6.a Staff Report Development Code Update Meeting Date: 2/3/2010
Agenda Item:
(1) a)
Planning Commission/
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Review a draft of Chapter 1 of the Scandia Development Code
(Administration.)
Deadline/ Timeline: N/A
Background: • The draft of Chapter 1 was prepared following the January 12,
2010 work session and reflects the basic procedures and notice
requirements discussed at that session.
• There is a blank to be filled in the Site Plan Review section (see
page 1-46, Section 11.2.) Decisions will need to be made on what
types of uses and projects will or will not be subject to site plan
review. The criteria for classifying site plan reviews as "major"
(requiring Planning Commission and Council review) versus
"minor" (staff review) will also need discussion.
• The Definitions section is still a "work in progress". The draft is
similar to the existing code, except that some obsolete definitions
have been eliminated or updated. Where newer definitions have
been adopted (for example in the Shoreland or Floodplain Overlay
district regulations) the newer one has been included. Some have
been edited to reflect changes in statutes or to be consistent with
the Building Code. We strongly recommend that the Commission
and Council not spend significant time on the definitions section at
this time, as significant changes will likely be necessary as the
district regulations are discussed at future work sessions. We are
providing them now, however, because they will be useful to our
discussion of this and other sections as they are reviewed.
Recommendation: I recommend that the Commission and Council review and discuss the
draft of Chapter 1, except for the Definitions section. The next
sections of the Development Code to be reviewed will be the text of
the zoning districts and a draft zoning map, at the work session
tentatively scheduled for February 23 (6:00 p.m.)
Attachments/ • City of Scandia Development Code, Chapter 1 Draft Dated
Materials provided: January 28, 2010.
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(dev code work session 2310)
Page 1 of 1
01/28/10
CITY OF SCANDIA DEVELOPMENT CODE
The City of Scandia has adopted official controls for the purposes of regulating th e physical development of
land in the City. These official controls are complied into and hereafter known as the Scandia Development
Code and Ordinance# :
Chapter One Administration
Chapter Two Zoning Regulations
Chapter Three Subdivision Regulations
N. o, ihr4,
Chapter Four Mining and Related Activities RegulationN,
Chapter Five Shoreland Management Regulations
<4% t 'OilOir
Chapter Six Floodplain Management,Regila ions
VIN,
The City of Scandia also herein adopts the followingchapters of the ,ashiigton County Development Code,
with exception as may be noted in Chapters One t &gh Six of the Scallifik,Development Code. These
Chapters, as they may be amended from time to time 7 Washington Counlok .all remain in effect
ect unless
4110 and until they are replaced with new regulations adopted bythe city ef Scandia:
Subsurface Sewage l'reatment System Regulations (Washington County Development Code Chapter
,
Four)
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Lower St. Croix River.Blufflañd''*'and Shoreland Management Regulations(Washington County
lo
Development Code cha Ler.folF..,,,,00„,,,,,
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10
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-1
CHAPTER ONE9
ADMINISTRATION
Table of Contents
SECTION 1 TITLE AND APPLICATION
1.1 Title 1-4
1.2 Purpose and Intent 1-4
1.3 Relationship to Comprehensive Plan 1-4
1.4 Conformity with this Chapter 1-4
1.5 Application A 1-4
1.6 Authority 1-5
1.7 Separability 1-5
SECTION 2 ENFORCEMENT AND PENALTIES
2.1 Enforcement 44 1-6
�l „tag
2.1 Penalties � � 1
16
SECTION 3 ZONING ADMINISTRATOR. 1,
3.1 Designation of Zoning Admi istrator ` 1-7
3.2 Duties of Zoning Administrat r , 1-7
SECTION 4 RULES AND DEFINITIONS `1 `�i a fl
4.1 Rules of Word Construction... 1-8
•
4.2 Definitions " 1-8
SECTION 5 AMEND , TS (T AND MAP)
5.1 Proceed " 1-32
ir
5.2 Amendme Initiati; � 1-33
5.3 Certification tax
V4o .. 1-33
.. 4n
5 4 'dents to mpre3
SECTION 6 VARIAN ; �.
Purpose ir ,i3 1-34
6 llis Board of Zoni Adjustor is and Appeals 1-34
6.3 It Review Criteria 1-34
6.4 asedures t,�
6.5 Ap cal of Board Ruling 1-36
6.6 Expi rati 41
6.7 Certification of Taxes Paid 1-36
SECTION 7 APPEALS.
7.1 Board Designation 1-37
7.2 Applicability 1-37
7.3 Filing 1-37
7.4 Stay of Proceedings 1-37
7.5 Filing 1-37
7.6 Appeals from the Board of Adjustment and Appeals 1-37
ill
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-2
4111 SECTION 8 CONDITIONAL USE PERMITS
8.1 Purpose and Intent 1-38
8.2 Procedures 1-38
8.3 Information Requirement 1-39
8.4 General Criteria 1-39
8.5 Perfoimuance Standards 1-39
8.6 Revocation 1-40
8.7 Amendment 1-41
8.8 Expiration 1-41
8.9 Financial Guarantee .. 1-41
8.10 Certification of Taxes Paid 1-41
SECTION 9 INTERIM USES.
9.1 Purpose and Intent,. ,, 1-42
9.2 Procedures ,,. , 1-42
9.3 General Standards u , 1-42
9.4 Termination . %: 4 ...‹'. 1-42
ti
9.5 Certification of Taxes Paid ,
........... 1 42
SECTION 10 ADMINISTRATIVE PERMITS AND APPRA. Lr
S
10.1 Purpose n. 'w., 1-43
ft
10.2 Procedure 1. v. �� .k
` 1-43
s 1`z
10.3 Infoiination Requirement ,�� ,< ��: 1 44
10.4 Performance Standards ;. 1-44
v 4 410 10.5 Administration and Enforcement, 1-44
10.6 Certification ofaxes Paid t 1-45
10.7 Expiration , . �., 1-45
10.8 Non-Pe Approvals . V 1-45
SECTION 11 SITE PL -VIE ' .
11.1 Purpose "'" 4„.4 k.'t, .;>` 1-46
11.2 , e ptions to Re . .��. 1-46
4 �� `a ii '
11 3 Pre Applications S h Review 1-46
111 4 Minor Proje ilk,. k;kx 1-47
-11 5 Major Proje t , 101.
1-48
k 1 • . 1-49
1 � Evaluation Crit °,a
11.7�1, nformation Requirement 1-49
tu
11.8 Plan Modifications 1-53
11.9 Lapse of Approval 1-54
11.10 SiteImprovement Performance Agreements and Financial Guarantees 1-54
11.11 Building.Code 1-56
SECTION 12 ENVIRONMENTAL REVIEW
12.1 Purpose 1-57
12.2 General Provisions 1-57
12.3 Environmental Assessment Worksheets (EAWs) 1-57
12.4 Environmental Impact Statements (EISs) 1-59
411
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-3
SECTION 13 NONCONFORMITIES
13.1 Purpose 1-60
13.2 General Provisions 1-60
1 3.3 Nonconforming Buildings and Structures 1-60
13.4 Nonconforming Uses 1-62
13.5 Nonconforming Lots 1-62
1 3.6 Overlay Districts 1-63
SECTION 14 OFFICIAL MAPS
„ -,,...14.1 Purpose 1-64
14.2 Official Map Defined 1-64,.
1 4.3 Initiation of Proceedings 1-64
4- \,
1-64
14.4 Referral to Planning Commission
N,1 4.5 Notice and Hearing 4;- ,
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14.6 Preparation and Filing of Maps
14.7 Effect
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14.8 Appeals
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Chapter 1-4
City of Scandia Development Code DRAFT JANUARY 28,2010
SECTION 1.0 TITLE AND APPLICATION
1.1 Title. This Chapter shall be known, cited and referred to as Chapter One of the Scandia Development
Code except as referred to herein, where it shall be known as"this Chapter."
1.2 Purpose and Intent. This Chapter of the Scandia Development Code is adopted for the following
purposes:
(1) To implement the Scandia Comprehensive Plan.
(2) To protect the public health, safety and general welfare of the community.
(3) To provide rules and procedures for the administration of the Development Code
(4) To provide for amendments
\ji•••4‘,
•
(5) To define the powers and duties of the city staff hi e Zoning J3oard of AdjustnienkatkAppeals,
the Planning Commission and the City Council relation to Development Code;
(6) To protect areas needed for future public use from further development through Official Maps.
(7) To prescribe penalties for the violatI000f the provisions o ,fttoDevelopment code.
Nt1410,,
4itv, Scandia 1.3 Relationship to the Comprehensive Plan. I thepokcypf the City o , ia that the enforcement,
40 amendment, and administration of the ScandiaDev'et*MentCode accomplished consistent with the
recommendations contained in the City ComPelfeilstVe PlAk*Aefeloped and amended by the
Planning Commission an,gC1council of the City. The Council recognizes the City Comprehensive
Plan as the official policy o'ltvgrulation of hind use and development in accordance with the
policies and purpose:,}ierein set 14): . In accordance with Minnesota Statutes Chapter 273,the City will
not approve an • or othe:qange in these regulations that are inconsistent with the
Comprehensive Plan. NIttt&,. ANteAkt,.:-
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1.4 ConforifitiWitftihrs,ChaptOVN,
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No structure shaftsp,erectes 3AvAyoted, enlarged,reconstructed or altered,and no structure or
kN414land shall be used forAny purp ,''or in any manner which is not in conformity with the
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provisions of this Chapter.
(2) l.:xcet as herein provided.no building, structure or premises shall hereafter be used or occupied
and no building permit shall be granted that does not conform to the requirements of this Chapter.
\\*i:
(3) Except as hereinProvided, no land subdivision shall be permitted that creates nonconformities.
1.5 Application.
(1) In their interpretation and application, the provisions of this Chapter shall be held to be the
minimum requirements necessary to accomplish the general and specific purposes of the
Development Code.
(2) Where the conditions imposed by any provisions of this Chapter are either more or less restrictive
than comparable conditions imposed by other law,ordinance, rule, or regulation of the city, state,
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-5
or federal government, the law, ordinance, rule, or regulation which imposes the more restrictive 40
condition, standard, or requirement shall prevail.
1.6 Authority. This Chapter is enacted pursuant to the authority granted under the Municipal Land
Planning Act,Minnesota Statutes, Section 462.351 to 462.363.
1.7 Separability. It is hereby declared to be the intention of the City that the several provisions of this
Chapter are separable in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid,
such judgment shall not affect any other provisions of this Chapter not specifically included in
said judgment.
. ,
(2) If any court of competent. jurisdiction• • shall adjudge invalid
..khe i
appi ..it,09,,
of any provision of
this Chapter to a particular property, building, or other structure, such ISiiAel44. ‘n.t shall not affect
the application of said provision to any other proPerty,building, or struct "1;1 c$specifically
included in said judgment.
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City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-6
SECTION 2.0 ENFORCEMENT AND PENALTIES
2.1 Enforcement. In case any building or structure is erected, constructed,
reconstructed, altered,repaired,
converted, or maintained, or any building, structure or land is used in violationof this Chapter, the
criminal
Zoning Administrator, in addition to other remedies,may institute any proper action or
proceedings in the name of the City of Scandia, and hereby shall have the powers of a police officer to
prevent such unlawful erection, construction, reconstruction, alteration,repair,conversion,
maintenance, or use,to restrain or correct such violations, to prevent the occupancy of said building,
structure or land,or to prevent any illegal act,conduct,business or use iiiii#, out said premises.
