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06.j UDC Amendment for Essential Services and Fence Standards - CC Packet 1 | P a g e Date of Meeting: November 18, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: UDC Amendment for Essential Services - Utility Substations and Fence Standards Staff have prepared an amendment to 153.400 to reorganize and clarify fence standards and 153.300 to address an issue identified by staff for fencing for essential services. The staff report to the Planning Commission from the October 7, 2025, and November 4, 2025 meetings are attached and includes the background of the amendment as well as the initial draft language and staff analysis. ANALYSIS Planning Commission The Planning Commission heard the ordinance amendment at the October 7, 2025, and November 4, 2025, meeting. The Commission held a public hearing at both the October and November meetings. No comments were received at either meeting. At the October meeting, the Planning Commission reviewed the draft language and directed staff to simplify the language to address the essential services issue and to address a few housekeeping issues that were needed in the fence ordinance. The item was tabled with a vote of 4-0 (Rynders absent). At the November meeting, the Planning Commission reviewed the revised ordinance language and believed the ordinance was appropriately simplified and addressed the issues with clarity that were identified. The Planning Commission moved to recommend approval of the amendment. The motion was approved with a vote of 3-0 (Hogle and Cullen absent). 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. 2 | P a g e RECOMMENDATION The Planning Commission recommend approval of the attached Ordinance 2025-15 regarding essential services – utility substations and fencing standards. Staff recommends approval of the attached Resolution 11-18-25-04 and 11-18-25-05 which approve a finding of facts for Ordinance 2025-15 and provide for summary publication of Ordinance 2025-15, respectively. Motion to approve of the attached Ordinance 2025-15 to amend 153.300.030 of the Unified Development Code regarding standards for essential services – utility substations and 153.400.060 of the Unified Development Code regarding fencing standards, as well as Resolution 11-18-25-04, approving findings of facts, and Resolution 11-18-25-05, providing for summary publication, with the findings and conditions described within the staff report. Attachments A. Ordinance 2025-15 Amendment Regarding Essential Services - Utility Substations and Fence Standards B. Resolution 11-18-25-04 Approving Findings of Facts for Ordinance 2025-15 C. Resolution 11-18-25-05 Approving Summary Publication for Ordinance 2025-15 D. Planning Commission “UDC Amendment for Nonresidential Fences” Packet, November 4, 2025 Page 1 of 4 CITY OF SCANDIA ORDINANCE NO.: 2025-15 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.300.030 REGARDING STANDARDS FOR ESSENTIAL SERVICES – UTILITY SUBSTATIONS AND 153.400.060 REGARDING FENCE 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”), Chapter 153.300.030 Use Specific Standards Subd. 1 (M) Essential Services, shall be amended by adding the underlined text and deleting the stricken text as follows: (M) Essential Services – Utility Substation. Essential service must comply with all of the following standards. I. Notwithstanding the prohibition against two or more uses on an individual parcel, the lot area for essential service-utility substation can be acquired by lease provided, however, the lot must have adequate area so that all structures and/or facilities comply with the required setbacks for the Base Zoning District. II. When the utility no longer needs the lot or parcel for the intended use, the parcel must be returned to its original condition. The City may require a financial guarantee to ensure compliance with this standard. III. The area of the site used for the utility facility or structure must be landscaped to provide adequate screening from property lines and the road right-of-way. IV. Fences erected on sites used for essential services – utility substations are exempt from the height limitations for fences established in [153.400.060 Subd. 4 (B) X.] but may not exceed 10 feet, inclusive of any barbed wire or similar materials. Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code,” or “Code”), Chapter 153.400.060 Landscaping, Buffering and Fences, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.400.060 LANDSCAPING, BUFFERING, AND FENCES Subd. 4. Fences. The following standards are established to regulate the design, construction, and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. (A) Application. I. No permit is required for any fence less than six feet in height that complies with the provisions of this ordinance. ATTACHMENT A Page 2 of 4 II. An Administrative Permit and Building Permit are required for any fence exceeding six feet in height. III. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. (B) (A) General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side, and rear yards for purposes of this Section. I. Fences may not impede the view of the roadway from a driveway providing access to the road. II. Fencing must comply with the Character Area Standards provided in Section [153.400.040]. III. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. IV. No fence may be constructed on public rights-of-way. V. Fences may not impede the view of the roadway from a driveway providing access to the road. VI. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. VII. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. VIII. The maximum height of any fence is 8 feet in height. IX. Location. Figure [153.400.060-1] is provided to define illustrate the setback location and standards applicable to the construction of fences in any Zoning District as described in the following sections. a. No fence may be constructed on public rights-of-way. b. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. c. Any fence constructed parallel to the right-of-way line or edge of street pavement must be setback a minimum of two feet. d. Additional setbacks for fences may be required on streets without dedicated right-of-way where maintenance of the public street requires additional setbacks. X. Height. a. Fences in front of the Principal Structure located within 20-feet of the right-way line or edge of street pavement are permitted up to four feet in height. Page 3 of 4 b. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. c. