking lot areas must be broken up with planting islands that should include trees and shrubs, and may also incorporate raingardens, tree -trenches or other design elements that assist with stormwater management. v. A landscape plan is required for all new development, redevelopment or subdivision in this Character Area and must comply with the standards identified in Section [153.400.060]. e. Signage. i. All new or replacement signs are required to meet the sign standards identified in Section 153.400.100]. ii. Signs may be affixed to the building, and multi -tenant buildings may provide one sign per user with an approved unified sign plan. 1. New or replacement signs on commercial structures must be designed with clear lettering and mimmalistic style. Permitted sign locations include: 1. On a canvas awning 2. Transom window, window glass or glass door 3. Projecting wall sign (at 90-degree hanging oriented to pedestrians) 4. Architectural stone detailing such as cornerstone detail or roof parapet iv. Lighting of Signs in V-C and V-HC.- 1. Internally lit, and backlit signs are not permitted. 2. Mounted and directional lighting of signs is permitted 3. Neon signs are permitted within the storefront window, but may not be affixed to the exterior of a building. 4. Flashing, blinking, and rotating signs are not permitted. 5. LED digital signs are not permitted. f Mechanical Equipment and Utility Areas. i. Mechanical equipment must be screened on all side. Mechanical equipment includes air conditioning units, heating units, transformers, and any equipment that provides service to a building. Rooftop mechanical equipment may not be visible from the public right-of-way or SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-20 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) sidewalk. Screening of rooftop equipment must be compatible with the architectural design of the building. ii. Utility areas, including exterior trash and storage areas, service yards, and loading areas must be screened on all four sides. These areas must not be visible from streets, parking lots, sidewalks, or nearby buildings. in. Acceptable screening materials must be compatible with the principal or accessory buildings on site, and may include vegetation or berms. iv. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. g. Design Guidelines. In addition to the standards listed herein, conformance with the City's adopted Architectural Design Guidelines is required for any new use or development. IV. Character Area: Business Districts (R-C and I-P). This Character Area is defined by commercial and light industrial with green space buffer areas between rights -of -way and adjacent residential uses. Throughout the City, the rural commercial (R-C) nodes should echo the character of Scandia's core. This character area is defined by businesses and parking areas but is intended to maintain the rural character of the City. a. Within the commercial nodes, including R-C and I-P Zoning Districts, buildings should be sited to meet the minimum setback requirements, where possible. Setback areas should be designed to allow for greenspace and landscaping along roadways. b. Structures that meet the definition of Agricultural Building will be subject to [153.400.040 (B) I] Character Area: Agricultural Districts (A-P and AG-C). c. Parking for commercial uses must be located to the side or rear of buildings, to the extent possible. d. Parking areas must be screened with vegetation including trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. e. A landscape plan is required and must comply with the standards identified in Section 153.400.060]. f. Large parking lot areas must be broken up with planting islands that must include trees and shrubs, and may also incorporate raingardens, tree -trenches or other design elements that assist with stormwater management. g. Building Materials and Architectural Standards in the R-C Zoning District. Use of the following building materials is required for all commercial uses: i. Architectural Design. The architectural design of rural commercial structures, including the R-C Zoning District, should mimic the commercial and mixed -use structures found in the Village Districts. To reinforce this pattern, architectural design shall meet the standards in [153.400.040 Subd.1 III a.1.] and [153.400.040 Subd.1 III a. ii.]. ii. Building Materials. The finished building materials as identified in [153.400.030 Subd. 3 (A) III] are permitted in the R-C. To reinforce this pattern, finished building materials shall meet the standards identified [153.400.040 Subd.1 III b.]. iii. Windows and Doors. Window and door standards are required for all commercial uses and structures in the R-C. To reinforce this pattern, all windows and doors shall meet the standards identified [153.400.040 Subd.1 III c.]. h. Building Materials in the I-P Zoning District. Unless adjacent to a historic structure or fronting an arterial or collector roadway, or if highly visible from an arterial or collector roadway, buildings may be constructed of decorative concrete block or professionally designed pre -cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, and if SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-21 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) incorporated in a building design that is compatible with other development throughout the Zoning District. i. Mechanical Equipment and Utility Areas. iv. Mechanical equipment must be screened on all sides. Mechanical equipment includes air conditioning units, heating units, transformers, and any equipment that provides service to a building. v. Rooftop mechanical equipment must not be visible from the public right-of-way or sidewalk. Screening of rooftop equipment must be compatible with the architectural design of the building. vi. Utility areas, including exterior trash and storage areas, service yards, and loading areas must be screened on all four sides. These areas must not be visible from streets, parking lots, sidewalks, or nearby buildings. vii. Acceptable screening materials must be compatible with the principal or accessory buildings on site and may include vegetation or berms. j. Existing vegetation should be maintained to the extentpossible. If trees along the street or highway must be removed for new construction, they should be replaced with native species consistent with Section 153.400.060] of this UDC. k. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. 1. Design Guidelines: In addition to the standards listed herein, conformance with the City's adopted Architectural Design Guidelines is required for any new use or development. C) Design Review for Exceptions. A landowner may request an exception to any of the standards listed herein, which will be subject to the review, establishment of reasonable conditions and approval of the Planning Commission and City Council. The request will be processed through a Design Review and will not be considered a variance. The Design Review does not require a public hearing, and the Design Review may or may not accompany another formal land use application. D) Design Review. An applicant or developer may request a Design Review of any proposed exception to the Standards established within this Section 153.400.040 Character Area Standards. The following process will apply: a. If requested, Design Review will occur concurrently with the application for any Building Permit, Variance, Conditional Use Permit, Administrative Permit, Site Plan Review, Planned Unit Development or other permit(s) as may be required by this Section. b. The Planning Commission will provide recommendations to the City Council on any project referred to it for Design Review. The Planning Commission may consult with staff, consultants or other experts or resources as appropriate to the application request. The City Council has final authority to grant an exception to the standards contained within this Section. 153.400.050 OPEN SPACE, PARK DEDICATION, STORMWATER AND DRAINAGE Subd. 1. Summary and Intent. The purpose of regulating open space, stormwater and drainage is to protect, enhance and support the natural resource systems in the community. The regulations and standards established within this section are intended to protect the health, safety and welfare of the community and its structures by regulating site development and use of property. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-22 1 | P a g e Date of Meeting: December 3, 2024 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: UDC Amendment for Cannabis Zoning Standards In 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis Management is currently drafting rules and standards for licensing and use of facilities that will deal with cannabis. BACKGROUND The UDC amendment for cannabis uses have been discussed at numerous meetings. The full background on the topic is detailed in the packet linked below. The Planning Commission discussed the UDC Amendment at their November 12, 2024, meeting. A public hearing was held and no comments were received. The Planning Commission discussed the performance standards and gave direction to staff to amend the draft ordinance to address: • Lighting – direction was given to amend the language so lighting standards for cannabis uses were the same as other uses within the City. • Odor – direction was given to amend the language so that odor standards were consistent with other agricultural uses. • Aesthetics – direction was given to clarify aesthetic controls and the Planning Commission requested examples be presented. OVERVIEW OF PROPOSED STANDARDS The UDC amendment for cannabis uses was heard at the November 12, 2024, Planning Commission meeting. A full overview of the proposed standards is available in the link below. 