2.2 Penalties. Any person who violates a provision of this Chapter is guilty of a misdemeanor and,upon
conviction thereof, shall be fined or penalized not more than the maximum levels established by the
State of Minnesota for misdemeanor offences. Each act of violation and everyday on which a violation
occurs or continues is a separate violation.
•
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Nh,','III
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-7
SECTION 3.0 ZONINGADMINISTRATOR •
3.1 Designation of Zoning Administrator. The City Council shall appoint the Zoning Administrator. The
Zoning Administrator may delegate authority to staff and/or consultants as necessary to carry out the
requirements of this and the other Chapters of the Development Code.
3.2 Duties of Zoning Administrator. The Zoning Administrator shall be responsible to:
(1) Receive, review, file and forward all applications for amendments,variances,conditional uses,
appeals or other matters to the designated official bodies.
(2) To recommend and collect fees,as established by city ordinancecfor all applications,permits or
other matters covered under the provisions of this Development Code„
(3) Maintain permanent and current records as required l y this chapter,including but not limited to
all maps, amendments, and conditional uses,variances,appeals,and applications therefore.
N.
(4) Issue administrative permits as provided in this + eelopme ,�rode. ;
(5) Review all building permits issued for structures intheik to ensure compliance with the
regulations contained in this Dev elopment Code. _"..
NIL
(6) Conduct inspections of structures a 'd use of n land to detelu v rmpliance with the terms of this
Development Code. ,P
(7) Notify in writing persons responsi 1 Ofviolations indicatingtthe nature of the violation and the •
action necessary to co ectit. .
e VI
(8) Issue stop w• t rders forviolations of this .;evelopment Code.
(9) Institute,with the advice i consent of the Cl y Attorney, in the name of the City, any
appropriate legal ac i ns or p .c saga st a violator as provided for in this Development
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City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-8
SECTION 4.0 RULES AND DEFINITIONS
4.1 Rules of Word Construction. For the purposes of interpretation of the Development Code,certain terms
or words herein shall be interpreted as follows:
(1) The word"person"includes an owner or representative of the owner, firm,association,
organization,partnership,trust, company or corporation as well as an individual.
(2) The words"shall"and"must"are mandatory; the word"may" is permissive.
(3) Unless the context clearly requires otherwise,the singular includes the plural,the plural includes
the singular, and the use of past,present and future tense shalt include the other tenses.
(4) All measured distances expressed in feet shall be to the nearest tenth of b,foot.
(5) When calculating parking stall requirements, any ffaction of a number shall constitute an
additional parking space.
„i, '
(6) For terminology not defined in this Chapter, elsewhere in 071.e Development Code;in another City
ordinance, or in the Minnesota State Building Code,44nin-Webster's Collegiate Dictionary
Tenth Edition shall be used to define such terms. nt‘,
(7) If a conflict arises between any graphici:itl4Stra7s:esentea**ixcode and the text of this
X '444nr,„k1,,, Sik0
code,the text shall prevail.
4.2 Definitions. The following words and terms,Wherever they occur i enr n the Development Code, shall be
interpreted as herein defiffeltN„,
w4-4,4kRa',44 4 ,,
(1) Accessory Apartment: A secondary dwellin!,unit within an existing owner-occupied single-
family dwelling ''t for usens a complete independent living facility. A density unit is not
attributed to this dwelling unit when calculatinVdensity.
(2) Aeoeskirytk,oT Structure. A use or structure on the same lot with, and of a nature customarily
incidental an subordinate to, principal use or structure.
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4'(3)t'i:',4Administrator: TheCity Zoning Administrator.
''4111l5' N 1
(4) Agricultural Building 'A structure on agricultural land designed,constructed,and used to house
farm implements, livestock or agricultural produce or products used by the owner, lessee or
sublesseeAfbe building and members of their immediate families,their employees and persons
engaged in"tbe'nickiip or delivery of agricultural produce or products.
\fi '
(5) Agricultural-Business, Seasonal: A seasonal business not exceeding six months in any calendar
year operated on a rural farm as defined offering for sale to the general public,produce or any
derivative thereof,grown or raised on the property.
(6) Agriculture, Processing
ill
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-9
(7) AgrIcultural Production: land uses including the production of horticulture and nursery stock,
•
fruit of all kinds, vegetables, forage, grains,bees and apiary products and raising domestic farm
animals.This activity does not need to be the principal source of income.
(8) Agriculture, Retail:
(9) Agritourism/Agritainment:
(10) Alteration: To change or make different; to remodel or modify.
(11) Animal Unit: A unit of measure used to compare differences in the production of animal wastes
which has a standard as the amount of waste produced on aregular basis by a slaughter steer or
heifer.
(12) Animals, Domestic Farm: Cattle, hogs,horses, bees, sheep, chickens and other animals
commonly kept for commercial food producingptirnoses.
,
(13) Animals, Domestic Pets: Dogs, cats,birds and similar animals commonly kept in a residence.
(14) Animals, Wild or Exotic: Bears, lions, wolves, ocelots*Vimilar animals shall not be considered
domestic pets and are not allowed.
(15) ,
(15) Antenna: That portion of any equiment, ttostedto radiate or receive'4- radio frequency energy for
transmitting or receiving radio or tel mgnsist of metal,carbonfib heetr, 410
or other electromagnetically conducti rods elements. Antennas are regulatedtothe extent
regulations are not preempted by the Federal Communications Commission.
0,1-A NW
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(16) Apartment: ApOm or suite of rooms cvitl cooking facilities designed to be occupied as a
residency byks"tiogle famil
(17) Appraised Valua lsTyalue of a s4rticture as determined by the current records of the
County,Assessor.
(18),''S:Ara,Net Developable: Those lands within a development parcel remaining after the deletion of
flood plains,w‘eflinds, slopes capf than twenty-five percent(25%),unbuildable easements or
=6"
i'Ights-of-way, an wired Mg setbacks.
(19) Attorney: The City Attorney.
(20) Automo 1yODealerpip: An automotive dealership is any place where automobiles are sold to the
general pubti&Bu§thess activities accessory to this retail use include motor vehicle repair, fuel
dispensing, and the rental of vehicles.
(21) Balloon Port, Commercial: An area of land designated for the takeoff, storage and maintenance
of hot air balloons on a commercial basis.
(22) Bar or Tavern: A building with facilities for the serving of beer, liquor, wine, set-ups and short
order foods.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-10
410 (23) Basement: Any area of a structure, including crawl spaces,having its floor or base subgrade
(below ground level/grade plane) on all four sides, regardless of the depth of excavation below
ground level.
(24) Bed and Breakfast Inn: An owner-occupied private home where accommodations are offered for
one or more nights to transients; in addition, a breakfast meal is served on the premises to no
more than ten(10)persons.
(25) Board of Adjustment and Appeals: A judicial type body that hears administrative appeals,
requests for variances,and requests for building permits in Official Map Areas.
(26) Boarding House: A building other than a motel or hotel where,-for compensation and by
prearrangement for definite periods, meals or lodging are provided for three(3)or more unrelated
persons,but not to exceed eight(8) persons.
(27) Buffer: A strip of land intended to create physical separation between potentially incompatible
uses of land.
i
(28) Buffer,Wetland: Undisturbed strip of land a;j;c7"erittleshoreliiiesand wetlands consisting of
native or existing vegetation.
,{,,
(29) Buildable Land: Land above the L t),.. ear flood plain withAoe less than 25 percent,and
situated outside of any required setbacks,,-,- ark‘rd land situated outsideloTany floodway,
drainageway,or drainage easement; except on"6n:a natural environment, lake where a 200-foot
,,
ill structure setback is required,the buildable area calculation shall he measured from the 150-foot
setback rather than the 200-foot setback..t
tt
(30) Building: Anyt.structure, , 'ker temporary orpeilnanent, having a roof and used or built for the
shelter or enclosure of any .,-,rson, animal or property of any kind. When any portion thereof is
completely separated from lery other part thbreof by area separation, each portion of such
building shall be'deemed . "separate building.
(31) BuildingkCticle1*The i i : ota State utilling Code.
‘tt, 77""11‘ Attx
0:4\Building Height.'t 4ekverticalt.4tanbe from the average of the highest and the lowest point of
' Ngrade for that porn 7'1\*the lot gered by the building, to the highest point of the roof for flat
is,to the roof deck line of Mansard roofs and to the mean height between eaves and ridge for
gable,hip or gambrelPofs.No structure shall exceed the maximum height permitted for the
zoni4aStriet in which it is located, except for church spires,chimneys,agricultural silos,wind
energyclersionAlems, wireless communication antennas and towers and flag poles up to 45
feet in height.The height of a stepped or terraced building is the maximum height of any segment
of the building.
(33) Building Official: The designated authority charged with the administration and enforcement of
the State Building Code.
(34) Building Permit: A permit required from the responsible governmental agency before any site
work, construction or alteration to structures can be started.
III
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter III
(35) Building Setback Line: A line within a lot parallel to a public right-of-way line, a side or rear lot 410
line,a bluff line or a high water mark or line,behind which buildings or structures must be
placed.
(36) Building Setback: The minimum horizontal distance between the building and the lot line.
(37) Business: Any occupation, employment or enterprise wherein merchandise is exhibited or sold,
or where services are offered for compensation.
(38) Car Wash: A building or area that provides hand or machine operated facilities for washing and
cleaning motor vehicles.
(39) Cellar: Any floor level below the first story in a building,except that a floor level in a building
having only one floor level shall be classified as a basement unless such floor level qualifies as a
40N, N
first story as defined in the Building Code.
(40) Cemetery: Land used or intended to be used fAthe burial of the dead and dedicated for cemetery
purposes and including, but not limited to,celinnbariums, mausoleums and chapels‘Atti%1 .0&
operated in conjunction with and within the boundaries ofsuen cemetery.
(41) Certificate of Occupancy: A certificate issued by the building official authorizing the use or
occupancy of a building or structure. N
(42) Club or Lodge: A non-profit associa lonof persons who are members paying annual dues, use of
premises being restricted to members and their gt,iqkshall 11serve permissible to food and
meals on such premises providing then' is adequate dining ronm for the purpose of serving food al
and meals and proa,tfurther that suchkserving of alcoholic beverages is in compliance with
the applicable federal, state and local laws.
,\7k
414.
(43) Cluster D-VelonNents: Se-,Ppen Space Conservation Subdivision.
q*,
(44) Colmewipm: A sf-i ;e, ' ,ej:QtIiirisnace in a building or structure containing niches for
Mternmenf4gemateek'repains in a place used,or intended to be used, and dedicated for
cemetery purposes.
v‘V''
(45) Commercial Food Producinu Farm Operations: See"Farm"definition.
41tt
-44,4
(46) Commercial Recreation: All uses such as tennis, racquet ball clubs,amusement centers, bowling
alleys. golf dri ing ranges,miniature golf, movie theaters that are privately owned and operated
with the intention of earning a profit by providing entertainment to the public.
(47) Common Open Space: L,and held in common ownership used for agriculture, natural habitat,
pedestrian corridors and/or recreational purposes which is protected from future development.
(48) Community Garden: Land which is cultivated by the residents of the development for the
production of trees, vegetables, fruits, flowers,herbs and grasses for the residents' use or to be
sold directly to consumers through membership in the garden.
1111/
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-12
(49) Community Residence: A facility licensed by the State of Minnesota that provides residential
and habilitative services to persons with disabilities. One density unit is attributed to this
residence when calculating density.
(50) Comprehensive Plan: The policies, statements, goals and interrelated plans for private and public
land and water use, transportation and community facilities, including recommendations for
planned execution, documented in texts,ordinance and maps which constitute the guide for the
future development of the City.