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. d. If the primary use of a property is Agricultural, then a fence up to six feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. Figure 153.400.060-1. Fence Diagram (C) Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: I. An Administrative Permit is required prior to the construction of any fence. II. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. III. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line, with the following exception: except no fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance at their October 7, 2025, and November 4, 2025, meeting and held a public hearing on the Page 4 of 4 amendment at a public hearing at their October 7, 2025, and November 4, 2025, meeting. No comments were made at the public hearing. The Planning Commission voted to recommend approval of the ordinance, with amendments. Section 4 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-18-25-04 APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.300.030 REGARDING STANDARDS FOR ESSENTIAL SERVICES – UTILITY SUBSTATIONS AND 153.400.060 REGARDING FENCE STANDARDS WHEREAS, the City Council finds the purpose of regulating fencing is regulate the design, construction and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas.; and WHEREAS, the City Council established Section 153.300.030 in the Unified Development Code to establish minimum required standards for various uses; and WHEREAS, the City Council established Section 153.400.060 in the Unified Development Code to establish standards for landscaping, buffering, and fences; and WHEREAS, the Planning Commission reviewed a draft of Ordinance 2025-15, regarding nonresidential fence standards, and held a public hearing on October 7, 2025, and tabled the ordinance with direction to staff to simplify the amendment; and, WHEREAS, the Planning Commission reviewed a draft of Ordinance 2025-15, regarding standards for essential services – utility substations and regarding fence standards, and held a public hearing on November 4, 2025, and recommended approval of the ordinance; and WHEREAS, the City Council reviewed Ordinance 2025-15, regarding standards for essential services – utility substations and regarding fence standards, on November 18, 2025; and, WHEREAS, the City took public input on Ordinance 2025-15, regarding standards for essential services – utility substations and regarding fence standards, on October 7, 2025, and November 4, 2025, at duly called public hearings; and WHEREAS, the City of Scandia has proposed to amend the Unified Development Code Chapter 153.300.030 Use Specific Standards Subd. 1 (M) Essential Services and Chapter 153.400.060 Landscaping, Buffering and Fences; and WHEREAS, the City Council has adopted Ordinance 2025-15 amending the Unified Development Code; ATTACHMENT B 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 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA RESOLUTION NO. 11-18-25-05 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2025-15, AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.300.030 REGARDING STANDARDS FOR ESSENTIAL SERVICES – UTILITY SUBSTATIONS AND 153.400.060 REGARDING FENCE STANDARDS WHEREAS, On November 18, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-15 which amends the Scandia Unified Development Code, regarding standards for essential services – utility substations and regarding fence 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. 2025-15 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. 2025-15 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. 2025-15. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2025-15 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2025-15 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. ATTACHMENT C Whereupon, said Resolution is hereby declared adopted on this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2025-15, AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.300.030 REGARDING STANDARDS FOR ESSENTIAL SERVICES – UTILITY SUBSTATIONS AND 153.400.060 REGARDING FENCE STANDARDS On November 18, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-15 which amends the Scandia Unified Development Code provisions regarding standards for essential services – utility substations and regarding fence standards by: • Allowing essential service – utility substations to exceed fence height limitations, up to 10 ft., inclusive of any security elements like barbed wire. • Reorganizing and clarifying fencing standards. • Clarifying fence setbacks for areas where right-of-way does not exist on streets. 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. 1 | P a g e Date of Meeting: November 4, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: UDC Amendment for Essential Services - Utility Substations and Fence Standards Previously city staff prepared an ordinance amendment to add standards for fences located on nonresidential properties. The amendment was tabled by the Planning Commission at the October 7, 2025, meeting. Staff have revised the amendment and included an additional section of the Unified Development Code (UDC) to be amended to address the issue identified by staff for essential services. The staff report to the Planning Commission from the October 7, 2025, meeting is attached and includes the background of the amendment as well as the initial draft language and staff analysis. OVERVIEW OF DRAFT ORDINANCE Staff have drafted the attached amendment to amend the existing standards to clarify existing standards and add new standards for fences located on properties with an essential services – utility substation use. The following language in the ordinance is shown with removed text as red strike through, added text as red underlined, and moved text as green strikethrough and underlined. 153.300.030 USE SPECIFIC STANDARDS Subd. 1 Summary. (M) Essential Services – Utility Substation. Essential service must comply with all of the following standards. I. Notwithstanding the prohibition against two or more uses on an individual parcel, the lot area for essential service-utility substation can be acquired by lease provided, however, the lot must have adequate area so that all structures and/or facilities comply with the required setbacks for the Base Zoning District. II. When the utility no longer needs the lot or parcel for the intended use, the parcel must be returned to its original condition. The City may require a financial guarantee to ensure compliance with this standard. ATTACHMENT D 2 | P a g e III. The area of the site used for the utility facility or structure must be landscaped to provide adequate screening from property lines and the road right-of-way. IV. Fences erected on sites used for essential services – utility substations are exempt from the height limitations for fences established in [153.400.060 Subd. 4 (B) X.] but may not exceed 10 feet, inclusive of any barbed wire or similar materials. 