2 | P a g e Lighting Lighting standards have been removed from each use and consolidated under 153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses. The Planning Commission directed staff to amend the standards to reflect the established standards for all uses within the City. The standard now references the Lighting standards located in Section [153.400.030 Subd. 4 Lighting] and the applicable Character Area Standards in Section [153.400.040]. The referenced standards are attached to this report. Odor Odor standards have been removed from each use and consolidated under 153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses. The Planning Commission directed staff to amend the standards to reflect standards used for other agricultural uses within the City. The City does not have standards that regulate odor for agricultural uses, aside from as a nuisance. The draft language in (H) now references the Office of Cannabis Management (OCM) and the Minnesota Pollution Control Agency (MPCA). Staff have included three printouts and one handout from the MPCA that include information regarding cannabis businesses, odor management, noise and odor, and livestock odor for reference. Aesthetic Controls The UDC sets standards for aesthetics through Section [153.400.040 Character Area Standards] and references to the Architectural Design Guidelines. Staff have amended the language within the draft ordinance to reference these standards and guidelines for all uses. Staff have also included language to ensure any new structure shall meet the standards due to exceptions within the Character Area Standards. The Character Area Standards for the Agricultural Districts only require architectural design to be consistent with existing structures on a lot. The language is intended to ensure that new buildings throughout all districts are consistent with the character of Scandia and to ensure that industrial-looking buildings are not located within rural areas. ANALYSIS Staff Analysis Staff believes the proposed standards will guide cannabis-related uses to the correct zoning districts and set standards for safe and effective operations. COMMISSION ACTION After holding the public hearing, the Planning Commission can do one of the following: 1. Recommend approval, with or without changes 2. Recommend denial, with findings 3. Table the request for further review/study 3 | P a g e RECOMMENDATION Staff recommends the Planning Commission open the public hearing, received any public comments that may be available, and: Motion to recommend approval of the attached ordinance to amend the Unified Development Code, adopting zoning standards for cannabis uses. Attachments A. Draft Ordinance 2024-XX Standards for Cannabis Uses B. Zoning Map – City of Scandia C. Planning Commission “Zoning Districts and Use Standards for Cannabis Uses” Packet, dated November 12, 2024 (link only) D. Section [153.400.030 Subd. 4 Lighting] E. Section [153.400.040 Character Area Standards] F. MPCA Reference Documents Removed Text: Strikethrough New Text: Red Underlined Page 1 of 7 CITY OF SCANDIA ORDINANCE NO.: 2024-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.300.020 AND 153.300.030 REGARDING CANNABIS ZONING STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.020 Subd. 1 (B) Table 153.300.020-2. Table of Uses by Base Zoning District, shall be amended by adding the underlined text and deleting the stricken text as follows: BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Commercial Uses Agriculture, Commercial Outdoor Cannabis P P P 153.300.030 Subd. 1 (C) & (H) Agriculture, Commercial Indoor Cannabis CUP CUP CUP 153.300.030 Subd. 1 (D) & (H) Cannabis sales P P P P 153.300.030 Subd. 1 (H) Cannabis, Mezzobusiness CUP CUP P P 153.300.030 Subd. 1 (H) & (I) Cannabis, Microbusiness CUP CUP P P 153.300.030 Subd. 1 (H) & (J) Laboratories, Medical, Research, and Testing CUP 153.300.030 Subd. 1 (H) Light Manufacturing, Cannabis CUP 153.300.030 Subd. 1 (H) & (U) Light Manufacturing, Lower-Potency Hemp Edible CUP 153.300.030 Subd. 1 (H) & (V) Lower-Potency Hemp Edible sales P P P P 153.300.030 Subd. 1 (H) Wholesaling, Cannabis P 153.300.030 Subd. 1 (H) & (PP) Removed Text: Strikethrough New Text: Red Underlined Page 2 of 7 Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.300.030 Subd. 1, shall be amended by adding the underlined text and deleting the stricken text as follows: (C) Agriculture, Commercial Outdoor Cannabis. As a principal or accessory use, commercial outdoor cannabis is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] III. Any area used to cultivate or grow cannabis must meet the following setbacks: Horizontal Setbacks (Minimum) Any property line 50 feet Minor Arterial Street 150 Feet from centerline, or 75 Feet from ROW, whichever is greater Major or Minor Collector Street 100 Feet from centerline, or 50 Feet from ROW, whichever is greater Any other Public Street 40 Feet IV. Any area where cannabis is grown, handled, or packaged shall be completely fenced as required by the Office of Cannabis Management and equipped with an emergency key box. (D) Agriculture, Commercial Indoor Cannabis. As a principal or accessory use, commercial indoor cannabis agriculture or cultivation is allowed as a conditional use, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] III. Lighting. Any building that is not proposed to be constructed with materials that are not 100% opaque, shall submit a narrative or plan that shows how light pollution and nuisances shall be mitigated. IV. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. V. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local Removed Text: Strikethrough New Text: Red Underlined Page 3 of 7 ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (H) Cannabis Businesses and Hemp Businesses are subject to the following standards: I. Character Area Standards. a. Sites and structures shall comply with the applicable Character Area Standards in Section [153.400.040]. b. New structures shall be designed to be substantially consistent with the Architectural Design Standards. II. Lighting. Lighting shall comply with Section [153.400.030 Subd. 4 Lighting] and the applicable Character Area Standards in Section [153.400.040]. III. Odors. The facility shall not produce noxious or nuisance causing odors and shall be in accordance with standards from the Office of Cannabis Management and the Minnesota Pollution Control Agency. IV. Screening. All mechanical, odor suppression equipment, and trash enclosures must be screened from the right-of-way and adjacent residential uses. V. Signs. a. Exterior wall, window and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, hemp derived edible consumer product or the like. b. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. c. No products, interior signage, advertisements, or like attention-getting items shall be placed or displayed that may be visible from the exterior of the Cannabis or Hemp Business. VI. Security. a. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. b. Any security bars, gates or grills shall be retractable, shall remain open and retracted when the Cannabis or Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building. Removed Text: Strikethrough New Text: Red Underlined Page 4 of 7 (I) Cannabis, Mezzobusiness. As a principal or accessory use subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] III. Cannabis cultivation shall conform with the standards established in Section [153.300.030 1 (C) and (D)]. IV. Manufacturing and processing cannabis shall conform with the standards established in Section [153.300.030 Subd. 1 (U)]. (J) Cannabis, Microbusiness. As a principal or accessory use, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] III. Cannabis cultivation shall conform with the standards established in Section [153.300.030 Subd. 1 (C) and (D)]. IV. Manufacturing and processing cannabis shall conform with the standards established in Section [153.300.030 Subd. 1 (U)]. (U) Light Manufacturing, Cannabis. As a principal use, cannabis manufacturing is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] III. Any structure shall comply with the applicable character area standards set forth in Section [153.400.040]. IV. Warehousing and distribution are allowed as an accessory use to cannabis manufacturing, subject to the following standards: a. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. Removed Text: Strikethrough New Text: Red Underlined Page 5 of 7 b. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. c. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. V. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. VI. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (V) Light Manufacturing, Lower-Potency Hemp Edible. As a principal use, lower-potency hemp edible manufacturing is allowed, subject to the following standards: I. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. II. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] III. Any structure shall comply with the applicable character area standards set forth in Section [153.400.040]. IV. Warehousing and distribution are allowed as an accessory use to cannabis manufacturing, subject to the following standards: a. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. b. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. c. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. V. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. VI. Water and Wastewater a. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, or local Removed Text: Strikethrough New Text: Red Underlined Page 6 of 7 ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. b. Water use within the site shall be designed to maximize the amount of water reuse possible. (PP) Wholesaling, Cannabis. As a principal use, cannabis wholesaling is allowed, subject to the following standards: a. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. b. The use shall comply with the standards in Section [153.300.030 Subd. 1 (H) Cannabis Businesses and Hemp Businesses] c. Any structure shall comply with the applicable character area standards set forth in Section [153.400.040]. d. Warehousing and distribution are allowed as an accessory use to cannabis wholesaling, subject to the following standards: i. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: 1. The exterior storage area must be located to the rear of the building. 2. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County, and City roadways, and all property lines. ii. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County, and City roadways. iii. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. e. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. Section 3 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.600.30 Subd. 1, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.600.030 Definitions of Use, Standards and Terms 7. Agriculture, Commercial Outdoor Cannabis: See “Cannabis cultivation”. 8. Agriculture, Commercial Indoor Cannabis: See “Cannabis cultivation”. 33. Cannabis Business: A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute 342.01 Subd. 14. Removed Text: Strikethrough New Text: Red Underlined Page 7 of 7 34. Cannabis cultivation: Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. 35. Cannabis, Mezzobusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29, as it may be amended. 36. Cannabis, Microbusiness: A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. 37. Cannabis sales: The sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use cannabis products directly to consumers. 109. Hemp Business: A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute 342.01 Subd. 14 as defined by Minnesota Statute 342.01 Subd. 34. 134. Light Manufacturing, Lower-Potency Hemp Edible: A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended. 141. Lower-Potency Hemp Edible sales: The sale of lower-potency hemp edibles, that have been obtained from a licensed Minnesota cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible manufacturer, directly to consumers Section 4 Amendment. The remainder of the code. Numbering within sections of the Unified Development Code shall be adjusted in tandem to include the amendments within this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect upon its adoption and publication. Passed and adopted by the City Council of the City of Scandia this 17th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) by the City Council, exterior building finishes must consist of materials comparable in grade and quality to the following, unless otherwise provided by this Section: a. Brick b. Natural stone c. Decorative concrete block or professionally designed pre -cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or decorative block and if incorporated in a building design that is compatible with other development throughout the district. d. Wood, vinyl, steel, cement fiberboard or aluminum lap siding provided the surfaces are finished for exterior use and proven to have exterior durability, such as cedar, redwood, and cypress. e. Stucco, cementitous coating. f. Architectural metal panels for roofing and accents only. B) Residential Accessory Structures. 1. Accessory buildings on parcels less than 20.0 acres in size must provide a minimum one -foot overhang on all sides of the building with finished soffits except when the building is accessory to a principal residential home constructed with no or minimal overhang in which case the overhang of the accessory building must match the overhang of the residential building. 11. All accessory buildings on parcels of 4 acres or less, excluding road right-of-way, must resemble, in style, materials, color, roofline, and siding type, the principal building on the lot, except the following building types may vary from this standard: a. Accessory Buildings 120 sq. ft. or less in size (this exception is not applicable to the General Standards set forth in Section (A)1; b. Greenhouses; c. Gazebos and decorative shelters; d. Historic Buildings Ill. Any Residential Accessory Building located on a non-contiguous parcel owned by the same Owner, must meet the following standards: a. Must be designed to be consistent and compatible with the Principal Structure. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Subd. 4. Lighting . The City's standards regarding exterior or outdoor lighting are established to regulate the character of the City consistent with the character and development patterns of the community. The following standards regarding outdoor and exterior lighting apply in all Zoning Districts: A) Aoolica bility. The standards in this section apply to Outdoor Lighting of any structure, lot or area. B) Exemptions. The standards of this section do not apply to the following: 1. The use of temporary outdoor lighting during customary holiday seasons provided that individual lamps are 10 watts or less. IL The use of temporary outdoor lighting used for civic celebrations and promotions. IIL Lighting required and regulated by the Federal Aviation Administration or other federal or state agency. IV. Emergency lighting by police, fire and rescue authorities. V. Street lighting on City streets and State and County Highways. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-15 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) C:) Method of Measuring Light Intensity. The foot-candle level of a light source must be taken after dark with the light meter held 6 inches above the ground with the meter facing the light source. A reading must be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the illumination intensity. D) Performance Standards. 1. Lighting plans must be reviewed for compatibility with the Scandia Architectural Design Guidelines, as applicable. II. In the AP, AG-C, RR-G, RR-N and V-N Zoning Districts, any lighting used to illuminate an off-street parking area, structure or area must be arranged as to deflect light away from any adjoining residential property or from the public street. a. Shielding. The light source must be hooded or controlled so as not to light adjacent property in excess of the maximum intensity as defined throughout this Section. Bare light bulbs are not permitted in view of adjacent property or public right of way. b. Intensity. No light source or combination thereof which casts light on a public street may exceed 1 foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent property exceed 0.4 foot candles as measured at the property line. 111. In the N-C, V-HC, R-C and I-P Zoning Districts, any lighting used to illuminate an off-street parking area, structure or area must be arranged as to deflect light away from any adjoining property or from the public street. a. Shielding. The luminaire must contain a cutoff that directs and cuts off the light at an angle of 90 degrees or less. b. Intensity. No light source or combination thereof which casts light on a public street shall exceed 1 foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent property exceed 0.4 foot candles as measured at the property line. c. Heigbt. The maximum height above the ground grade permitted for light sources mounted on a pole is 18 feet except by conditional use permit. A light source mounted on a building shall not exceed the height of the building and no light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the Zoning Administrator. d. Hours. The use of outdoor lighting for parking lots serving commercial and industrial businesses is restricted according to the following. Outdoor lighting that serves businesses that do not operate after dark shall be turned off 1 hour after closing except for approved security lighting. For those businesses that offer services after dark, outdoor lighting may be utilized during the nighttime hours provided the business is open for service. Once the business closes, the outdoor lighting shall be turned off 1 hour after closing except for security lighting. IV. Outdoor Recreation. Outdoor recreational uses such as, but not limited to baseball fields, football fields, tennis courts and snow skiing areas have special requirements for nighttime lighting. Due to these unique circumstances, a conditional use permit is required for all new outdoor lighting fixtures that do not meet the regulations stated above. a. No outdoor recreation facility whether public or private may be illuminated after 11:00 PM unless the lighting fixtures conform to Section 3.9 (5) (B), above. b. Off street parking areas for outdoor recreation uses which are illuminated must meet the requirements stated in Section 3.9 (5) (B) 2. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-16 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) E) Prohibitions. The following outdoor light fixtures are prohibited within the City of Scandia: 1. Search lights or sky trackers II. Flashing, blinking or rotating lights 111. Neon lighting on the exterior of a building IV. Raceway lighting V. Exposed fluorescent tubes VI. Mercury vapor lamps VII. Laser lights VIII. Backlit canopies or awnings F) Submission of Plans. The applicant for any permit requiring outdoor lighting must submit evidence the proposed outdoor lighting will comply with this UDC. The submission must contain the following in addition to other required data for the specific permit: 1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices. II. Description of illuminating devices, fixtures, lamps, supports, reflectors and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); Ill. Photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emissions. 153.400.040 CHARACTER AREA STANDARDS Subd. 1. Purpose and Intent. The City's Base Zoning Districts are categorized and organized by Character Area as defined in [Section 153.200.010]. The development patterns and forms throughout the City differ by Character Area. The standards contained within this Section are intended to support and reinforce the desired physical development patterns and forms in the City based on the described Character Area. A) Applicability. The following Character Area Standards do not apply to single-family detached residences or the accessory structures that are used by the inhabitants of the principal structure, unless expressly stated in subsection (B). B) Architectural Design Standards. The City's adopted Design Guidelines are standards which are generally suggested and encouraged. This Section is established to identify those standards and suggestions from the Design Guidelines that are required and are defined as the Architectural Design Standards. The following Architectural Design Standards are organized by Character Area. 1. Character Area: Agricultural Districts (,A-P and AG-C. This Character Area is defined by larger tracts of land that are used for active agricultural, small hobby farms, rural residential and associated accessory uses and activities. Single-family homes, accessory structures and farmsteads are typically setback from public rights -of -way and are buffered from adjacent properties and uses with vegetation and /or natural topography. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Arcbitectural Design. Design of new structures must reference design elements of existing historic rural buildings if present onside including barns, farmhouses and schoolhouses. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-17 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) e. fFindows and Doors. Window and door configurations and styles must be consistent with the architectural style of the structure. For example, a traditional farmhouse design would include double hung windows with true divided light, with various configurations. f. Landscaping and Vegetation. Existing vegetation should be maintained to the extent possible. If trees along the street or highway must be removed for new construction, they should be replaced with species consistent with Section [153.400.060 Subd. 2. I. Table 8] of this UDC. g. Fences: Fences that are visible from the public -right -of way must be constructed of natural materials, such as wood or stone, composite materials if similar in appearance, or wrought iron fences. Chain link or plastic fences that are visible from the right-of-way or public sidewalk are not permitted. Fences used for agricultural purposes such as horse pastures, livestock, etc., are excepted from this requirement. Fence standards are provided in [Section 153.400.060 Subd. 4]. h. Design Guidelines: In addition to the standards listed herein, consideration of the City's adopted Design Guidelines is required for any new use or development. 11. Character Area: Rural Residential Districts (RR-G and RR-N). This Character Area is defined by rural residential uses including single-family detached structures, small hobby farms, open spaces and associated accessory uses and activities. Structures are typically setback from road rights -of -way and are sited with an attached garage facing the road frontage. Accessory buildings are set behind the principal structure's primary facade on non -riparian lots and are often set in front of the primary facade on riparian lots. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design of Principal Structures. Design of new structures must reference design elements of the existing rural buildings in Scandia including barns, farmhouses and schoolhouses. b. Architectural Design ofAccessory Structures. Accessory Structures located in front of the principal structure's primary facade, or if visible from the public right-of-way, must be designed to be consistent and compatible with the Principal Structure. This standard shall apply to single-family detached residences if the Accessory Structure is visible from the public right-of-way. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Accessory Structures placed behind the Principal Structure's primary facade which are not visible from the public right-of-way must be compatible with the Principal Structure but may vary in its color and material selection. c. fFindows and Doors. Window and door configurations and styles must be consistent with the architectural style of the structure. For example, a traditional farmhouse design would include double hung windows with true divided light, with various configurations. d. Fences: Fences that are visible from the public -right -of way must be constructed of natural materials, such as wood or stone, composite materials if similar in appearance, or wrought iron fences. Chain link or plastic fences that are visible from the right-of-way or public sidewalk are not permitted. Fence standards are provided in [Section 153.400.060]. e. Existing vegetation should be maintained to the extentpossible. If trees along the street or highway must be removed for new construction, they should be replaced with native species consistent with Section 153.400.060 Subd. 2. I. Table 8] of this UDC. f. Design Guidelines: In addition to the standards listed herein, consideration of the City's adopted Design Guidelines is required for any new use or development. Character Area: Village Districts (V-N, V-C, and V-HC). This Character Area is defined by a mix of new and historic residential and commercial uses. The historic core (V-HC) is pedestrian friendly, walkable with a mix of shopfronts, businesses and community gathering places. Surrounding the historic core are newer village commercial uses and neighborhoods (V-N and V-C) that reference the historic architectural and design character of the V-HC. The following standards are established for any non - SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-18 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design. The architectural design of the village core structures, including the V-HC and V-C Zoning Districts, is defined by the form and scale of the existing buildings. To reinforce this pattern, the following standards are required for any new structure, including single-family detached residences, within the V-C and V-HC districts: i. Structures should be 1 1/2 to 2 stories with a maximum height as regulated by the Base Zoning District standards as defined in Section [153.200.030] ii. Facades designed for commercial uses with frontage on a public street must be designed with bays or articulation that may include changes in wall plane, color, materials or similar. The design must include a definable base, middle and top. 1. Facades in the V-HC must include a minimum of 60% glass transparency. Spandrel glass may be used, but may not comprise more the 15% of the minimum transparency requirement. iv. Structures must be sited with the primary entrance on the first -floor with a direct connection to the public sidewalk. v. Off-street parking must be located behind (rear) the principal structure, or to the side, where feasible. Streetside parking is permitted and encouraged. vi. Rooflines must be compatible with adjacent buildings and structures. If non -storefront style buildings are proposed they must be designed with pitched roofs with a similar pitch as present on existing buildings within the V-C and V-HC Districts, b. Building Materials. Use of the following building materials is required for all commercial uses: i. The finished building materials as identified in [153.400.030 Subd. 3 (A) III] are permitted in the V-N. ii. The following finished building materials are permitted within the V-C and V-HC Districts: 1. Standard size clay brick 2. Fiber cement lap siding 3. Stained or painted wood lap siding 4. Flat -paneled log with dovetail corners 5. Wood board and batten siding 6. Natural or cast stone The City Council may approve alternative materials provided applicants prove alternative proposed materials meet or exceeds the standards for the intended uses and purposes of the building material. c. Windows and Doors. The following window and door standards are required for all commercial uses and structures in the V-C and V-HC, and are encouraged in the V-N Zoning Districts: i. Windows should be designed to have a wooden appearance or to conform with the City's adopted Architectural Design Guidelines. ii. Window replacement on existing structures must be consistent with the original window configuration including materials to the best extent possible. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-19 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) 1. Commercial, mixed -use and retail structures must incorporate typical storefront window configurations. d. Garages, Parking Areas and Landscape Plan. i. All off-street parking and areas and garages should be sited outside of all required front -yard setbacks, to the extent possible. Exceptions may be granted by the City Council if warranted based on the lot configuration. ii. Multi -family structures, duplex, townhomes or condominiums with attached garages must be designed with garage entries from the side or rear to the extent feasible. Garages facing the public right-of-way must be architectural designed and must be setback behind the front plan of the principal structure. 1. Parking areas must be screened with fencing or vegetation that may include trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. iv. Large parking lot areas must be broken up with planting islands that should include trees and shrubs, and may also incorporate raingardens, tree -trenches or other design elements that assist with stormwater management. v. A landscape plan is required for all new development, redevelopment or subdivision in this Character Area and must comply with the standards identified in Section [153.400.060]. e. Signage. i. All new or replacement signs are required to meet the sign standards identified in Section 153.400.100]. ii. Signs may be affixed to the building, and multi -tenant buildings may provide one sign per user with an approved unified sign plan. 1. New or replacement signs on commercial structures must be designed with clear lettering and mimmalistic style. Permitted sign locations include: 1. On a canvas awning 2. Transom window, window glass or glass door 3. Projecting wall sign (at 90-degree hanging oriented to pedestrians) 4. Architectural stone detailing such as cornerstone detail or roof parapet iv. Lighting of Signs in V-C and V-HC.- 1. Internally lit, and backlit signs are not permitted. 2. Mounted and directional lighting of signs is permitted 3. Neon signs are permitted within the storefront window, but may not be affixed to the exterior of a building. 4. Flashing, blinking, and rotating signs are not permitted. 5. LED digital signs are not permitted. f Mechanical Equipment and Utility Areas. i. Mechanical equipment must be screened on all side. Mechanical equipment includes air conditioning units, heating units, transformers, and any equipment that provides service to a building. Rooftop mechanical equipment may not be visible from the public right-of-way or SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-20 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) sidewalk. Screening of rooftop equipment must be compatible with the architectural design of the building. ii. Utility areas, including exterior trash and storage areas, service yards, and loading areas must be screened on all four sides. These areas must not be visible from streets, parking lots, sidewalks, or nearby buildings. in. Acceptable screening materials must be compatible with the principal or accessory buildings on site, and may include vegetation or berms. iv. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. g. Design Guidelines. In addition to the standards listed herein, conformance with the City's adopted Architectural Design Guidelines is required for any new use or development. IV. Character Area: Business Districts (R-C and I-P). This Character Area is defined by commercial and light industrial with green space buffer areas between rights -of -way and adjacent residential uses. Throughout the City, the rural commercial (R-C) nodes should echo the character of Scandia's core. This character area is defined by businesses and parking areas but is intended to maintain the rural character of the City. a. Within the commercial nodes, including R-C and I-P Zoning Districts, buildings should be sited to meet the minimum setback requirements, where possible. Setback areas should be designed to allow for greenspace and landscaping along roadways. b. Structures that meet the definition of Agricultural Building will be subject to [153.400.040 (B) I] Character Area: Agricultural Districts (A-P and AG-C). c. Parking for commercial uses must be located to the side or rear of buildings, to the extent possible. d. Parking areas must be screened with vegetation including trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. e. A landscape plan is required and must comply with the standards identified in Section 153.400.060]. f. Large parking lot areas must be broken up with planting islands that must include trees and shrubs, and may also incorporate raingardens, tree -trenches or other design elements that assist with stormwater management. g. Building Materials and Architectural Standards in the R-C Zoning District. Use of the following building materials is required for all commercial uses: i. Architectural Design. The architectural design of rural commercial structures, including the R-C Zoning District, should mimic the commercial and mixed -use structures found in the Village Districts. To reinforce this pattern, architectural design shall meet the standards in [153.400.040 Subd.1 III a.1.] and [153.400.040 Subd.1 III a. ii.]. ii. Building Materials. The finished building materials as identified in [153.400.030 Subd. 3 (A) III] are permitted in the R-C. To reinforce this pattern, finished building materials shall meet the standards identified [153.400.040 Subd.1 III b.]. iii. Windows and Doors. Window and door standards are required for all commercial uses and structures in the R-C. To reinforce this pattern, all windows and doors shall meet the standards identified [153.400.040 Subd.1 III c.]. h. Building Materials in the I-P Zoning District. Unless adjacent to a historic structure or fronting an arterial or collector roadway, or if highly visible from an arterial or collector roadway, buildings may be constructed of decorative concrete block or professionally designed pre -cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, and if SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-21 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) incorporated in a building design that is compatible with other development throughout the Zoning District. i. Mechanical Equipment and Utility Areas. iv. Mechanical equipment must be screened on all sides. Mechanical equipment includes air conditioning units, heating units, transformers, and any equipment that provides service to a building. v. Rooftop mechanical equipment must not be visible from the public right-of-way or sidewalk. Screening of rooftop equipment must be compatible with the architectural design of the building. vi. Utility areas, including exterior trash and storage areas, service yards, and loading areas must be screened on all four sides. These areas must not be visible from streets, parking lots, sidewalks, or nearby buildings. vii. Acceptable screening materials must be compatible with the principal or accessory buildings on site and may include vegetation or berms. j. Existing vegetation should be maintained to the extentpossible. If trees along the street or highway must be removed for new construction, they should be replaced with native species consistent with Section 153.400.060] of this UDC. k. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. 