./„,
(51) Conditional Use: A specific type of structure or land use listed in the official control that may be
allowed but only after an in-depth review procedure and with appropriate conditions or
restrictions as provided in the Development Code,and upon 0.finding that certain conditions as
detailed in the zoning ordinance exist and that the structur&and/oriOquse conform to the
comprehensive land use plan and are compatible with.the4isting neighborhood. See Chapter
One, Section 8.
(52) Condominium: An estate in real property consisting of an undivided interest inOpinion with
other purchasers in a portion of a parcel of iiAt'. .-r43,,,erty, together with a separate interest in space
in a residential building.
(53) Conservation Easement: An interest in real property crated in a manner that imposes limitations
or affirmative obligations in regar110the use of propertyincluding the retention,protection and
maintenance of natural resources, open*ceandagriculture.
ill
(54) Conservation Use: Environmentally sensitive andvaluab e Ian.•:;-''protected from any activity that
,-0--.
would significantly atter their ecological integrity, balance917'character. Conservation uses
include lands containing wetlands.hydric Oils, woodlands, floodplain,native prairie, wildlife
corridors, shorellihds, steepOfopes and their accessory uses such as interpretive centers, trails and
managemst$:1i-ties. v: ,
(55) Contiguous: Parce of‘`', fan' that share a comrn—ti lot line or boundary. Parcels that are separated
by :ad,.right-of-why,*eme l-'',6 '''railroad right-of-way are considered contiguous for the
p 'sses ofxto,,Development Code.
(56
1,4' 'Vt.
i,Conveyance: Conveyances sit' have the meaning specified in Minnesota Statute 272.12.
(57) Cost cf Renovation,Rcpaii or Replacement The fair market value of the materials and services
4
nee to accompl'sb such renovation, repair or replacement.
(58) Crematoritirn:or Crematory: A place where bodies are consumed by incineration and the ashes of
the decease4liethected for permanent burial or storage in urns.
(59) Cultural Resource: The historic and archeological characteristics of the land, including buildings
and landscapes, which provide information regarding the history of the area and its people.
(60) Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light
source and a line perpendicular to the ground from the light source above which no light is
emitted.
40
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-13
(61) Cutoff: The point at which all light rays emitted by a lamp, light source or luminaire are
completely eliminated at a specific angle above the ground.
(62) Cutoff Type Luminaire: A luminaire with elements such as shields,reflectors, or refractor panels
which direct and cut off the light at a cutoff angle that is less than ninety(90)degrees.
(63) Decibel: The unit of sound measured on the"A" weighing scale of a sound level meter, set on
slow response, the weighing characteristics of which are specified in the a "Standards on Sound
Level Meters of the USA Standards Institute".
(64) Density: The number of dwelling units permitted per acre of land.
(65) Density Units: The number of individual dwelling units that can he located on a parcel of land as
established thorough the use of a yield plan. For the purTo'skof this Development Code, a multi-
family residential dwelling is considered as having a,..,ilnfiny density units as there are individual
dwelling units, regardless of whether those units ate attached or detached.',.
(66) Depth of Lot: The horizontal distance between the frontage'1.,ght-of-way line and rear lot line.
On a corner lot, the side with the largest frontaget"\iNia des '''1.11id the side with the lesser frontage
. -
is its width.
(67) Depth of Rear Yard: The horizontal distance between the II, building line and the rear lot line.
(68) Development Agreement: An agreement Nkfttillicowner of the i yo16 parcel as charged on the tax
lists of the County specifying the num\er of densityallocated amongst the parcels being
created,the zoning district the particularparcelt are located in.the fact that the use and
development andf001conveyance of t e,farcels is suip..,et to the regulations contained in the
'Vt"4'4
as,
Development Code.
(69) Development 40; The official controls ado f:ed'by the City of Scandia regulating the physical
development of la
(70) Disposal!,Area, 'Sewage Treatment: See Washington County Subsurface Sewage
Treatment Regulations.
'1,440
‘41:).rainageway: A channel that provides for the drainage of stormwater runoff from a watershed or
libWatershed area. 4,0w
.„,
(72) Dred process by which soils or other surface materials,normally transported by surface
water ei."W:§6n.into a body of water, are removed for the purpose of deepening the body of water.
(73) Drive-In: Any use where products and/or services are provided to the customer under conditions
where the customer does not have to leave the car or where service to the automobile occupants is
offered regardless of whether service is also provided within a building.
(74) Driveway Access Permit: A permit required from the responsible governmental agency that
allows access onto a public road. Such permit must be acquired prior to the issuance of a building
permit.
•
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-14
410 (75) Dwelling: A building or one(1)or more portions thereof occupied exclusively for human
habitation,but not including rooms in hotels, motels,nursing homes, boarding houses. (Also see
Dwelling Unit.)
(76) Dwelling, Duplex or Two Family: A residential building containing two(2) complete dwelling
units.
(77) Dwelling, Multiple Family: A residential building,or portion of a building, containing two(2) or
more dwelling units.
(78) Dwelling, Seasonal: A residential building not capable of year-round occupancy due to non-
winterized construction or inadequate non-confonning yearJound on-site sewage treatment
systems.
(79) Dwelling, Single: A residential building containing one(f)'detached duelling unit.
(80) Dwelling Unit: A residential accommodation including complete kitchen and bathroom facilities,
permanently installed, which is arranged,designed,used or intended for use exclSSively as living
quarters for one(1) family. '
(81) Engineer: The City Engineer.
1.*,‘
(82) Environmental Assessment Worksheet ot,Enronmental ImpactI,ment: That document that
might be required under Minnesota Statute-Ctapter116C and See Chapter One, Section 12.0.
4110 Atiq
(83) Equestrian Uses: Those uses commonly associated Withttraising, maintaining and training of
horses for ridingptiftkprbreeding.
(84) Essential Se Governmental Uses, Buildings and Storage: An area of land or structures
used for public'Oa:poses, storage or maintenanceand which is owned or leased by a
governmental uil*,„,
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(85) Essentialaces -UtilitySubstation: ''binility use whose function is to reduce the strength,
441t4amount, volume,i:or configuration of utility flow from a bulk wholesale quantity in large size,
long distance transmission line retail quantities in neighborhood distribution system.
.
These uses include electric substations,telephone switching and relay facilities,water and sewage
**14
pumps and lift stations. Business offices associated with these uses are not included as part of this
dAinfion.
(86) Exterior Storage: The storage of goods,materials, equipment,manufactured products and similar
items not fully enclosed by a building.
(87) Family: An individual, or two (2) or more persons each related by blood, marriage, adoption, or
foster care arrangement, living together as a single housekeeping unit, or a group of not more than
six (6)persons not related, maintaining a common household, exclusive of servants.
(88) Fann: Land whose use is primarily devoted to agricultural uses or the raising and/or breeding of
livestock.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-15
(89) Feedlot: A lot or building or combination of lots and buildings intended for the confined feeding,
ill
breeding, raising, or holding of animals and specifically designed as a confinement area in which
manure may accumulate, or where the concentration of animals is such that a vegetative cover
cannot be maintained within the enclosure. Open lots used for the feeding and rearing of poultry
(poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal
feedlots.
(90) Fence: A partition, structure, wall or gate erected as a dividing marker, visual or physical barrier,
or enclosure.
(91) Fill: Any act by which soil, earth, sand, gravel,rock or any similar material is deposited,placed,
pushed or transported and shall include the conditions resulting there from.
\
(92) Final Plat: A drawing or map of an approved subdivision, meeting all requirements of Chapter
Three, Subdivision Regulations and in such form a. ,T14nired‘by the community for purposes of
recording.
(93) Flag Lot: A lot with access provided to the hulk Or the lot b "means of a narrow corridor.
(94) Flashing Light: A light source that is not constant i intensity or color at all times while in use.
flow&
(95) Flood. A temporary increase in th ' or stage of a streamor in the stage of a wetland or lake
j-t14.
that results in the inundation of no -,cc-i\, ,Rieas.
(96) Flood Frequency. The frequency for v,i ieh ibis expected that a,specific flood stage or discharge ill
may be equaled or exceeded.
(97) Flood Fringe.,,,tlphipo44 ' fthe flood pl inof outside the floodway. Flood fringe is
synonymoiKyoth the teinr,,lflOodway ftingc1 used in the Flood Insurance Study for Washington
County.
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-,..,,,,* ,,j(98) Floodfflain,The bjd.';,••!per: '•, •,,,nt,"--,laoining a wetland, lake or watercourse which have
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beenor hereafter may covered by t e regional flood.
Flood Proofing. A conibinat ionit"$tructural provisions, changes,or adjustments to properties
ihd structures subject to flooding,primarily for the reduction or elimination of flood damages.
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(100)F1 en:kry. The bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining flood plain which are reasonably required to carry or store the regional flood
discharVg
(101)Floor Area: The gross area of the main floor of a residential building measured in square feet and
not an attached garage, breezeway or similar attachment.
(102)Floor Area,Gross: The sum or the gross area of the various floors of a building measured in
square feet. The basement floor area shall not be included unless such area constitutes a story.
(103)Floor Area Ratio: The numerical value obtained through dividing the gross floor area of a
building or buildings by the net area of the lot or parcel of land on which such building or
buildings are located. •
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-16
II (104)Floor Plan, General: A graphic representation of the anticipated use of the floor area within a
building or structure.
(105)Foot Print: The length and width of the building's foundation and the building's height.
(106)Foot-candle: A unit of illumination produced on a surface,all points of which are one foot from a
uniform point source of one candle.
(107)Frontage: That boundary of a lot that abuts a public street or private road.
(108)Funeral Home: A building or part thereof used for funeral services. Such buildings may contain
space and facilities for a) embalming and the performance of ether services used in preparation of
the dead for burial; b) the storage of caskets, urns, and other related funeral supplies;and c)the
storage of funeral vehicles. Where a funeral home is permitted, funeral
oermitted,a ner4ebapel shall also be
permitted.This defmition shall NOT include facilities for cremation.
(109)Garage, Private: A detached one-story accessory building, or portion of the principal building,
including a carport, which is used primarily for41-etoring o jrssenger vehicles,trailers or farm
trucks.
(110)Garage, Storage: Any premises, except those describe41a private or public garage used
exclusively for the storage of powViriven vehicles.
IP (111)Golf Course: An area of land laid outfirgaonit•:with a minimum series of nine(9)holes each including a tee, fairway, and putting green iibn:or more-inatural or artificial hazards.
(1 12)Goveming Body: 4.V'', 1Council.
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(1 13)Grade Plane ,-tvreference it mie representing the average of finished ground level adjoining a
building a e;Cek.Nalls.
(114)Grazable,gsffes: 01;2 iZZli
11-w- all non-woodland acreage currently providing enough pasture
or other agricultural cri ts capable of supporting summer grazing at the density required in the
d
orinance. '044 ko,
"fr114:,14zardous Materi -41,..4azardou material means a chemical or substance, or a mixture of
chemical s or substaneta, which:
4,
(A) is regulated y the federal Occupational Safety and Health Administration under Code of
Federal Regulations,title 29, part 1910, subpart Z; or
(B) is either toxic or high toxic,an irritant, corrosive, a strong oxidizer, a strong sensitizer,
combUstible, either flammable or extremely flammable, dangerously reactive,pyrophoric,
pressure-generating, a compressed gas, a carcinogen, a teratogen,a m tagen, a
reproductive toxic agent, or that otherwise,according to generally accepted documented
medical or scientific evidence, may cause substantial acute or chronic personal injury or
illness during or as a direct result of any customary or reasonably foreseeable accidental
or intentional exposure to the chemical or substance.