153.400.60 LANDSCAPING, BUFFERING, AND FENCES Subd. 4. Fences. The following standards are established to regulate the design, construction, and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. (A) Application. I. No permit is required for any fence less than six feet in height that complies with the provisions of this ordinance. II. An Administrative Permit and Building Permit are required for any fence exceeding six feet in height. III. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. (B) (A) General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side, and rear yards for purposes of this Section. I. Fences may not impede the view of the roadway from a driveway providing access to the road. II. Fencing must comply with the Character Area Standards provided in Section [153.400.040]. III. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. IV. No fence may be constructed on public rights-of-way. V. Fences may not impede the view of the roadway from a driveway providing access to the road. VI. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. VII. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. VIII. The maximum height of any fence is 8 feet in height. 3 | P a g e IX. Location. Figure [153.400.060-1] is provided to define illustrate the setback location and standards applicable to the construction of fences in any Zoning District, as described in the following sections. a. No fence may be constructed on public rights-of-way. b. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. c. Any fence constructed parallel to the right-of-way line or edge of street pavement must be setback a minimum of two feet. d. Additional setbacks for fences may be required on streets without dedicated right-of-way where maintenance of the public street requires additional setbacks. X. Height. a. Fences in front of the Principal Structure located within 20-feet of the right-way line or edge of street pavement are permitted up to four feet in height. b. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line edge of street pavement, whichever is greater. c. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. d. If the primary use of a property is Agricultural, then a fence up to six feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. Figure 153.400.060-1. Fence Diagram 4 | P a g e (C) Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: I. An Administrative Permit is required prior to the construction of any fence. II. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. III. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line, with the following exception: except no fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Staff believe the proposed ordinance amendment addresses the issue identified for fences that serve essential services – utility substation needs and clarify fencing standards. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached resolution. 2. Recommend denial, with findings, of the attached resolution. 3. Table the request for further review/study. RECOMMENDATION Staff recommends that the Planning Commission open a public hearing and receive any and all comments from the public. A public hearing was held at the October 7, 2025, meeting for an amendment to 153.400, however, with the additional section included, another public hearing was required. Staff recommend the Planning Commission recommend approval of the ordinance amendment regarding nonresidential fencing, with any amendments deemed necessary: Motion to recommend the City Council approval of the attached ordinance to amend 153.400.060 of the Unified Development Code regarding standards for essential services – utility substations and fencing, with the findings and conditions described within the staff report. Attachments A. Draft Ordinance 2025-XX Amendment Regarding Essential Services - Utility Substations and Fence Standards B. Planning Commission “UDC Amendment for Nonresidential Fences” Packet, October 7, 2025 Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 1 of 4 CITY OF SCANDIA ORDINANCE NO.: 2025-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.300.030 REGARDING STANDARDS FOR ESSENTIAL SERVICES – UTILITY SUBSTATIONS AND 153.400.060 REGARDING FENCE 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”), Chapter 153.300.030 Use Specific Standards Subd. 1 (M) Essential Services, shall be amended by adding the underlined text and deleting the stricken text as follows: (M) Essential Services – Utility Substation. Essential service must comply with all of the following standards. I. Notwithstanding the prohibition against two or more uses on an individual parcel, the lot area for essential service-utility substation can be acquired by lease provided, however, the lot must have adequate area so that all structures and/or facilities comply with the required setbacks for the Base Zoning District. II. When the utility no longer needs the lot or parcel for the intended use, the parcel must be returned to its original condition. The City may require a financial guarantee to ensure compliance with this standard. III. The area of the site used for the utility facility or structure must be landscaped to provide adequate screening from property lines and the road right-of-way. IV. Fences erected on sites used for essential services – utility substations are exempt from the height limitations for fences established in [153.400.060 Subd. 4 (B) X.] but may not exceed 10 feet, inclusive of any barbed wire or similar materials. Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code,” or “Code”), Chapter 153.400.060 Landscaping, Buffering and Fences, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.400.060 LANDSCAPING, BUFFERING, AND FENCES Subd. 4. Fences. The following standards are established to regulate the design, construction, and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. ATTACHMENT A Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 2 of 4 (A) Application. I. No permit is required for any fence less than six feet in height that complies with the provisions of this ordinance. II. An Administrative Permit and Building Permit are required for any fence exceeding six feet in height. III. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. (B) (A) General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side, and rear yards for purposes of this Section. I. Fences may not impede the view of the roadway from a driveway providing access to the road. II. Fencing must comply with the Character Area Standards provided in Section [153.400.040]. III. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. IV. No fence may be constructed on public rights-of-way. V. Fences may not impede the view of the roadway from a driveway providing access to the road. VI. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. VII. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. VIII. The maximum height of any fence is 8 feet in height. IX. Location. Figure [153.400.060-1] is provided to define illustrate the setback location and standards applicable to the construction of fences in any Zoning District as described in the following sections. a. No fence may be constructed on public rights-of-way. b. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. c. Any fence constructed parallel to the right-of-way line or edge of street pavement must be setback a minimum of two feet. d. Additional setbacks for fences may be required on streets without dedicated right-of-way where maintenance of the public street requires additional setbacks. Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 3 of 4 X. Height. a. Fences in front of the Principal Structure located within 20-feet of the right-way line or edge of street pavement are permitted up to four feet in height. b. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. c. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. d. If the primary use of a property is Agricultural, then a fence up to six feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. Figure 153.400.060-1. Fence Diagram (C) Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: I. An Administrative Permit is required prior to the construction of any fence. II. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. III. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line, with the following exception: except no fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required setback. If the existing principal structure is located Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 4 of 4 closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance at their October 7, 2025, and November 4, 2025, meeting and held a public hearing on the amendment at a public hearing at their October 7, 2025, and November 4, 2025, meeting. No comments were made at the public hearing. The Planning Commission voted to recommend approval of the ordinance, with amendments. Section 4 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator 1 | P a g e Date of Meeting: October 7, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: UDC Amendment for Nonresidential Fences City staff have prepared an ordinance amendment to add standards for fences located on nonresidential properties. BACKGROUND As part of reviewing a recent conditional use permit, staff identified that there were restrictions related to fencing that would not allow for the fence needed for security purposes related to the use of the site. Fences height is currently restricted on a property based on the proximity to the right-of-way and based on the location of the principal structure. Figure 153.400.060-1 Fence Diagram shows where various heights of fencing is allowed on a lot: Other standards apply to the location of the fence, but generally, fences can be located on a property line provided they do not cause physical damage of any kind to an abutting property and do not impede site lines along roadways. ATTACHMENT B 2 | P a g e OVERVIEW OF DRAFT ORDINANCE Staff have drafted the attached amendment to amend the existing standards to clarify existing standards, categorize residential standards, and add new standards for nonresidential fences. The following language in the ordinance is shown with removed text as red strike through, added text as red underlined, and moved text as green strikethrough and underlined. 153.400.60 LANDSCAPING, BUFFERING AND FENCES Subd. 4. Fences. The following standards are established to regulate the design, construction and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. (A) Application. I. No permit is required for any fence less than six feet in height that complies with the provisions of this ordinance. II. An Administrative Permit and Building Permit are required for any fence exceeding six feet in height. III. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. (B) (A) General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side and rear yards for purposes of this Section. I. Fences may not impede the view of the roadway from a driveway providing access to the road. II. Fencing must comply with the Character Area standards provided in Section [153.400.040]. III. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. IV. No fence may be constructed on public rights-of-way. V. Fences may not impede the view of the roadway from a driveway providing access to the road. VI. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. VII. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. VIII. The maximum height of any fence is 8 eight feet in height. IX. Location. a. No fence may be constructed on public rights-of-way. 3 | P a g e b. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. c. Any fence constructed parallel to the right-of-way line must be setback a minimum of two feet. Figure 153.400.060-1. Fence Diagram (C) (B) Residential Fences setbacks and corresponding height. Figure [153.400.060-1] is provided to define illustrate the setback location and standards applicable to the construction of fences in any Zoning District for residential uses, as described in the following sections. I. Fence Location. Height. a. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. b. Fences in front of the Principal Structure located within 20-feet of the right-way line or edge of street pavement are permitted up to four feet in height. c. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. i. Fences in front of the Principal Structure located closer than 20- feet to the right-way line are permitted up to four (4) feet in height. Any fence constructed parallel to the right-of-way line must be setback a minimum of two (2) feet. d. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. 