1. Design Guidelines: In addition to the standards listed herein, conformance with the City's adopted Architectural Design Guidelines is required for any new use or development. C) Design Review for Exceptions. A landowner may request an exception to any of the standards listed herein, which will be subject to the review, establishment of reasonable conditions and approval of the Planning Commission and City Council. The request will be processed through a Design Review and will not be considered a variance. The Design Review does not require a public hearing, and the Design Review may or may not accompany another formal land use application. D) Design Review. An applicant or developer may request a Design Review of any proposed exception to the Standards established within this Section 153.400.040 Character Area Standards. The following process will apply: a. If requested, Design Review will occur concurrently with the application for any Building Permit, Variance, Conditional Use Permit, Administrative Permit, Site Plan Review, Planned Unit Development or other permit(s) as may be required by this Section. b. The Planning Commission will provide recommendations to the City Council on any project referred to it for Design Review. The Planning Commission may consult with staff, consultants or other experts or resources as appropriate to the application request. The City Council has final authority to grant an exception to the standards contained within this Section. 153.400.050 OPEN SPACE, PARK DEDICATION, STORMWATER AND DRAINAGE Subd. 1. Summary and Intent. The purpose of regulating open space, stormwater and drainage is to protect, enhance and support the natural resource systems in the community. The regulations and standards established within this section are intended to protect the health, safety and welfare of the community and its structures by regulating site development and use of property. SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, last amended 12.21.2023 (Ord. No. 2023-17) page-22 Business With Us /Business support /Small business environmental assistance /Industry and process-specific resources Cannabis businesses SECTION MENU The legalization of recreational cannabis in Minnesota in 2023 presents a unique opportunity to promote environmental compliance and sustainability within the industry. It is important for cannabis growers and processors to determine various environmental regulations and permits that may apply to their businesses. Air emissions Cannabis cultivation and processing can impact air quality through emissions of volatile organic compounds. Volatile organic compound emissions include terpenes and solvents like propane and butane used in processing concentrates. The cultivation and harvest of cannabis and the operation of fuel-fired boilers, furnaces, generators, and other equipment can also release air pollutants, including nitrogen oxides. Air quality impacts can be minimized by controlling volatile organic compound emissions and implementing strategies to reduce odor. State permits Whether you need an air permit will depend on your various processes and potential to create air emissions. An air permit should be obtained prior to beginning construction and is needed if potential air emissions exceed certain  11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 1/10 thresholds or if a facility is required to follow a federal New Source Performance Standard. Calculate emissions from all activities occurring at the business. The very smallest facilities may qualify as insignificant facilities, which do not need a permit. Some process-focused calculators can help you to determine the facility's potential and actual emissions. Potential emissions help identify if a facility needs a permit. Actual emissions will help identify the type of air permit you can qualify for by staying below permit limits. Boilers, furnaces, and space heaters air emissions calculator (p-sbap5-21) Internal combustion engines air emissions calculator (p-sbap5-25) Comparison of air permit flexibility options (aq2-29) Federal permits Two types of federal rules, the National Emission Standards for Hazardous Air Pollutants and the New Source Performance Standards, can apply to cannabis businesses and activities. National Emission Standards for Hazardous Air Pollutants can apply regardless of whether a facility needs an air permit. New Source Performance Standards can impact whether a facility needs an air permit. Stationary engines or generators used for emergency backup power, routine power generation, or even to help level out demand on the electrical grid may be subject to federal air quality regulations depending on size and how the engine is being used.  Air permit fees and due dates Permit fees : $570+Application fee : by permit type and tons of pollution emitted Annual fee 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 2/10 Noise and odor The MPCA is only involved in regulating noise or odor in some cases. Local governments typically address complaints about these issues. The MPCA is currently developing a new odor regulation. Waste management A waste is any material that can no longer be used for its original intended purpose. The cannabis industry generates various waste streams, some of which may be subject to specific regulations for solid waste and hazardous waste. Understanding these regulations is crucial for responsible waste management and avoiding potential compliance issues. Permit issuance time 60+ days after receiving a complete application All permit types:  Comparison of air permit flexibility options (aq2- 29) Emissions inventory reporting April 1 Compliance reports Annual reports due by January 30 CR-04: Annual compliance certification report (aq-f6-cr04)(3/28/2024) Semi-annual reports due by July 30 DRF-2: Deviation reporting form (aq-f6-drf2) (3/28/2024) 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 3/10 Cannabis waste disposal might have additional regulations due to its controlled substance status. See Minn. Stat § 4770.1200 for existing regulations on disposal of cannabis products.  While the MPCA can advise on Minnesota regulations for cannabis waste management, the U.S. Drug Enforcement Administration has its own set of requirements. Hazardous waste While cannabis itself isn't typically considered hazardous waste, its cultivation and processing can generate materials that pose threats to human health and the environment if not handled properly. The hazardous waste identification and management page contains information on managing specific types of hazardous waste including pesticides, cleaning solvents, vape pen batteries, and pharmaceutical waste. Pharmaceuticals — management changes (w-hw3-33) Vaping liquids, e-cigarettes and nicotine wastes (w-hw4-65) Universal wastes (w-hw4-62) You need a hazardous waste identification number if your business produces any amount of hazardous waste. Step 3: Obtain a hazardous waste identification number (w-hw1-03) Businesses generating most types of hazardous waste are required to report annually, pay a fee, and obtain a license for the subsequent year. Facilities in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County are licensed and inspected by their county. Facilities in Greater Minnesota are licensed and inspected by the MPCA. Facilities that produce only small amounts of hazardous waste can qualify as a very small quantity generator: 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 4/10 VSQG collection programs: Instructions and list of available hazardous waste collection programs (w-hw2-51) Hazardous waste fees and due dates Solid waste Most cannabis waste, including trimmings, packaging materials, and used soil, can be considered solid waste and follows standard regulations. Composting is the preferred method for plant material, and reuse is recommended for cannabis soil. Any paper waste or designated plastics should be recycled. Visit the MPCA waste and recycling page for details. Wastewater Cannabis wastewater can contain cannabinoids (including THC), nutrients, solvents, and pathogens. Minnesota is developing regulations for the processing of wastewater generated by cannabis cultivation and processing facilities. While there Obtain a HWID No cost Waste reporting and license application Due August 15 for Greater Minnesota businesses;  Twin Cities metro area businesses, contact your county. Annual fee Based on amount of waste reported for prior year and how the wastes were managed.  Mailed to license holders in first quarter, due date on invoice. 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 5/10 are no state-specific regulations which focus on cannabis wastewater, general environmental regulations apply. Disposal of THC-containing beverages should follow existing federal, state, and local waste disposal regulations. Consult your local wastewater treatment plant before using the sanitary sewer system. Visit the MPCA’s wastewater permits webpage for additional information that may apply to your business. Industrial stormwater Any facility that has material, equipment, or activities exposed to rain, snow, or runoff should apply for an Industrial stormwater permit. Businesses that don’t have any materials, equipment, or activities exposed to the elements may qualify for the no-cost no-exposure certification and avoid the permit and fees. If you have only a few materials outside, consider moving them inside to qualify for no-exposure certification.  