410
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-17
(1 16)Health/Recreation Facility: An indoor facility including uses such as game courts, exercise areas
and equipment, locker rooms,Jacuzzi, and/or sauna and pro shop.
(117)High Power Transmission Line: A 69 KV or greater electric transmission line with towers a
minimum of 75 feet in height.
(118)Historic Building and Structure: A structure which has been identified by the Washington County
History Network Inventory or the State Historic Preservation Office and other undesignated
structures such as residences and barns having public value due to its notable architectural or
historic features relating to the cultural heritage of the community. ,
(119)Home Occupation: any gainful occupation or profession clearly secondary to the main use of the
dwelling as a residence, which is conducted entirely within the dwelling, and meets the
requirements of this code.
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(120)Homeowners Association: A formally constituted non-profit association or corporation made up
of the property owners and/or residents of the development for the purpose of owning,operating
and maintaining the common open space anftraties.
(121)Homesteaded Dwelling: A dwelling that is occupied sed for the purposes of a homestead by
NW,
its owner pursuant to Minnesota Statutes § 273.124.
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(122)Horse Show: An event where horses'not hoarded on the subf-At property are shown to the
general public and guests. \i„ t4t4.1titi'
(123)Horse Training Facility, Commercial: Anaceessory building n which horses not owned by the 1110
property owner ard*en Zfor commercial use including boarding,breeding, hire, sale, show, and
training.
(124)Horse Training ity, Private: An aecessory,Oilding incidental to the existing residential,
principal use in d ihor4Owned by the property owner are kept for private use and training.
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(125)HOtert A building havingprovision for nine(9)or more guests in which lodging is provided with
or without meals,lt for con, guests nsation and which is open to transient or permanent or both,
4iiik4% Viti5t
Att. and where no provton is made'for Cooking in any guest room, and which ingress and egress to
Nti,A • •and from all rooms is made thriug an inside lobby or office supervised by a person in charge.
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(126)Impervious Surface :‘constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate
of flow than prior to development. Examples include rooftops, sidewalks,patios,driveways,
parking lots storage areas,and concrete, asphalt,or gravel roads.
(127)Individual Parcel: A parcel as a whole as charged on the tax lists, or two or more contiguous
parcels under common ownership on the effective date of this Development Code.
(128)Inoperative: Incapable of movement under its own power.
(129)Interim Use: See Chapter One, Section 9.
•
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-18
ill (130)Kennel, Commercial: Any place where four(4)or more of any type of domestic pets, over six (6)
months of age, are boarded,bred,trained or offered for sale.
(131)Kennel, Private: Any place where four(4) or more of any type of domestic pets,over six (6)
months of age, are owned by any member of the household. Private kennels are accessory to the
principal use of the property.
(132)Land Alteration: The reclaiming of land by depositing or moving material so as to alter the grade
or topography.
(133)Land Clearing: The removal of a contiguous group of trees and other woody plants in an area of
20,000 square feet or more within any twelve(12)month period. ,
(134)Landscaping: Planting trees, shrubs and turf covers suelli grasses and shrubs.
(135)Light Fixture,Outdoor: Outdoor electrically powered illuminating devices, outdoor lighting or
reflective surfaces, lamps and similar devices(Ormanently.'ustalled or portable, used for
illumination or advertisement. The fixture includes the hard 4e that houses the illumination
source and to which the illumination source is attaeliOinc, '; gbut not limited to, the hardware
casing. Such devices shall include,but are not limited :41 'arch, spot and flood lights for a)
buildings and structures,b)recreational areas,c) parkin.t[e t,,,lighting, d) landscape lighting, e)
billboards and other signs, f) streafig lighting g) product di '.04,..iI. ea lighting, and h)building
overhangs and open canopies.
'411 4?
ill
(136)Light Manufacturing: A use engaged in the manufacture., .4.,eredck 4 nantly from previously
prepared materials, of finished products or px-CS, Met ili::Cessing, fabrication, assembly,
treatment,packaging, incidental storage.'S ales. and distrOfion of such products. Such uses
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include,but are not limit-!,'...;,,,the following lumber yard,machine shops,products assembly,
sheet metalshoes.plastics,Obetronics, motor vehicle repair,body work and painting, contractor
shops and stor Ltz,,,',',ards, fob 4 and nonalcoholic beverages, signs and displays,printing,clothing,
textiles and used . to paitit-T;,
4 ,
(137)/ t Light otti. . ,A single . ,Lcial point source of luminescence that emits measurable radiant
I 444
energy in or hearihe viisbi
spectrum.
(1 8Lighting, Outdoor:'AO light source or collection of light sources, located outside a building,
including but not limited to, light sources attached to any part of a structure, located on the
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sur ga,of the ground or located on free standing poles.
'11$64
(139)Livestoc ',,; Domestic faun animals including,but not limited to, cattle, hogs, horses, bees, sheep,
goats, chicke,:s and other animals commonly kept for commercial food and fiber production
purposes.
(140)Livestock Operations: A lot or structure or combination of lots and structures intended for the
breeding, raising or holding of eleven (11) or more animal units.
(141)Loading Space: A space, accessible from a street, alley or way, in or outside of a building, for the
use of trucks while loading and unloading merchandise or materials.
ill
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-19
(142)Lodging Room: A room rented as sleeping and living quarters, but without cooking facilities. In 40
a suite of rooms without cooking facilities, each room that provides sleeping accommodations
shall be counted as one(1) lodging room.
(143)Lot: A parcel of land designated by metes and bounds,registered land survey, plat or other
means, and which description is either recorded in the Office of the Washington County Recorder
or Registrar of Titles or used by the County Treasurer or County Assessor to separate such parcel
from other lands for tax purposes.
(144)Lot Area: The area of a horizontal plane within the lot lines.
(145)Lot Area, Minimum per Dwelling Unit: The minimum number of square feet or acres of lot area
required per dwelling unit.
(146)Lot Averaging: Allows the property owner to crea50leels smaller Van those of a conventional
subdivision plan provided the density of the dev:lil iment does not exceed the maximum density
permitted for the zoning district and the denW at can be achieved with a yield plan.
(147)Lot,Buildable: A lot that meets or exceeds all re40 ent,4the City of Scandia Development
Code without the necessity of variances
Alt
(148)Lot, Corner: A lot situated at the Junefignof and abutting 40.0 or more intersecting streets; or
a lot at the point of a deflection in alignment.‘of a single stree.‘Ae„lnlerior angle of which does
not exceed one hundred thirty-five(1 S5)degrees.
(149)Lot Coverage: That portion of a lot contkipingan artificialor natural surface through which
water, air or roots04penetrate. This definition inch' dt,but is not limited to, driveways,
structures,patieft and decks.
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(150)Lot Depth: The mean horizontal distance bet polthe front and rear lines of a lot.
(151)Lot Interior; A lot otherthan a'Po erjptijtteluding through lots.
(152)1 ot Line: A'lot J line is the property line bounding a lot, except that where any portion of a lot
extends into a p4I14j-ight-oNay4a a proposed public right-of-way,the line of such public right-
of-way shall be the lot line.
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(153)LoistiM ne Front: Thatboundary of a lot that abuts a public street or a private road. In the case of a
NO
corner lot,it shall be the shortest dimension of a public street. If the dimensions of a corner lot are
equal, the front lot line shall be designated by the owner. In the case of a corner lot in a non-
residential area,the lot shall be deemed to have frontage on both streets.
(154)Lot Line, Rear: That boundary of a lot that is opposite to the front lot line. If the rear lot line is
less than ten(10) feet in length, or if the lot forms a point at the rear,the rear lot line shall be a
line ten(10) feet in length within the lot, parallel to,and at the maximum distance from the front
lot line.
(155)Lot Line, Side: Any boundary of a lot that is not a front lot line or a rear lot line.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-20
(156)Lot,Through: Any lot other than a corner lot that abuts more than one(1) street. On a through
lot,all property lines abutting the road right-of-way shall be considered the front lines.
(157)Lot Width: The horizontal distance between the side lot lines of a lot measured at the setback
line.
(158)Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical,
electrical and decorative parts.
(159)Major Highway: Those highways and/or roadways which are classified as Minor Arterials and
County Collectors in the Thoroughfare Plan of the City Comprehensive Plan.
"\
(160)Manufactured Home: A structure,transportable in one or more sections, which in the traveling
mode is eight body feet or more in width or 40 body feet or inor,when erected on
length.
site, is 320 or more square feet, and which is built onh permanent chassis,hnd designed to be used
as a dwelling with or without a permanent foundation when connected to the required utilities,
and includes the plumbing,heating, air conditioning, and electrical systems contained therein;
except that the term includes any structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification reqt4e'd by the Secretary of Housing and
Urban Development and complies with the standardsestablished under Minnesota Statutes,
chapter 327
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(161)Manure: Any solid or liquid containing animal excreta.
(162)Mausoleum: A structure for the entombment of the044 in crypts or vaults in a placed used, or
intended to be used, for cemetery purposes. „,s 4.46t6.74
(163)Medical Uses: Those u d.L9ncerned with the diagnosis,treatment and care of human beings.
These include hospitals, dental services, medical services or clinics, nursing or convalescent
**v
home, orpg'a'n7 home
Me, rest and sanitari ice
(164)MiningsvexcayatiOt-emo-Wstor(ggipr processing of sand,gravel,rock, soil, clay, or other
deposits. this Development Code,mining shall not include the excavation,
removal, or'Itqheof rock, sand. dirt, gravel, clay, or other material for the following purposes:
‘C.
4k,(A) Excavation(.pIthe foundation cellar, or basement of some pending structure for which a
permit has been issued and which is to be erected immediately following the excavation,
vk removal or storage.
(B) On-Site construction of approved roads, sewer lines, storm sewers, water mains, surface
water drainage approved by the local unit of government,agriculture or conservation
purposes, sod removal, or other public utilities.
(C) Landscaping purposes on a lot used or to be used as a building site.
(D) Grading/excavation of less than one acre of land in conjunction with improvement of a
site for lot development, providing activities will be completed in one year.
4111 (E) The removal of excess materials in accordance with approved plats or highway
construction.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-2 1
(165)Motor Freight Terminal: A building or area in which freight brought by motor truck is10
transferred and/or stored for movement by motor truck.
(166)Motor Vehicle Repair, Major: General repair,rebuilding or reconditioning of engines, motor
vehicles or trailers; collision service including body, frame or fender straightening or repair;
overall painting and upholstering; vehicle steam cleaning.
(167)Motor Vehicle Repair, Minor: Repairs, incidental body and fender work,replacement of parts
and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross
weight,but not to include any operation specified under"Motor Vehicle Repair,Major".
(168)Motor Vehicle Service Station: A place for the dispensing,sale or offering for sale of motor fuel
directly to users of motor vehicles,together with the sale of minor°accessories and the servicing
of, and minor repair of,motor vehicles.
(169)Motorized Track Inspection Vehicle: A wheeled vehicle used for track maintenance that is
powered by a motor sized to propel the vehiclonly and which is not designed to pullother
rolling stock. 4 R "
(170)Moving Permit: A permit required from the responsiblegovernmental agency prior to the
moving of any partially or whollyrerected structure frAiifite,,location to another.
(171)Municipality: A city or township,h r organized.
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(172)Natural Drainageway: A depression m he cart ` face, such �ravines, draws and hollows, •
that has definable beds and banks capableeor , nducttn 's'tce water runoff from adjacent lands.