4 | P a g e e. Any fence exceeding six (6) feet in height is required to obtain an Administrative Permit and a Building Permit. f. If the primary use of a property is Agricultural, then a fence up to six (6) feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. Staff have reorganized the existing language to group general standards that apply to each lot together as well as consolidate standards that apply to general performance standards and location standards. Additional language is proposed to clarify the intent of the standards such as adding references to “edge of street pavement” where only right-of-way was previously referenced as the city does not have dedicated right-of-way on every street in Scandia. (D) Nonresidential Fences. Fences located on lots with nonresidential uses are allowed as follows: I. Fences in front of the principal structure are permitted up to six feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. II. Fences located behind the principal structure as depicted on Figure [153.400.060-1] may be constructed up to eight feet in height. III. Barbed wire and other similar materials, when used for security purposes, shall not count towards the height of a fence provided the barbed wire is no taller than one foot six inches above the top of the fence. IV. If the primary use of a property is Agricultural, then a fence up to six feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. Typically, nonresidential uses have greater needs for fencing that serves a security purpose than residential uses. This typically results in taller fencing, as well as the use of barbed wire or other similar security elements. Staff have drafted the standards to allow for barbed wire for all nonresidential districts; however, barbed wire and similar materials is often seen as unappealing or an unsightly material. The Planning Commission may want to further restrict this use, but to serve the correct uses, the language will need to be cumbersome as no generally category such as land use category or zoning district encompass the uses that typically utilize security fencing. The least complex language staff would recommend would be to allow for barbed wire for parcels zoned I-P and Essential Services, regardless of zoning district. The Planning Commission should discuss other potential needs for security fencing and barbed wire. (E) (C) Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: I. An Administrative Permit is required prior to the construction of any fence. II. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. 5 | P a g e III. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line with the following exception: a. No fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached resolution. 2. Recommend denial, with findings, of the attached resolution. 3. Table the request for further review/study. RECOMMENDATION Staff recommends that the Planning Commission open a public hearing and receive any and all comments from the public. Staff recommend the Planning Commission recommend approval of the ordinance amendment regarding nonresidential fencing, with any amendments deemed necessary: Motion to recommend the City Council approval of the attached ordinance to amend 153.400.060 of the Unified Development Code regarding fencing, with the findings and conditions described within the staff report. Attachments A. Draft Ordinance 2025-XX Amendment Regarding Nonresidential Fencing B. Zoning Map C. Unified Development Code 153.400.060 Landscaping, Buffering and Fences Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 1 of 4 CITY OF SCANDIA ORDINANCE NO.: 2025-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE 153.400.060 REGARDING NONRESIDENTIAL FENCES 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”), Chapter 153.400.060 Landscaping, Buffering and Fences, shall be amended by adding the underlined text and deleting the stricken text as follows: 153.400.60 LANDSCAPING, BUFFERING, AND FENCES Subd. 4. Fences. The following standards are established to regulate the design, construction, and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. (A) Application. I. No permit is required for any fence less than six feet in height that complies with the provisions of this ordinance. II. An Administrative Permit and Building Permit are required for any fence exceeding six feet in height. III. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. (B) (A) General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side, and rear yards for purposes of this Section. I. Fences may not impede the view of the roadway from a driveway providing access to the road. II. Fencing must comply with the Character Area standards provided in Section [153.400.040]. III. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. IV. No fence may be constructed on public rights-of-way. V. Fences may not impede the view of the roadway from a driveway providing access to the road. VI. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. ATTACHMENT A Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 2 of 4 VII. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. VIII. The maximum height of any fence is 8 eight feet in height. IX. Location. a. No fence may be constructed on public rights-of-way. b. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. c. Any fence constructed parallel to the right-of-way line must be setback a minimum of two feet. Figure 153.400.060-1. Fence Diagram (C) (B) Residential Fences setbacks and corresponding height. Figure [153.400.060-1] is provided to define illustrate the setback location and standards applicable to the construction of fences in any Zoning District for residential uses, as described in the following sections. I. Fence Location. Height. a. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. b. Fences in front of the Principal Structure located within 20-feet of the right-way line or edge of street pavement are permitted up to four feet in height. c. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 3 of 4 i. Fences in front of the Principal Structure located closer than 20- feet to the right-way line are permitted up to four (4) feet in height. Any fence constructed parallel to the right-of-way line must be setback a minimum of two (2) feet. d. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. e. Any fence exceeding six (6) feet in height is required to obtain an Administrative Permit and a Building Permit. f. If the primary use of a property is Agricultural, then a fence up to six (6) feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. (D) Nonresidential Fences. Fences located on lots with nonresidential uses are allowed as follows: I. Fences in front of the principal structure are permitted up to six feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. II. Fences located behind the principal structure as depicted on Figure [153.400.060-1] may be constructed up to eight feet in height. III. Barbed wire and other similar materials, when used for security purposes, shall not count towards the height of a fence provided the barbed wire is no taller than one foot six inches above the top of the fence. IV. If the primary use of a property is Agricultural, then a fence up to six feet along the right-of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. (E) (C) Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: I. An Administrative Permit is required prior to the construction of any fence. II. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. III. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line with the following exception: a. No fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Added Text – Red Underline Removed Text – Red Strikethrough Moved Text – Green Underline and Green Strikethrough Page 4 of 4 Section 2 Planning Commission. The Planning Commission discussed the proposed ordinance at their October 7, 2025, meeting and held a public hearing on the amendment at a public hearing at their October 7, 2025, meeting. ____ comments were made at the public hearing. The Planning Commission voted to recommend approval of the ordinance, with amendments. Section 3 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 21st day of October 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator ATTACHMENT B City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-30 153.400.060 LANDSCAPING, BUFFERING AND FENCES Subd. 1. Summary and Intent. The purpose of the standards identified in this Section are to support the rural character of the community and to support the transition between lots, uses, character areas and districts through landscaping, buffering and fencing. Subd. 2. Landscaping. The character of the community is defined by its existing trees and vegetation. The following standards are intended to support and enhance the City’s character through both preservation of existing vegetation and enhancement through the planting of new tr ees and vegetation. (A) Purpose. The preservation of existing trees and vegetation as well as the planting of new trees and vegetation, can significantly add to the quality of the physical environment of the community. This Section provides for the health, safety, and welfare of the residents of the City of Scandia and is intended to: I. Promote the reestablishment of vegetation in developed areas for aesthetic, health, and wildlife reasons; II. Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues; III. Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses; IV. Unify development and enhance and define public and private spaces; V. Promote the retention and use of existing vegetation; VI. Aid in energy conservation by providing shade from the sun and shelter from the wind; VII. Reduce flooding and erosion by stabilizing soils with trees and vegetation. (B) Landscaping Plan. A landscaping plan must be submitted at the time of Site Plan/Preliminary Plat review for any: I. Major residential subdivision, or new development or new building construction in any commercial, industrial, public/institutional or planned unit development. II. Modification or expansion of a commercial or industrial building or improvements to a site, and/or when there is a change in land use plan or zoning. Landscaping requirements will be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Zoning Administrator. In all cases appropriate screening and buffering must be provided for the entire site. (C) General Plan Requirements. Landscape plans must be prepared by a landscape architect or other qualified person acceptable to the Zoning Administrator and must include information as required by Section [153.500], and a Woodland Preservation Plan as per Section [153.400.070], as applicable. (D) Design Standards and Guidelines. All landscaping provided to meet the standards of this section shall adhere to the following: I. Character Areas and Design Guidelines. Landscape plans must be reviewed for compliance with the applicable Character Area required in [Section153.400.040] and should be reviewed for compatibility with the Scandia Architectural Design Guidelines, as applicable. II. Landscaped Areas. All open areas of a lot which are not used or improved for required parking areas, drives or storage must be landscaped with a combination of over-story trees, under-story trees, coniferous trees, shrubs, flowers and ground cover materials. The City strongly encourages landscape plans that reflect the natural landscape and incorporate native vegetation. III. Number of trees. The minimum number of major or over-story trees on any given site is indicated in Table 153.400.060-1. Table 153.400.060-2 identifies the minimum number of substantial plantings, in addition to other under-story trees, shrubs, flowers and ground cover deemed appropriate for a complete quality landscape treatment of the site. The planting location of the required trees is ATTACHMENT C City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-31 flexible to accommodate various landscape designs. If requested by the applicant, the City Council may consider reducing the required number of trees if the landscape plan reflects the natural landscape. Table 153.400.060-1. Required Number of Trees Use Number of Trees Single-Family Residential 5 trees per dwelling unit Multi-Family Residential 5 trees per dwelling unit Commercial/Industrial 10 trees or 1 tree per 1,000 square feet of gross building floor area, whichever is greater (E) Site Ground Cover. All front, side or rear yards facing a right-of-way must be treated with a ground cover material consisting of either lawn and/or native prairie grasses. The ground cover must be established one year from the date of occupancy. Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant materials will satisfy this requirement. (F) Building Ground Cover. A minimum five-foot strip from building walls facing a public right-of-way must be treated with decorative ground cover and/or foundation plantings, except for garage/loading and pedestrian access areas. (G) Minimum Planting Size. The complement of trees fulfilling the requirements of this Section must be of a variety of age classes. Sizes of over- and under-story trees are based on the diameter of the tree 6 inches above the ground. Table 153.400.060-2. Minimum Planting Size Required Required Planting Material % of Tree Type Size Required Over-story Trees 50% 50% 2 ½ inches 1 ½ inches Under-story Trees 50% 50% 1 ½ inches 1 inch Ornamental Trees 50% 1 inch Coniferous Trees 4 feet in height Tall Shrubs or Hedge 3 feet Low Shrubs 2 or 5 gallon (H) Species. The following is a list of recommended plant materials: Table 153.400.060-3. List of Recommended Plant Materials Common Name Scientific Name Type Native CONIFERS Balsam Fir Abies balsamea Conifer