The need for an industrial stormwater permit depends on the business’s revenue- generating activities, expressed as narrative activities or SIC/NAICS codes. Step 1: Do you need a permit? While the cannabis industry is not specifically listed, some activities such as chemical manufacturing of medicinals and botanicals or food processing of essential oils and fats could apply to cannabis businesses. Industrial stormwater general permit fees and due dates Permit fees Application: $400 Annual: $400 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 6/10 Water withdrawal In Minnesota, a water use permit is required from the Minnesota Department of Natural Resources if a business withdraws more than 10,000 gallons of water per day or 1 million gallons per year for any non-domestic purpose. When reviewing applications, the Department of Natural Resources considers factors such as water source, withdrawal volume, potential resource impact, and the business’s conservation measures. Water Appropriations Permit Program Water withdrawal permit fees and due dates Storage tanks Minnesota regulates storage tanks used for petroleum or hazardous liquids. Aboveground tanks larger than 500 gallons and underground tanks larger than 110 gallons need to be registered with the MPCA. Annual reporting March 31 Quarterly sampling January 21, April 21, July 21, and October 21 Permit fees Application fee: $150 : based on useAnnual fee Reporting Due February 15. Water use fee is sent via the Minnesota Department of Natural Resources Permitting and Reporting System (MPARS) or U.S. Mail before you complete your annual water use report. 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 7/10 Storage tanks permit fees and due dates Beyond compliance Cannabis businesses can operate successfully while minimizing their environmental impact. Here are some key practices to consider: Minimize hazardous waste: Identify areas where generating hazardous waste can be reduced. Follow regulations and dispose of waste properly to protect employees and the environment. Reduce and reuse: Choose eco-friendly packaging that uses minimal materials. Consider take-back and reuse programs for added sustainability. Plan ahead: Purchase only the pesticides and chemicals you need to avoid waste due to regulation changes. Minimize odors and volatile organic compound emissions: Implement odor control technologies like carbon filtration to reduce unwanted scents during cultivation. Maintain your system: Regularly inspect and service your solvent extraction equipment to prevent solvent leaks. Fees No cost for tank notifications. Notifications Within 30 days of any changes to your tanks, including product change or status change.  UST: within 10 days of installation, closure, lining inspection, tanks, piping, dispensers Record- keeping Record-keeping requirements for underground storage tanks (t-u1-10) Aboveground storage tank record-keeping requirements (t-a1-10) 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 8/10 Capture and reuse water: Indoor facilities can use water storage and recapture methods to reduce overall water use. Keep it clean: Prevent pollution by never dumping anything down storm drains, maintaining a clean property, and using dry absorbents for spills. Educate yourself: Stay informed of evolving regulations to ensure compliance. Get help: Partner with MPCA environmental experts for guidance on sustainable practices specific to your business. By following these tips, your cannabis businesses can operate responsibly and contribute to a greener future. Online Ser vices Library Services Careers For News Media Report an Incident Groundwater Contamination Atlas What's in My Neighborhood Clean Water Council Our Minnesota Climate Contact Us 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 9/10 Main contact: 800-657-3864 Environmental emergencies (24 hours): 800-422-0798 Sign up for email newsletters Submit a question      © 2024 Minnesota Pollution Control Agency Nondiscrimination and civil rights | Privacy rights | Website policies and disclaimers Minnesota Pollution Control Agency is an equal opportunity employer. 11/21/24, 4:12 PM Cannabis businesses | Minnesota Pollution Control Agency https://www.pca.state.mn.us/business-with-us/cannabis-businesses 10/10 Get Engaged /Proposed rules Odor management SECTION MENU Contacts Lauren Dickerson Technical issues 651-757-2184 lauren.dickerson@state.mn.us Erica Backstrom Rule process and schedule 218-302-6659 erica.backstrom@state.mn.us Revisor ID: R-04808 The Minnesota Pollution Control Agency (MPCA) is planning new rules governing air quality. The main purpose of this rulemaking is to establish new rules for odor management plan requirements as directed by Minnesota Session Law – 2023, Chapter 60, H.F. No. 2310. Procedural rulemaking documents  11/21/24, 4:11 PM Odor management | Minnesota Pollution Control Agency https://www.pca.state.mn.us/get-engaged/odor-management 1/5 July 2023 The notice of Request for Comments on this rulemaking was published in the July 24, 2023, State Register. Notice of Request for Comments (aq-rule4-11a) Comments received in response to Request for Comments (aq-rule4-11b) Background Minnesota does not currently have odor management rules for ambient air. There are state standards that apply to hydrogen sulfide emissions, a common cause of odors complaints, and there are air permit limits and health benchmarks for many pollutants that have odors. But some sources of odors are not regulated by air permits, some odors do not have direct human health impacts, and none of the existing regulations are based on the presence of the odor itself. The new rules will require the development and submittal of an odor management plan by facilities located in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington counties when determined by the MPCA commissioner that the facility emitted an objectionable odor. Certain facilities are exempted from the requirements, as described in Minnesota Session Law – 2023: on-farm animal and agricultural operations motor vehicles and transportation facilities municipal wastewater treatment plants single-family dwellings not used for commercial purposes materials odorized for safety purposes painting and coating operations that are not required to be licensed restaurants temporary activities and operations refineries Metropolitan Council wastewater systems 11/21/24, 4:11 PM Odor management | Minnesota Pollution Control Agency https://www.pca.state.mn.us/get-engaged/odor-management 2/5 Schedule Stay connected Sign up for email updates about this rulemaking and opportunities for public input. tj.hofer@bolton-menk.com Subscribe Dates Task(s) July 24, 2023 Notice of Request for Comments published in State Register Fall 2023 - Fall 2024 Research and information gathering 2025 Prepare draft rules and Statement of Need and Reasonableness To be determined Publish Notice of Intent to Adopt Proposed Rules in State Register To be determined Final adoption of rules 11/21/24, 4:11 PM Odor management | Minnesota Pollution Control Agency https://www.pca.state.mn.us/get-engaged/odor-management 3/5 Online Ser vices Library Services Careers For News Media Report an Incident Groundwater Contamination Atlas What's in My Neighborhood Clean Water Council Our Minnesota Climate Contact Us Main contact: 800-657-3864 Environmental emergencies (24 hours): 800-422-0798 Sign up for email newsletters Submit a question      © 2024 Minnesota Pollution Control Agency Nondiscrimination and civil rights | Privacy rights | Website policies and disclaimers Minnesota Pollution Control Agency is an equal opportunity employer. 11/21/24, 4:11 PM Odor management | Minnesota Pollution Control Agency https://www.pca.state.mn.us/get-engaged/odor-management 4/5 11/21/24, 4:11 PM Odor management | Minnesota Pollution Control Agency https://www.pca.state.mn.us/get-engaged/odor-management 5/5 Air, Water, Land, Climate /Air /Air pollutants Noise and odor SECTION MENU Many residents have questions and concerns about loud noises or unpleasant odors that may be associated with industries or businesses in their community. The MPCA is only involved in regulating noise or odor in some cases; complaints about these issues are typically addressed by local governments. Noise Minnesota’s noise limits are set by the type of area and land use (residential, commercial, industrial, etc.), decibel levels, and duration. Noise becomes a health concern when there is long-term exposure to increased ambient noise levels. Intermittent noises such as horns, garbage trucks, sirens, and back-up beeps rarely violate the state’s noise standard because they don’t last long enough. Cities or counties often have nuisance ordinances that can be used to address noise concerns. Complaints Submit a complaint using one of these options depending on the source of the noise. facilities with an air-quality permit: Call the Minnesota Pollution Control Agency at 651-296-6300, 800-657-3864 or use our online complaint form  11/21/24, 4:12 PM Noise and odor | Minnesota Pollution Control Agency https://www.pca.state.mn.us/air-water-land-climate/noise-and-odor 1/4 community sources (loud cars, restaurants, bars, parties, etc.): Local law enforcement airport activity or aircraft in the Twin Cities: Metropolitan Airports Commission highways: Minnesota Department of Transportation loud snowmobiles and off-road vehicles: Minnesota Department of Natural Resources gun clubs or shooting ranges: Minnesota Department of Natural Resources vehicle racetracks: Local law enforcement railroads: Federal Railroad Administration Odor Minnesota does not have a state odor rule, but sometimes odors can be an indicator of pollutants that have emission limits. Reducing odors is sometimes the by-product of reducing those pollutants. Not all unpleasant odors are human health concerns, and many unhealthy chemicals have no odor. The MPCA sometimes receives complaints about odor from livestock feedlots. Minnesota has a standard for hydrogen sulfide, which is a common cause of livestock odors. MPCA staff can test hydrogen sulfide levels with a hand-held meter and contact feedlot owners when the readings are too high. If hydrogen sulfide emissions are not reduced, the agency can take enforcement action. Complaints Odor complaints are usually handled on the county or local level because there is no state odor regulation.  