(173)Natural ResourrnThephysical values of ,e land supplied by nature including,but not limited
to,animal li� t �fe$lant life, s rock,minerals�`nd water.
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(174)Neighborhood '' ' ca c in .4 contiguo,,` group of residential lots distinguishable by some
identifiable,feature � int o �� �e people live in close proximity to one another.
(175)Noise, Ambien tiThe all- passing noise associated with a given environment,being either a
composite of soaii4 transmit by any means from many sources near and far or a single
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predominate source.
(176)No vial Parcel: A parcel not reduced by more than ten percent(10%)of its lot area due to road
right-�f
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way dedication.
(177)Nonconfornng Lot: A separate parcel or lot of record on the effective date of this Development
Code,or any amendments thereto, which lot or parcel does not conform to the regulations,
including dimensional standards, contained in this Development Code or amendments thereto.
(178)Nonconforming Use: Any legal or lawful use of land or any legal or lawful use of a structure
existing on the effective date of this Development Code, or any amendments thereto, which does
not conform to the regulations for the district in which it is located after the effective date of this
Development Code or such amendment.
I
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-22
(179)Noxious Matter: Material which is capable of causing injury or is in any way harmful t:o living
organisms or is capable of causing detrimental effect upon the physical or mental health of human
beings.
(180)Nursery, Day: A use where care is provided for three(3)or more children under kindergarten age
for periods of four(4)hours or more per day for pay.
(181)Nursing Home: A building with facilities for the care of children,the aged, infirm,or place of
rest for those suffering bodily disorder.
(182)Office: Those commercial activities that take place in office buildings, where goods are not
produced, sold or repaired. Such activities include,but are not limited to banks,professional
offices, governmental offices, insurance offices,real estate offices,telephone exchanges,utility
offices, radio broadcasting and similar uses.
(183)Official Control: Legislatively defined and enacted policies, standards,precise detailed maps,
s p ,
and other criteria, all of which control the physical development of the city, o icy part thereof, or
any detail thereof, and the means of translating-into ordinances all or any part oft ie'general
� E ,
objectives of the comprehensive plan. Such officialntrolei ,nclude,but arc not limited to
ordinances establishing zoning, subdivision controls,stfi ,lan regulations, sanitary codes,
building codes,housing codes and official maps and have een adopted by City of Scandia as the
Development Code. tvial
{�
(184)Official Map: A map adopted in accordance, th the provision of Minnesota State Statutes,
394.361. � .
(185)Open Sales Lot: 41 devoted to the d1s lay of goods )t:`sale,rent, lease or trade where such
goods are not n losed hin a building.
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(186)Open Spa e: used for .griculture,natura i abitat pedestrian corridors and/or recreational
purposes that is undivided anttmpermanently pr ected from future development.
(187)Open Space nservati Subdivision: A grouping of residential structures on smaller lots than
allowed in th 's e tfic zo it g district leaving some land dedicated as open space. Major
$ subdivisions where onus loi are allowed providing for the maximum possible protection of
agricultural lands, cologically'significant areas, natural landscapes, scenic attributes, open space,
and cultural features.
Via.
(188)Open Space Develop ent: See Open Space Conservation Subdivision.
(189)Open Storage Storage of'any material outside of a building.
(190)Ordinance: The City of Scandia Development Code.
(191)Overlay District: A zoning district shown as an overlay on the zoning map.
(192)Owner: Includes all persons interested in a property as fee simple owner, life estate holder,
encumbrancer.
4111/
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-23
(193)Park and Recreation Committee: An appointed advisory board of the City used to address
•
matters relating to parks, recreation facilities and programs within the City. This Committee also
makes recommendations for dedication of land or fees for subdivisions within the City.
(194)Parking Space: A suitably surfaced and permanently maintained area on privately owned
property either within or outside of a building of sufficient size to store one(1) standard
automobile.
(195)Pasture: Areas where grass or other plants are grown for grazing and where the concentration of
animals is managed so that a vegetation cover is maintained duringlhe growing season.
.<•.:, ,,
(196)Pedestrian Way: A public or private right-of-way across or within a block or tract,to be used by
pedestrians,
(197)Perfoimance Standards: The minimum development standards as adopted hy\the governing body
and included in this Code and file in the office()file zoning administrator,'
A ,,
(198)Perimeter Road: A road lying outside of and abutting the development parcel.
Nit*, AK,i,4
(199)Person: Any person, corporation or association, including:governmental agencies and political
entities.
%
(200)Place of Worship: A building,togeiWer\vith its accessory buildings and uses, where persons
regularly assemble for religious worlip kand 4ich building, together with its accessory buildings
and uses is maintained and controlled by a religious body organized to sustain public worship.
\•:,, ,st."'—‘,11 --,-.' •
, „,,t'
(201)Planned Unit Dev49 ,11:1FN: All developments having V 9 or more principal uses on a single
parcel of land. and mayinclude townhom4;-multi-use structures, recreational uses, mixed
:1,1441
residential and,,commercial type:type developments,commercial type developments and industrial
type developinct See Chapter Two, Sectio V,'
,,,
(202)Plannin ,
Cdmmissis it e Intl', ppdnted:,Planning and zoning commission of the City.
(203)'Plant Community:,.A.grouping of plants with common environmental requirements living in a
common geographic area. Lavittyfids, grasslands,boreal forests.
(204)fUnt Nursery: A building or premises used for the retail sale of trees, shrubs, flowers or other
plants.
The use may include the sale of accessory products, including products that are used in
,,.. ,,,,,
the culture, display and decoration of lawns, garden, farms and indoor plants; but does not include
the sale of power t7i1S, tractors and other vehicles,decorative rock, stone, gravel, retaining walls
and similar materials, except as an incidental use. (Definition developed for another community
and submitted/6r discussion--key issue is not allowing nursery business to become primarily a
rock and stone wholesaler/retailer, which has been a significant problem in a number of local
communities).
(205)Platted Land: Lands with legal descriptions described as lot, block,plat name.
(206)Prime Farmland: Land that has the best combination of physical and chemical characteristics for
producing food, feed, forage, fiber and oilseed crops. It has the soil quality, growing season, and 0
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-24
moisture supply needed to economically produce sustained high yields of crops when treated and
managed, including water management, according to acceptable farming methods.
(207)Principal Structure or Use: All uses or structures that are not accessory uses or structure.
(208)Private Recreational Area: A recreation use particularly oriented to utilizing the outdoor
character of an area including hiking and riding trails, interpretative areas and other passive forms
of recreation and not open to the general public.
(209)Protective or Restrictive Covenant: A contract entered into between private a party that
constitutes a restriction of the use of a particular parcel of property.
(210)Public Land: Land owned and/or operated by a governmental unit, including school districts.
(211)Public Recreation Facility: An outdoor recreat
ion y4,.owned or operated by a
faitgovernmental
or non-profit organization in which athletic activities are permitted to be played by the general
public. Examples of such a facility would be a:;.pfiball complex, soccer fields. etc.
(212)Public Waters: Any water as defined in MinnesdItelute ,Section 103.G.005 (15.)
(213)Quarter-Quarter Section: A tract itfland legally describedas a full quarter-quarter section or a 40-
acre parcel not reduced by more than 10%due to road n dedication.
(214)Recreation Equipment: Play apparat --'Si '$;, gvseets and sandboxes,poles for nets,
1111/ unoccupied boats and trailers not exceeding 25) feetin length, picnic tables, lawn
chairs,barbecue stands and similar equipment or structures, not including tree houses,
swimming pools, houses exceeding'l (25)square feet in floor area, or sheds
utilized for storage of e *pment.
4.6
(215)Recreation Use,‘Active: A 7;fises, such as te i ...-facquetball clubs,amusement centers,bowling
alleys,golf driving,on es miniature golf, movie theaters, and similar activities that are used as a
commercialenterprise.o`A\
(21 ô ecreation Use,0assive: --,ieereation use particularly oriented to utilizing the outdoor character
of an area for paii4fomisVepe-fition such as employee recreation areas, nature centers,
conservancy, and ore t.ive centers.
<fr
(217)Re ilfion Vehicle: Recreational Vehicle. A vehicle that is built on a single chassis, is 400
square 6p4 or less when measured at the largest horizontal projection, is designed to be self-
propelledor permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal
use. For the purposes of this Chapter, the term recreational vehicle shall be synonymous with the
term travel trailer/travel vehicle.
(218)Recyclable Materials: Materials that are separated from mixed municipal solid waste for the
purpose of recycling. For the purpose of this Development Code, these materials are limited to
paper, glass,plastics and metals. Refuse derived fuel (RDF) is not a recyclable material under the
provisions of this Development Code.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-25
(219)Recycling: The process of collecting and preparing recyclable materials and reusing the materials al
in their original form or using them in manufacturing processes that do not cause the destruction
of recyclable materials in a manner that precludes further use.
(220)Recycling Center: A facility where recyclable materials are collected, stored, flattened,crushed,
or bundled prior to shipment to others who will use those materials to manufacture new products.
(221)Refuse: Putrescible and nonputrescible solid wastes, including garbage, rubbish,ashes,
incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes, and
including municipal treatment wastes which do not contain free moisture.
(222)Regional Flood. A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be\expected to occur on an
average frequency in the magnitude of the 100-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in a ft! insurance study.,,,
(223)Research: Medical,chemical, electrical,metWeEtical or other scientific research and quality
control,conducted in accordance with the p tfti, of this Development Code.'S
\`‘
(224)Resort: Any structure or group of structures contai more than two (2) dwelling units or
separate living quarters designed or intended to serve a easonal or temporary dwellings on a
rental or lease basis for profit witlikk,:mary purpose of said*ructure or structures being
recreational in nature. Uses may incl.0*grocery for guestSkIkoysfish cleaning house,marine
service,boat landing and rental,recreational are. equipme4,similar uses normally
associated with a resort operation. ',N4
•
'41t4V
(225)Resource Invent90Asury of the lancIN eatures including its natural resources,cultural
resources, scenic iews kaviewsheds,and physical characteristics.
(226)Restauran : A business establishment whose'principal business is the preparing and selling of
unpackaged food to',tthe customer in a ready-to,cOnsume state.
A.. V
(227)RetailBi*egk Storesand shops sellin 'personal services or goods over a counter.
'40*'
(228)goad,Private: Vroad that iSOW-ned'and maintained by a private landowner, group of
lan„4. d \ttAAV. .
owners,or association.
(229)Road Public: A road owned and maintained by a government jurisdiction.
(230)Roadsid&S\\,ales Stand: A structure used only for the display and sale of products with no space
for customers within the structure, on a seasonal basis.
(231)Scenic Resources: That part of the landscape that provides a picturesque view and may contain
outstanding recreational, natural, historic, scientific and manmade values.
(232)School: A facility that provides a curriculum of pre-school, elementary, secondary, post-
secondary and other instruction including,but not limited to,child day care centers,
kindergartens, elementary,junior high, high schools and technical or college instruction.
•
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-26
(233)Screening: Screening includes 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 an object throughout the year.
(234)Security Lighting: Outdoor lighting fixtures installed exclusively as a measure to reduce the
possible occurrence of a crime on the property.
(235)Self-Service Storage: A structure or structures containing separate storage spaces of varying
sizes that are leased or rented individually.
(236)Septic Permit: A permit required from the responsible governmental agency for the installation
of any new or replacement on-site sewage disposal system.
, .
(237)Setback: The minimum horizontal distance between astrUcture and street right-of-way, lot line
or other reference point as provided by Ordinance. Distances are to be measured perpendicularly
from the property line to the portion of the structure closest to the propertyline.