No Eastern Red Cedar Juniperus virginiana Conifer Yes City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-32 Common Name Scientific Name Type Native Tamarack Larix laricina Conifer Yes White Spruce Picea glauca Conifer Yes Norway Spruce Picea abies Conifer No Jack Pine Pinus banksiana Conifer Yes Norway Pine Pinus resinosa Conifer Yes White Pine Pinus strobus Conifer Yes American Arborvitae; White Cedar Thuja occidentalis Conifer Yes Canadian Hemlock Tsuga Canadensis Conifer Yes DECIDUOUS TREES Red Maple Acer rubrum Primary Deciduous; Overstory Yes Silver Maple and Cultivars Acer saccharinum Primary Deciduous; Overstory Yes Sugar Maple Acer saccharum Primary Deciduous; Overstory Yes Ohio Buckeye Aeschylus glabra Primary Deciduous; Overstory No Yellow Birch Betula alleghaniensis Primary Deciduous; Overstory No River Birch Betula nigra Primary Deciduous; Overstory Yes Paper Birch Betula papyrifer Primary Deciduous; Overstory Yes American Hornbeam; Blue Beech Carpinus caroliniana Primary Deciduous; Understory Yes Bitternut Hickory Carya cordiformis Primary Deciduous; Overstory Yes Shagbark Hickory Carya ovate Primary Deciduous; Overstory No Northern Catalpa Catalpa speciosa Primary Deciduous; Overstory Yes Hackberry Celtis occidentalis Primary Deciduous; Overstory Yes Hawthorn Crataegus crus-galli Primary Deciduous; Ornamental Yes Honeylocust Gleditsia triacanthos Primary Deciduous; Overstory No Kentucky Coffee Tree Gymnocladus dioica Primary Deciduous; Overstory Yes Black Walnut Juglans nigra Primary Deciduous; Overstory Yes Crabapple Malus sp. Primary Deciduous; Ornamental No Ironwood Ostrya virginiana Primary Deciduous; Understory Yes City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-33 Common Name Scientific Name Type Native Cottonwood (male, non-seeding) Populus deltoides Secondary Deciduous; Overstory Yes Quaking Aspen Populus tremuloides Secondary Deciduous; Overstory Yes Canada Plum Prunus nigra Primary Deciduous; Ornamental No Black Cherry Prunus serotina Primary Deciduous; Overstory Yes White Oak Quercus alba Primary Deciduous; Overstory Yes Swamp White Oak Quercus bicolor Primary Deciduous; Overstory Yes Northern Pin Oak Quercus ellipsoidalis Primary Deciduous; Overstory Yes Bur Oak Quercus macrocarpa Primary Deciduous; Overstory Yes Pin Oak Quercus palustris Primary Deciduous; Overstory Yes Red Oak Quercus rubra Primary Deciduous; Overstory Yes Black Oak Quercus velutina Primary Deciduous; Overstory Yes American Mountain Ash Sorbus Americana Primary Deciduous; Ornamental Yes European Mountain Ash Sorbus aucuparia Primary Deciduous; Ornamental No Basswood; American Linden Tilia Americana Primary Deciduous; Overstory Yes Littleleaf Linden Tilia cordata Primary Deciduous; Overstory No American Elm (Dutch Elm-resistant varieties Ulmus Americana Primary Deciduous; Overstory Yes Slippery Elm; Red Elm Ulmus rubra Primary Deciduous; Overstory Yes DECIDUOUS SHRUBS Downy Serviceberry Amelanchior arborea Tall Shrub; Understory Yes Shadbow Serviceberry Amelanchior canadensis Tall Shrub; Understory Yes Allegany Serviceberry Amelanchior laevis Tall Shrub; Understory Yes Leadplant Amopha canescens Low Shrub; Understory Yes Red Chokeberry Aronia arbutifolia Low Shrub; Understory Yes Black Chokeberry Aronia melanocarpa Low Shrub; Understory Yes Pagoda Dogwood Cornus alternifolia Tall Shrub; Understory Yes Gray Dogwood Cornus racemosa Tall Shrub Understory Yes Redosier Dogwood Cornus stolonifera Tall Shrub; Understory Yes City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-34 Common Name Scientific Name Type Native American Hazel Corylus Americana Tall Shrub; Understory Yes Bush Honeysuckle Diervilla lonicera Low Shrub; Understory Yes Wahoo Euonymous atropurpureus Tall Shrub; Understory Yes Common Witchhazel Hamamelis virginiana Tall Shrub; Understory Yes Wild Plum Prunus Americana Tall Shrub; Understory Yes Pin Cherry Prunus pensylvanica Tall Shrub; Understory Yes Fragrant Sumac Rhus aromatic Low Shrub; Understory Yes Smooth Sumac Rhus glabra Tall Shrub; Understory Yes Saghorn Sumac Rhus typhina Tall Shrub; Understory Yes Willows (native to Minnesota) Salix, sp. Low Shrub; Understory Yes Arrowwood Viburnum Viburnum dentatum Low Shrub; Understory Yes Nannyberry Viburnum lentango Tall Shrub; Understory Yes American Highbush Cranberry Viburnum trilobum Tall Shrub; Understory No I. The complement of trees fulfilling the requirements of this Section may be not less than 25% deciduous and not less than 25% coniferous, unless the proposed plantings are designed to create a natural setting and it is approved by the City Council. Single-family detached housing development is exempt from this requirement. II. No invasive species as identified by the Minnesota Department of Natural Resources are permitted, or any of the following to meet the tree requirement: a. A species of the genus Ulmus (elm), except those elms bred to be immune to Dutch Elm disease; b. Female Cottonwood; c. A species of the genus Fraxinus (ash); or d. Female ginko. III. Parking Lots/Planting Islands. All automobile parking lots designed for 15 or more parking spaces must provide landscaping areas dispersed throughout the parking lot to avoid the visual monotony, heat and wind associated with large parking areas. Parking lots with less than 15 spaces are not required to provide landscaping other than yard area and buffer landscaping requirements as specified in other sections of this UDC. a. Plant Materials. At least one over-story/shade tree must be provided for each 15 parking spaces. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the shade trees, but may not be the sole contribution to such landscaping. b. Additional perimeter plantings may be used to satisfy this requirement in parking facilities less than 60 feet in width. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-35 IV. Slopes and Berms. Final slopes of greater than 3:1 will not be permitted without special treatment such as terracing or retaining walls. All berms must incorporate trees and other plantings into the design. In no situation are berms to be used as the sole means of screening. V. Landscape Guarantee. A financial guarantee must be submitted as provided by Section [153.500.070. Subd. 2] Subd. 3. Screening and Buffering. The following screening and buffering standards are established to allow for appropriate and adequate transitions between different, but adjacent, Character Areas and/or Zoning Districts. (A) Screening is required: I. As a transition between different, but adjacent Character Areas and/or Zoning Districts: a. When any nonresidential, commercial or industrial off-street parking area contains more than 4 parking spaces and is within 30 feet of a parcel in residential use. b. When a driveway to a nonresidential parking area of more than 6 parking spaces is within 15 feet of a parcel in residential use. c. Where any business or industrial use (structure, parking or storage) is adjacent to property in residential use, that business or industry must provide screening along the boundary of the residential property. Screening must also be provided where a business, parking lot or industry is across the street from a residential use, but not on the side of a business or industry considered to be the front. II. Screening may be required between uses within the same Character Area and/or Zoning District as part of a land use application or subdivision process, which will be determined by the City Council (B) Performance Standards. The screening required in this Section may consist of earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to the area or object to be screened. Required screening for parking areas must provide a 100% opaque screen not less than 4 feet in height. Subd. 4. Fences. The following standards are established to regulate the design, construction and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. (A) General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side and rear yards for purposes of this Section. I. Fencing must comply with the Character Area standards provided in Section [153.400.040]. II. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. III. No fence may be constructed on public rights-of-way. IV. Fences may not impede the view of the roadway from a driveway providing access to the road. V. Where a property line is not clearly defined, a certificate of survey may be required by the Zoning Administrator to establish the location of the property line. VI. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. VII. The maximum height of any fence is 8 feet in height. (B) Fence setbacks and corresponding height. Figure [153.400.060-1] is provided to define the setback location and standards applicable to the construction of fences in any Zoning District as described in the following sections. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-36 Figure 153.400.060-1. Fence Diagram. I. Fence Location. a. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. b. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. i. Fences in front of the Principal Structure located closer than 20 -feet to the right-way line are permitted up to four (4) feet in height. Any fence constructed parallel to the right-of-way line must be setback a minimum of two (2) feet. c. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. d. Any fence exceeding six (6) feet in height is required to obtain an Administrative Permit and a Building Permit. e. If the primary use of a property is Agricultural, then a fence up to six (6) feet along the right - of-way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. (C) Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: I. An Administrative Permit is required prior to the construction of any fence. II. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. III. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line with the following exception: a. No fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400 Adopted 09.20.2022, Last Amended 08.19.2025 (Ordinance No. 2025-13) page-37 setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Subd. 5. Land Clearing. As established within this UDC the City is defined by the natural vegetation and trees that establish the rural character of the community. The purpose of the standards that follow is to minimize any Land Clearing to the extent possible, while acknowledging that Land Clearing is necessary for development and redevelopment of some properties within the City. (A) Required Permits: Land clearing of an area 20,000 square feet or more is permitted in all Zoning Districts, provided an Administrative Permit is issued. A permit is not required for clearing trees and other woody plants in an area less than 20,000 square feet; clearing activities associated with a construction project if a building permit has been issued, and there is minimal amount of clearing; and subdivisions that have received Final Plat approval. (B) Other Requirements. Land Clearing must comply with all rules and regulations of Federal, State, County and local agencies. (C) Performance Standards. Land clearing must comply with the following: I. No removal of trees located on slopes greater than 25%, or in wooded floodplains, wooded wetlands, and stream corridors is permitted. Trees and woodlands within the Shoreland Management Overlay District and the Lower St. Croix River Corridor Overlay District are subject to the requirements as stated in Chapters 154 and 155 in addition to the regulations of this UDC. II. Construction fences or barricades may be required to be placed at the perimeter of the area to be cleared. III. Erosion and siltation measures must be coordinated with the different stages of clearing. Appropriate control measures must be installed prior to land clearing when necessary to control erosion. IV. Land must be cleared in increments of a workable size so that erosion and siltation controls can be provided as the clearing progresses. The smallest practical area of land should be exposed at any one period of time. V. Restoration. All permits must contain a restoration plan providing for the use of the land after project completion. The following are minimum standards for restoration: a. All disturbed areas must be restored at the completion of the project. b. All restoration must include the application of a minimum of four (4) inches of mineral soil or similar material that will support plant growth. c. All restored areas must be seeded with a mixture recommended by the soil and Water Conservation District unless it is put into forest or row crop production. d. Final grades must be in conformity with the permit and topography of the surrounding land. e. The standards above may be raised or modified to accommodate a specific restoration plan. f. The Zoning Administrator may require the applicant to post a financial guarantee to ensure compliance with the Administrative Permit. 153.400.070 WOODLAND AND TREE PRESERVATION Subd. 1. Summary and Intent. The City has established the importance of protecting the natural vegetation including woodlands and trees as an essential part of its rural character. To ensure that development, redevelopment and /or subdivision of any site appropriately protects the natural vegetation and woodlands the following standards are established.