If the odor is coming from a company or facility, MPCA, city and/or county officials can check to ensure that is facility is complying with state and local rules and permits. To submit a complaint, call our air quality complaint line at 651-296-6300 or use our online complaint form. 11/21/24, 4:12 PM Noise and odor | Minnesota Pollution Control Agency https://www.pca.state.mn.us/air-water-land-climate/noise-and-odor 2/4 Online Ser vices Library Services Careers For News Media Report an Incident Groundwater Contamination Atlas What's in My Neighborhood Clean Water Council Our Minnesota Climate Contact Us Main contact: 800-657-3864 Environmental emergencies (24 hours): 800-422-0798 Sign up for email newsletters Submit a question      © 2024 Minnesota Pollution Control Agency Nondiscrimination and civil rights | Privacy rights | Website policies and disclaimers Minnesota Pollution Control Agency is an equal opportunity employer. 11/21/24, 4:12 PM Noise and odor | Minnesota Pollution Control Agency https://www.pca.state.mn.us/air-water-land-climate/noise-and-odor 3/4 11/21/24, 4:12 PM Noise and odor | Minnesota Pollution Control Agency https://www.pca.state.mn.us/air-water-land-climate/noise-and-odor 4/4 Purpose of Brochure This brochure was developed to provide the general public with some information about agricultural related odors, which can come from a variety of sources in rural areas. Odor impacts are difficult to predict. Downwind odors are a function of the amount and type of emissions source, weather conditions and topography. The impact these odors have is also a function of the distance to the neighbors. Dealing with odor is a complex issue and agencies such as the Minnesota Pollution Control Agency (MPCA), Minnesota Department of Health (MDH), Minnesota Department of Agriculture (MDA) and research institutions such as the University of Minnesota are currently assessing odor mitigation technologies and are researching best management practices. Livestock producer groups in Minnesota have also been active in promoting the use of odor reducing technologies and have been proponents of utilizing science and research to develop odor mitigation methods. Livestock producers are also becoming familiar with newer technologies to reduce odor emissions and are actively working with their producer groups and often partner with research institutions to conduct odor mitigation research. Regulations Currently, the State of Minnesota only regulates Hydrogen Sulfide (H2S) emissions from livestock operations. H2S is regulated by the MPCA through the state H2S ambient air standard. This standard is a 30-minute average of 30 parts per billion (ppb) found twice in five days, or a 30-minute average of 50 ppb found twice per year. Odor is not regulated by the State at the present time. The MPCA utilizes a Flex Gas Detector to screen for H2S. When screening indicates the potential to exceed the H2S emission standard, the MPCA utilizes a Continuous Air Monitor (CAM) to further monitor H2S emissions in the field for an extended period of time to establish a legal violation of the standard. It should be noted that a variety of factors can affect the accuracy of CAM results. Livestock operators that are emptying liquid manure storage areas and are land applying the manure are exempt from H2S standards for 21 days during a calendar year. Below is the weblink to the MPCA Odor Policy website: www.pca.state.mn.us/air/odor. What about Ammonia? Although the MPCA currently has no rule or law that regulates ammonia emissions, the MDH has established a Health Risk Value for ammonia. More information about Health Risk Values can be found at this MDH website: www.health.state.mn.us/communities/environment/risk/guidance/air/table.html. Odor? Issues at the Local Level? Some counties in Minnesota utilize an assessment tool called Odors From Feedlots Setback Estimation Tool (OFFSET) to determine the downwind odor impacts of a livestock operation. OFFSET was developed by the University of Minnesota and is based on science and research. Below is a weblink for further information about OFFSET: https://extension.umn.edu/livestock-operations/manure- management. Counties may also enact specific zoning requirements to ensure that new residential development does not take place in agricultural areas. Many counties already require conditional use permits for larger livestock operations and can work with the livestock producers to ensure compliance with county specific odor mitigation standards. Livestock Odor Facts Photograph of inside a Modern Swine Facility Photograph of inside a Modern Dairy Facility Researchers from the USDA Agricultural Research Service conducting ammonia emissions research. wq-f2-04 How Can Homeowners be more aware of Rural Living? Potential new homeowners in rural areas should be aware of the sights, sounds and smells of country living before moving into rural areas. Researching the area where you may be building and talking with county planning and zoning staff or the County Feedlot Officer (CFO) for more information about where livestock operations are located is a good first step. The CFO and county staff can discuss things you need to know about living in or near highly intensive agricultural areas. What Are Livestock Producers Doing to Control Odor or Dust? Livestock producers are implementing a number of Best Management Practices and strategies to control odor, gas and dust emissions. These technologies and strategies include ensuring that organic crusts are maintained on open air liquid manure storage structures, developing and implementing odor management plans, injecting or immediately incorporating manure in accordance with a comprehensive nutrient management plan and disposing of spoiled feed in a timely manner. Livestock producers also utilize other technologies such as biofilters, bio curtains, methane digesters, innovative ventilation systems, use feed additives and properly dispose of dead animals. Windbreaks are also installed to control dust and assist in the dispersion of odorous gases. Modern swine facilities now utilize under barn deep pits versus open liquid manure storage structures of the past. Livestock producers also work with their local CFO to follow county and state feedlot rules and regulations. Livestock producers inform their neighbors about manure hauling schedules during the manure pumping season, which is generally in the spring and fall of the year. What do Odor Reducing Technologies Cost to Implement? The costs vary for implementing newer odor reducing technologies and Best Management Practices (BMPs) and many factors can affect final project costs. On the lower end of the spectrum, a comprehensive nutrient management plan may cost $1,500 to $2,500 to initially develop while a methane digester may cost hundreds of thousands of dollars to engineer, construct and maintain. The costs for some newer technologies such as methane digesters are relatively high. However, the ability to become more energy self-reliant and eligibility for carbon credits may offset some of the costs. Livestock producers are continually striving to find alternative odor reducing technologies and BMPs that are effective and economically feasible. Mission of the Minnesota Department of Agriculture Our mission is to enhance Minnesotans’ quality of life by ensuring the integrity of our food supply, the health of our environment, and the strength of our agricultural economy. Contact Information Feedlot Siting Issues Jim Ostlie, Livestock Development and Planning Specialist Minnesota Department of Agriculture 320-842-6910 (Direct) jim.ostlie@state.mn.us (Email) Odor Research and Management Larry Jacobson – Professor Bioproducts and Biosystems Engineering University of Minnesota 612-625-6288 (Direct) jacob007@umn.edu (Email) If you do moooove to the country, get to know your farm neighbors and talk with them first about odors, noise, sights and dust. Photograph of a Bio-filter. Photograph of a Methane Digester. A Jont Publication Minnesota Department of Agriculture Minnesota Pollution Control Agency In accordance with the Americans with Disabilities Act, this information is available in alternative forms of communication upon request by calling 651-201-6000. TTY users can call the Minnesota Relay Service at 711. The MDA is an equal opportunity employer and provider. Updated 04.09.2021