(238)Shielding: A technique or method of construction ipermanently covering the top and sides of a
N6g4,
light source by a material which restricts the light emitted to projected belownn imaginary
horizontal plane passing through the light fixture.
(239)Shopping Center: Any grouping of:iwo(2)or more principal retail uses whether on a single lot or
****,
on abutting lots under multiple or single ownership.
'4:21Ve
tiA4'W
(240)Sign: A display, illustration, structure or devic'An:atdirects attention to an object,product,place,
-v4e0t,o,,
activity,person, institution,organizatioriior business.
(241)Sign, Advertis'nePsl'*at directs atten ion to a business or profession or to a commodity,
WA,
service or entertainment not sold or offered upon the premises where such sign is located or to
"
which it is attached.
Y*Y.
(242)Signt"„T\he entire area withinA4ntiobts perimeter enclosing the extreme limits of such
sign Stieft*imeter shall not include any structural elements lying outside of such sign and not
....4Orming an integral part or bonier of the sign.
243)gign, Business: A sign that directs attention to a business or profession or to the commodity,
tyy-
ervice, or entertainment sold or offered upon the premises where such sign is located or to which
it is attached. -‘
(244)Sign, Development Identification: A sign that identifies the name of a residential, commercial or
industrial development at a street entrance to the development.
(245)Sign, Flashing: An illuminated sign which has a light source not constant in intensity or color at
all times while such sign is in use or a sign containing an electric reading board.
(246)Sign, Identification: A sign that identifies the inhabitant of the dwelling.
(247)Sign, Monument: A sign with a base attached to the ground that is at least 60%of the width of
1111 the sign.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-27
(248)Sign, Motion: A sign that has revolving parts or signs that produce moving effects through the
1111
use of illumination.
(249)Sign, Nameplate: A sign that states the name and/or address of the business, industry or occupant
of the site and is attached to said building or site.
(250)Sign,Pedestal: A ground sign usually erected on one(1) central shaft or post that is solidly
affixed to the ground.
(251)Sign, Real Estate: A sign offering property(land and/or buildings)for sale, lease or rent.
..<
(252)Sign,Roof: A sign erected upon or above a roof or parapet of a structure.
(253)Sign, Shopping Center or Industrial Park: A business signdesignatinga group of shops or
offices.
(254)Sign, Wall: A sign attached to or erected against the wall of a structure with the exposed face of
the sign a plane parallel to the plane of said wall.
4v,t
(255)Special Events: An outdoor gathering of at least 10 e 1 inrdIViduals whether on public or private
property, assembled with a common purpose for a per‘tiok*ene hour or longer but may not
exceed twelve hours in duration; e tep,t,,that events held during the two-day Taco Daze
community celebration shall be con idered one event. Specilf,epts,include,but are not limited
to concerts,theatrical productions,p '\he dances, fairs,carnivals,eircuses,parades, flea markets,
auctions,marathons, walkathons, festivals, race st; .1 c\feeventst Celebrations, or any other
40
gathering or events of similar nature. Srleeial Events do14Ifielude events that are not open to the
public and held on private property such Si, 'aduation parties or social parties.
(256)Spillage, Li h,t,ekny reflection, glare or oth,,
''-tsrtificial light emission onto any adjoining
property or right-of-way above a defined maximum illumination.
(257)Stegk%.,,,1744,t,,portion of'‘buildingincluded,:' ispitween the upper surface of any floor and the upper
.e'
surface of - floor next above.
' tie except 4story the topmost shall be that portion of a building
included between the u
41,.,-• ,wekoitt. `k 'z* 'pp, surface of the topmost floor and the ceiling or roof above, not
44,AV, ,,
including a basement or a storyt\,..hqvabove grade plane.
et,t‘etN,,,
et 'tttyt.tie X* 4r'
Iv Plane. Any(258)Story Above Grade Ant, Any story having its finished floor surface entirely above grade plane,
exeep;t'abasement, which shall be considered as a story above grade where the finished surface of
the floor above the basement is:
<11
(A) more than 6 feet(1,829 mm) above grade plane;
N '
(B) more than 6 feet (1,829 mm) above the finished ground level for more than 50 percent of
the total building perimeter; or
(C) more than 12 feet 3,658 mm) above the finished ground level at any point.
(259)Street: A public right-of-way that affords a primary means of access to abutting property.
ill
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-28
410 (260)Street,Collector: A street that serves or is designed to serve as a traffic way for a neighborhood
or as a feeder to a major road.
(261)Street, Intermediate or Minor Arterial: A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between communities and/or other
heavy traffic generating areas.
(262)Street, Local: A street intended to serve primarily as an access to abutting properties.
(263)Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic.
(264)Street Width: The width of the right-of-way measured at right angles to the centerline of the
street.
',....
(265)Structural Alteration: Any change, other than incideglrepairs,whichn 4\mild affect the
supporting members of a building, such as bearing walls, beams girders or foundations.
(266)Structure: Anything constructed or erected on itie;ground or attached to the ground or on-site
utilities, including,but not limited to,buildings,h'qkries„sfteds,,detached garages, cabins,
recreational vehicles not meeting the exemption criteriarpeeified in Section 9.1 (1) of Chapter
Six,and other similar items. Used interchangeably witli4"building" for purposes of this
Development Code.
t,M2Okba lit,,, i
vtur
(267)Structure,Nonconforming: Any struelure'l<wpftyor legally existing on the effective date of this
1110 Development Code, or any amendmentkpereto;,t,ffie ;does not eonfoi ni to the regulations,
including the dimensional standards, foqlte4eriet in‘'W,Chit is located after the effective date
of this Development edde or arnendmentlftereto. .‘
(268)Subdivisioir'', - e,process of dividing land in Ottwo or more parcels for the purpose of transfer of
ownership,bui 4., n; develo,inent or tax asses Tent purposes by platting,replatting, registered
land survey, con-4%cc sale, contract for sale or other means by which a beneficial interest in
land is transferred.
(26A9)Subdivision, Major: All su4iNsiors not classified as minor subdivisions including,but not
limited to, subdivisions of four'(:4)or more lots, or any size subdivision requiring any new street
on extension of an existing street.
(270)Subdivision, Minor: 'Ati.y subdivision containing three(3)or less lots fronting on an existing
streeV, not involving any new street or road,or the extension of municipal facilities, or the
creation of public improvements, and not adversely affecting the remainder of the parcel or
adjoining property, and not in conflict with any provisions or portion of the Comprehensive Plan,
Official Map.Zoning Regulations or these regulations.
(271)Temporary Dwelling,Care Facility: A manufactured home which temporarily serves as a
residence for an infirm relative of the occupants residing in the primary single family residence
on the property where such relative requires care by the family.
(272)Temporary Dwelling, During Construction: A mobile home that temporarily serves as a
4111/ residence for the present or potential occupant that the primary single-family residence is being
constructed, reconstructed or altered.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-29
(273)Temporary Dwelling, Farm: A mobile home located in an agricultural district which is an
accessory dwelling unit occupied by members of the family engaged in fanning on the premises
and meeting other criteria specified in the Development Code.
(274)Tower: Any pole, spire, structure, or combination thereof, including supporting lines,cables,
wires,braces,and masts, intended primarily for the purpose of mounting an antenna, or to serve
as an antenna.
(275)Tower Accessory Structure: A structure located at the base of the tower housing base
receiving/transmitting equipment.
(276)Transportation/Motor Freight Terminal: A building or area in which freight brought by truck is
assembled and/or stored for routing or reshipment,or in which semi4ratlers, including tractor or
trailer units and other trucks are parked or stored.
(277)Transportation Terminal: Truck,taxi, air,bus,train and mass transit term' al:and storage area,
including motor freight(solid and liquid)terminal.
\„‘
(278)Travel Trailer/RV Campground: An area or prem,,ppep ea as commercial enterprise on a
seasonal basis and generally providing space for seasonal CcommodatiOns for transient
occupancy or use by transients occupying camping trailers, self-propelled campers and tents.
(279)Truck Stop: A motor fuel station d Votectprincipally to the needs9f,tractor-trailer units and
trucks, and which may include eatings:andtot'sleeping facilities.
40(280)Use: The function for which property tanbe used.
Affierniakk, 1!?
e
(281)Use, Accessory: A use subordinate to and trying the principal use or structure on the same lot
and customaffi*incidental cf such principal use.
000-4 ,
(282)Use,Open Space. The use,,pf land without a sjticture or including a structure incidental to the
°P;a1A.M137*
(283)Variance: A modification of a permitted development standard required in an official
control to allowPalialterna06.4140e16pment standard not stated as acceptable in the official
control, but only as applied to a, articular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance. See Chapter One, Section 6.
(284)Vegetation,Natural: Plant life which is native to the location and which would normally grow if
the groundWere lefVMidisturbed.
(285)Veterinary: Those uses concerned with the diagnosis, treatment and medical care of animals,
including animal or pet hospitals.
(286)Warehousing: The storage,packing and crating of materials or equipment within an enclosed
building or structure.
(287)Warehousing and Distribution: A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment,but excluding bulk storage of materials that are 40
flammable or explosive or that create hazardous or commonly recognized offensive conditions.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-30
(288)Waterfront Uses, Residential: Boat docks and storage, fish house, fish cleaning, water recreation
equipment and other uses normally incidental to a lakeshore residence,provided such uses are for
the exclusive use of the occupants and nonpaying guests.
(289)Watershed District or Water Management Organization: An entity established under Minnesota
Statutes, Chapter 103D within a specific drainage area and having the purposes described in
Minnesota Statutes 103D.201.
(290)Wetland: As defined in Minnesota Rules 7050.0130, subpart F,those areas that are inundated or frequency
saturated by surface water or ground water at a and durationsuffic
ient to support, and
that under normal circumstances do support,a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps,marshes, bogs,and similar
areas. Constructed wetlands designed for wastewater treatment are not waters of the state.
Wetlands must have the following attributes: a. a predominance of FiOric soils; b. inundated or
saturated by surface water or ground water at a fre9UWey,,utiNd duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted for life
e in a saturated soil condition; and c.
under normal circumstances support a prevalea*of such vegetation.
(291)Wholesaling: The selling of goods, equipment an.1,tateria,'-kbulk to another Person who in
turn sells the same to customers.
„ „.
(292)Yard: The open space on an occ404yitthat is not cover-kor, ty structure.''
Iti, ot
(293)Yard,Front: A yard extending portionacross;; ef the lot fact 10 street between the inner side
4111, yard lines and lying between the front ITe of the' 4411the nearest building line,except for
buildings on Recreational or Natural I.nvironmcnt 1U14,, i''Y.A.here the front yard faces the water.
(294)Yard,Rear: A,yard extending across the rearof the lot between the inner side yard lines and
lying 40 betweenrear line
the
s'Otthe lot and the'nearest building line.
38,,
'tot ve
ak,„ . ,
(295)Yard, Required: '\:yard area i1t...atk may not be built on or covered by structures because of the
dimensionalsetback forSaid structures,Athin the zoning district.
ll'ktV,z,
(296ard, SideA'yard between14'he side line of the lot and the nearest building line.
(297Yard Waste Faciht 4*ny site used for the composting of garden waste, leaves, lawn cuttings,
'weeds, shrub and tree waste arid prunings generated off site. Yard wastes generated on site and
used on the same site are not included in this definition.
(298)Yield Plan:4,at/st,subdi *sion plan drawn to scale, containing sufficient information showing the
maximum number of lots that could be permitted using the performance standards for lots in a
conventional subdivision in accordance with the City of Scandia Development Code.
/
(299)Zoning District: An area or areas within the City in which the regulations and requirements of
this Development Code are applied.
111/
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-3 I
SECTION 5.0 AMENDMENTS (TEXT AND MAP) I
5.1 Procedures. Pursuant to Minnesota Statutes 15.99, an application for an amendment shall be approved
or denied within sixty(60)days from the date of its official and complete submission unless extended
pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99,
the City staff is hereby authorized to extend the sixty-(60) day time limit by a time period not to
exceed sixty(60) additional days,provided written notice of such extension is provided to the applicant
before the end of the initial sixty-(60)day period. Extensions may also be requested by the applicant.
Additional City requirements are as follows:
(1) Requests for zoning(text or map)amendments shall be filed with the Zoning Administrator on an
official application form. The applicant's signature shall he provided on the application form.
Additionally, if the applicant is not the fee owner of the p(Operty,Ac lee owner's signature shall
also be provided on the application form,or the applicant shall provide separate written and
signed authorization for the application from the feefi'Wner.Such application shall be
accompanied by 1) a fee as set forth in City Ordinance.2) detailed written and graphic materials,
the number and size as prescribed by the Zoning.,1-, dministratter, fully explainingIhe proposed
change,development, or use, and 3) one copy of a list ot property owners located Within one
thousand three hundred and twenty(1,320) feet of the:subjeet property in a format prescribed by
the Zoning Administrator. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified information requirements.
(2) Upon receipt of a complete applicat ;',.*?etermined by staff tte,and following preliminary
staff analysis of the application and r:pes e Zoning Administrator, when appropriate, shall set
a public hearing following proper heart notifitc Planning Commission shall conduct
the hearing, and report its findings and Ike recommendanons to the City Council.
(3) Notice of said hearing shall consist of a leg 1,,property description and a description of the request
. 11. 1 d • theff •and shall bepu le inofficial newspaper at least ten(10)days prior to the hearing and
written notificl wi‘,3if said hearing shall be mailed at least ten(10) days prior to all owners of
land one thousand three tnleltu twenty 1;320) feet of the boundary of the property in
questi,Eallure ofTPLOperty ownerto receive said notice(s) shall not invalidate any such
proceedings as
set forth4ilhin this Chapter.
(4
, t-
,) The Zoning Administrator shailltsiruct the appropriate staff persons to prepare technical reports
where appropriate, and provide general assistance in preparing a recommendation of the action to
the Planning Commission and City Council.
'44T,
(5) The Planning Commission shall consider possible adverse effects of the proposed amendment. Its
judgment*all be based upon(but not limited to)the following factors:
\kV,
(A) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the City Comprehensive Plan,
including public facilities and capital improvement plans.
(B) The proposed action meets the purpose and intent of this Ordinance or in the case of a
map amendment, it meets the purpose and intent of the individual district.
(6) The Planning Commission and City staff shall have the authority to request additional
410
information from the applicant or to retain expert testimony with the consent and at the expense
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-32
of the applicant, said information to be declared necessary to establish compatibility with the
Comprehensive Plan and pertinent sections of this Chapter.
(7) The applicant or a representative thereof may appear before the Planning Commission in order to
present information and answer questions concerning the proposed request.
(8) The Planning Commission shall make a recommendation on the request to the City Council. Such
recommendations shall be accompanied by the report and recommendation of the City staff.
(9) The City Council shall not act upon an amendment until they have received a report and
recommendation from the Planning Commission and the City staff or until sixty(60) days after
the first regular Planning Commission meeting at which the request was considered.
' .
.. ..
(10) For any application which changes all or part of the e)ki§tingclassification0f a zoning district
from residential to either commercial or industrial,atpi-oyalshall require,passage by a two-thirds
(2/3) vote of the full City Council. Approval of anyother proposed amendment shall require
passage by a majority vote of the entire City 4ncil.
.,.
, ),,,„
0 1) The amendment shall not become effective until suchtime,, the City Council approves an
ordinance reflecting said amendment.
(12) Whenever an application for an amendment has been considered and denied by the City Council,
Vti0kit.
a similar application for an amendment , ting substantially,Wisre property shall not be
considered again by the Planning ComissiontOrt05ity Council for at least six(6) months from the
40 date of its denial unless a decision to 469nsider"inetrinatter is made by not less than a majority of
the full City Council.
5.2 Amendments- Initiation. The,city or P1 *ling Commission may initiate a request to amend
the text or the districtboundaries of fthis Chapter. The procedural requirements of Section 5.1 of this
Chapter shall not applyi't&such proposed amendmentsiexcept to the extent required by State Statute.
Any person owning real estate within':thet1City may initiate a request to amend the district boundaries or
text of this ter so as to the saidii0 ;0e.
5.3 Certification of TaiaPaid. Prior to an application for rezoning,the applicant shall provide
certification to the CitV'iliat there ar‘;*odtlinquent property taxes, special assessments, interest, or City
otl"IVOtt '1‘lit/
utility fees due upon the parcel of land to which the rezoning application relates.
5.4 Amendments to the Comprehensive Plan. Amendments to the text or any map contained in the Scandia
Comprehensive Plan may be initiated and considered according to the procedures established in
Section 5.1 of tiAs;Chaptefand any applicable provisions of state law. Any amendment to the
Comprehensive Plan shall require passage by a two-thirds(2/3) vote of the full City Council.
111/
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-33
SECTION 6.0 VARIANCES110
6.1 Purpose. The purpose of this section is to provide for deviations from the literal provisions of this
Chapter in instances where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration, and to grant such variances only
when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter.
6.2 Board of Zoning Adjustments and Appeals. The City Council shall act as the Board of Zoning
Adjustments and Appeals.
•
6.3 Review Criteria. The Board shall not approve any variance application unless they find failure to grant
the variance will result in undue hardship on the applicant, and, as may be applicable, all of the
following criteria have been met:
(1) That because of the particular physical surroundings;eape,or topographical conditions of the
specific parcel of land involved,a particular hardship to the owner would esult,as distinguished
from a mere inconvenience,if the strict letterothe regulations were to be carried out.
air
(2) That the conditions upon which a petition for aaariatton is based.are unique to the parcel of land
for which the variance is sought and are not applicab enerally,to other property within the
same zoning classification.
t� kt�
(3) That the purpose of the variation is o ,4 sed exclusively upondesire to increase the value or
income potential of the parcel of lan ",4 ;q.
(4) That the alleged difficulty or hardship is aused by . h t iiisapter and has not been created by any 411
�4
persons having ani[t I=in the parcel o d and is note"a`self-created hardship.
(5) That the gran of the va�` on will not bedetrimental to the public welfare or injurious to
other land or improvement n the neighborho pd in which the parcel of land is located.
(6 Tha the royp'osed v` iati n wi o pair a adequate supplyof light and air to adjacent
) ��.,btFR p� g�+;�3 ) q b J
,,property, r substantia y inerease the congestion of the public streets, or increase the danger of
fire,or endanger the publicafety,or substantially diminish or impair property values within the
neighborhood .
(7) That the requested v fiance is e minimum action required to eliminate the hardship.
6.4 Procedures.Pursuant to M 'esota Statutes 15.99,an application for a variance shall be approved or
denied within i ,y(60) days from the date of its official and complete submission unless extended
pursuant to Statute'or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99,
the City staff is he eby authorized to extend the sixty-(60) day time limit by a time period not to
exceed sixty(60) additional days, provided written notice of such extension is provided to the applicant
before the end of the initial sixty- (60) day period. Extensions may also be requested by the applicant.
Additional City requirements are as follows:
(I) Requests for a variance shall be filed with the Zoning Administrator on an official application
form. The applicant's signature shall he provided on the application form. Additionally, if the
applicant is not the fee owner of the property, the fee owner's signature shall also be provided on 40
the application form, or the applicant shall provide separate written and signed authorization for
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-34
the application from the fee owner. Such application shall be accompanied by a fee,and an
escrow deposit toward reimbursement of the City for all out-of-pocket costs that are incurred for
processing, reviewing and hearing the application, as set forth in City Ordinance. The application
shall be considered as being officially submitted complete when the applicant has complied with
all the specified informational requirements, which shall include the following:
(A) A written description of the request for the variance,including an explanation of
compliance with the variance criteria set forth in this Section.
(B) Supporting materials, as outlined in Section 11.0 of this Chapter, as determined by the
Zoning Administrator as applicable to be necessary for the complete and clear definition
and understanding of the request.
(2) Upon receipt of a complete application, as determined by\staff revie and following preliminary
staff analysis of the application and request,the Zoning Administrator, vhenppropriate, shall
establish a time and place for consideration by therPlanning Commission. At*4st ten(10)days
before the date of the meeting, a written notice of the meeting shall be mailed*Iteapplicant and
to all other owners of property located within five hundred(500) feet of the bou0afil es of the
vot
property which is the subject of the application.
(3) Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth
NeiO4:
within this Chapter.
Vi*
(4) The Zoning Administrator shall cause the preparation of technical reports where appropriate, and
provide general assistance in preparinita recommendation on the action to the Board.
(5) The Planning Commission\and Zoning Administrator shall the authority to request
4 X* V
additional information Ii mftie applicant concerning operational factors or to retain expert
testimony wi e consentand at the expense of the applicant concerning operational factors,
said information ‘z..*e declared necessary to e tablish performance conditions in relation to all
. kb,
pertinent sections'0 s gftapte,---ta,„
ltXt' voi„,
'4 %
(6) 311'applicantor a repre e'raative thereof may appear before the Planning Commission in order to
<4"' andtheproposed present answer9fte ions,wicerning request.
two"
„Nt
(7) The Planning Commission shall inake a finding of fact and make a recommendation to the City
Council on such actions or conditions relating to the request as they deem necessary to carry out
the purpose of this Chapter.
NivIt
(8) The Hoard shall not act upon the request until they have received a report and recommendation
from the Plt::n4Commission and the City staff or until sixty(60) days after the first regular
Planning Commission meeting at which the request was considered.
(9) Upon receiving the report and recommendation of the Planning Commission,the Board may
grant the variance. Approval of a request shall require passage by a majority vote of the entire
Board. In granting any major variance under the provisions of this Section,the Board shall
designate such conditions in connection therewith as will, in its opinion, secure substantially the
objectives of the regulations or provisions to which the adjustment or variance is granted, as to
light, air, and the public health, safety, comfort, convenience and general welfare.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-35
(10) Where variances are granted under the provisions of this Section,the Board shall require such 411
evidence and guarantee as it may deem necessary to insure compliance with the conditions
designated in connection therewith. Following the approval of a variance as required by this
Section and prior to the issuing of any building permits or the commencing of any work,the
applicant may be required to guarantee to the City the completion of landscaping and any other
private exterior amenities or improvements as shown on the approved site plan and as required by
the variance approval. The guarantee shall be made by means of a site improvement performance
agreement and a financial guarantee as specified in Section 11.0 of this Chapter.
(11) The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by
mail.
(12) Whenever an application for a variance has been considered and deniedby the Board, a similar
application for a variance affecting substantially the same'property shah not be considered again
by the Planning Commission or Board for at least six(0'mAths from the date of its denial,
unless a decision to reconsider such matter is made by a majority vote of the entire Board.
6.5 Appeal of Board Ruling. Any person or persons,,eanYpTivate or public board,or taxpayer of the City
aggrieved by any decision of the Board shall have the right to seek 'ew of the decision with a court
of record in the manner provided by the laws of the State of Minnesota. and particularly Minnesota
Statutes,Chapter 462,as such statutes may be from time to time amended, supplemented or replaced.
104,
-••
6.6 Expiration. Unless the Board specifically different time when attion is officially taken on
the request,approvals which have been issued under the o `Th% section shall expire without
further action by the Planning Commission ot;,the Board,unless the applicant commences the
authorized use or improvement within one(11k,,ealtof the date the is issued; or,unless before
vo;‘,44,, •
the expiration of the ogeT,:4)y,ea„period, the applicant shall apply for an extension thereof by
completing and submitting a request for extensio‘including the renewal fee as set forth in City
Ordinance. The request for extension shall state facts showing a good faith attempt to complete or
utilize the approval permitted in the variance. A reqWsf'Tor an extension not exceeding one(1) year
shall be subject to the review and AttIoval of the Zoning Administrator. Should a second extension of
V'e4
time or anyextension', of time longer t' non year be requested by the applicant, it shall be
presented o'VI Planning 4
Commission
l for a recommendation and to the Board for a decision.
6.7 Certification of Taxes Paid. Prior toapproval of an application for a variance, the applicant shall
pro 4:certification to the City that*re are no delinquent property taxes, special assessments,
intcret,or City utility lees atie upon the parcel of land to which the variance application relates.
`i Nit
S
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-36
4111 SECTION 7.0 APPEALS
7.1 Board Designation. The City Council shall serve as the Board of Adjustments and Appeals.
7.2 Applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions
of this Chapter. Opinions and evaluations as they pertain to the impact or result of a request are not
subject to the appeal procedure.
7.3 Filing. An appeal from the ruling of an administrative officer of the City shall be filed by the property
owner or their agent with the Zoning Administrator within thirty(30) days after the making of the order
being appealed.
7.4 Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed
unless it is certified to the Board of Adjustment and Appealkafterthe noticeOfappeal is filed,that by
reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such
case,the proceedings shall not be stayed other than by„,diestraining order which may be granted by a
court of record on application, and upon subsequent notice to the City.
7.5 Procedure. The procedure for making such an appeal shall be as follows:
ttitr
(1) The property owner or their agent shall file with the Zont4Administrator a notice of appeal
stating the specific grounds upon hicli the appeal is made.\04.id application shall be
ttto. ..
accompanied by a fee set forth in Ci vrAntiee.
(2) The Zoning Administrator shall instruèt the appropriate staff persons to prepare technical reportswhen appropriate and shall provide gene assistance in preparing a recommendation on the
action to the Boarct*Rdjustment and Apr,Ots.
(3) The Board of Adjustment'and Appeals shalF'< ake its decision by resolution within sixty(60)
days from4e whic completed application is filed.
'41,4
(4) The40ningAdministrator sha 1''serV,07*Opy'of the final order of the Board upon the petitioner by
mail.Attt&,,
7.6 Appeals from the Board of Adjust eiii_add Appeals. Any person or persons, any private or public
bo'ard,or taxpayer of the'dity aggrieved any decision of the Board of Adjustment and Appeals shall
have to seek revk of the ecision with a court of record in the manner provided by the laws
of the Stale'of Minnesota,and particularly Minnesota Statutes,Chapter 462, as such statutes may be
from time time amended, supplemented or replaced.
</A
<.`
1111
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-37
SECTION 8.0 CONDITIONAL USE PERMITS 410
8.1 Purpose and Intent. The purpose and intent of a conditional use permit is to authorize and regulate uses
which may be beneficial in a specific instance to the general welfare of the community,yet ensure that
such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the
zoning district in which such uses are located regarding conditions of operation, location,arrangement,
and construction.
8.2 Procedures. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be
approved or denied within sixty(60)days from the date of its official and complete submission unless
extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota
Statutes 15.99, the City staff is hereby authorized to extend the sixty- (60)day time limit by a time
period not to exceed sixty(60) additional days,provided written notice of such extension is provided to
the applicant before the end of the initial sixty-(60)day peribd.\Extension§'may also be requested by
the applicant. Additional City requirements are as follows: '
(1) Requests for conditional use permits,as providedvwithin thi§Chapter, shall be ilerlwith the
Zoning Administrator on an official applicationiiform.' The applicant's signature shall be provided
on the application form. Additionally, if the applicantis not fee owner of the property,the fee
owner's signature shall also be provided on the application form, or the applicant shall provide
separate written and signed authorization for the application from the fee owner. Such application
shall be accompanied by 1)a fee as set forth by City ordinance, 2) detailed written and graphic
materials,the number and size as prescribed i? the Zoning Adi ltiritor, fully explaining the
proposed change, development, or us an '' tlist of property 0,ownei s located within one
thousand three hundred and twenty(13' 2) feetof theIt.ibjectproperty in a format prescribed by
iii , mf,
the Zoning Administatxr‘The application shall be considered as being officially submitted and
complete when the applicant has com liedr„:rth all the specified information requirements.
(2) Upon receptiOaicompletekiplication, as determined by staff review,and following preliminary
staff analysis of,the,aiopplicfbn and request, theiiZoning Administrator,when appropriate, shall set
a public hearing f011oVoitgifPrppehe t ing notification. The Planning Commission shall conduct
the hearing, and report its ' 1makerecommendations to the City Council.
"Pi vi-iim‘iVikiv, 1413N,
A's
Notice of saileiring shallnsist 9f a legal property description and a description of the
(3filequest,and be published in the official newspaper at least ten(10)days prior to the hearing and
written notification'of'said hearing shall be mailed at least ten (10) days prior to all owners of
N-Mr4
land within one thousand three hundred and twenty(1,320) feet of the boundary of the property in
VliP question. Failure Failure of a property owner to receive said notice shall not invalidate any such
'Viva*
proceedings as set forth within this Chapter.
(4) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports
where appropriate, and provide general assistance in preparing a recommendation on the action to
the Planning Commission and City Council.
(5) The Planning Commission and City staff shall have the authority to request additional
information from the applicant or to retain expert testimony with the consent and at the expense
of the applicant, said information is to be declared necessary to establish performance conditions
in relation to all pertinent sections of this Chapter.
III
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-38
(6) The applicant or a representative thereof may appear before the Planning Commission in order to
present information and answer questions concerning the proposed request.
(7) The Planning Commission shall make a finding of fact and recommend such actions or conditions
relating to the request as they deem necessary to carry out the intent and purpose of this Chapter.
(8) The City Council shall not grant a conditional use permit until they have received a report and
recommendation from the Planning Commission and the City staff, or until sixty(60)days after
the first regular Planning Commission meeting at which the request was considered.
.,‘
(9) Approval of a Conditional Use Permit shall require passage of a'resolution by a majority vote of
the entire City Council.
(10) Whenever an application for a conditional use permit has been considered and denied by the City
Council, a similar application for a conditional use permit affecting substantially the same
property shall not be considered again by the Planning Commission or City Council for at least
six(6)months from the date of its denial unlesS'a decision to reconsider such matter is made by a
majority vote of the entire City Council.
8.3 Information Requirement. The information required for all conditional use permit applications shall be
as specified in Section 11.0 of this Chapter.
.4,
,
8.4 General Criteria. As may be applicable, the evaluation of any proposedvnditional use permit request
410 shall be subject to and include,but not lilimited to,4,1Afollowing general criteria:
(1) Compliance with and effect upon the C prekensi4P1*inauding public facilities and capital
improvement plaiis1‘1/4
(2) The establishment, maintenance or operatio of the conditional use will promote and enhance the
general public welfare and ill not be detrim,i414o or endanger the public health, safety, morals
or comfort.
(3) T 6conditional pse will,46be injuriou to'the use and enjoyment of other property in the
immediate vicinity for th4!.' oses already permitted,nor substantially diminish and impair
,,I,o',
Ah property values or scenic views. , ri(
(4) The establishment ofPtfie conditional use will not impede the normal and orderly development and
it4‘Vement of surrounding property for uses pei initted in the district.
,\\\
,4,03
(5) Adequat ,public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
.1,
(6) The conditional use shall conform to the applicable regulations of the district in which it is
located and all other applicable standards of this Chapter.
(7) The conditional use complies with the general and specific performance standards as specified by
this Section and this Chapter.
4111 8.5 Performance Standards. As may be applicable,the evaluation of any proposed conditional use permit
request shall be subject to and include,but not limited to, all applicable performance standards
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-39
provided
by Chapter 2 of this Development Code, and the following general standards applicable to all 1110
conditional uses:
(1) The use and site in question shall be capable of supporting the wastewater disposal needs of the
proposed use, and meet all applicable standards and regulations necessary to protect public health
and to protect surface and groundwater resources.
(2) Adequate parking shall be provided,and the site design for access,circulation,parking and
loading areas shall minimize internal and external traffic conflicts.
(3) An adequate pedestrian circulation system shall be clearly defined and appropriate provisions
made to protect such areas from encroachment by parked or moving vehicles.
(4) All landscaping, screening and woodland and tree preservation requirerents shall be met.
(5) All exterior lighting shall be so directed so as not to cast glare toward or ontotche public right-of-
way or neighboring property and be in compliance with alltejity lighting requiter,
(6) Potential exterior noise generated by the use shall he mitigation measures as may
be necessary shall be imposed to insure compliance with city s noise ordinance.
ktt
(7) The site drainage system shall me ,'p.oppplicable standardsfl,mancarment of water quantity
and water quality, and be subject to ktey4ewand approvalh y.
(8) The architectural appearance and func tonal de gtt,,q,non-residential buildings and sites shall be 1110
in harmony with the Scandia Architect* Design Guidelines and with the character of the
surrounding buildings sites. „tscptet‘
,tot
(9) All signs and1,information visual comm *cation devices shall be in compliance with
AP
applicable rcu a ‘ns.
( 0) The tsen,q,site sha k : n compliance with any federal or state laws or regulations which are
applicable 'Ad any relak,Kemfits are obtained and documented to the City.
(0) Any applicable business hat may be mandated by City ordinance are approved and
t"Vrobtained.
tt,):tt
(12) The hours of operation ma be restricted when there is potential negative impact upon the
surrounding area or nOghboring uses.
(13) Any costs that play be incurred by the city to monitor compliance with the conditions of the
Conditional Use Petnit shall be paid by the applicant and/or owner of the property.
8.6 Revocation. The Planning Commission may recommend, and the City Council may direct,the
revocation of any conditional use permit for cause upon determination that the authorized conditional
use is not in conformance with the conditionsThe c of thepermitity or is in continued violation of this Chapter,
City Ordinances,or other applicable regulations. Council or Planning Commission shall
initiate an application and the Zoning Administrator shall notify the responsible person to whom the
permit was issued,that they have an opportunity to show cause why permitthe should not be revoked.
ill
The application shall be processed and considered pursuant to Section 8.2 of this Chapter. The Zoning
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-40
Administrator shall provide the responsible person to whom the permit was issued a copy of the
proceedings and findings of the Planning Commission and City Council.
8.7 Amendment. Holders of a conditional use permit may propose amendments to the permit at any time,
following the procedures for a new peonit as set forth in this section. No significant changes in the
circumstances or scope of the permitted use shall be undertaken without approval of those amendments
by the City.The Zoning Administrator shall determine what constitutes significant change. Significant
changes include,but are not limited to, hours of operation, number of employees, expansion of
structures and/or premises,different and/or additional signage, and operational modifications resulting
in increased external activities and traffic,and the like. The Planning Commission may recommend,
following the procedures for hearing and review set forth in this section and the City Council may
approve significant changes and modifications to conditional use permits,including the application of
additional or revised conditions.
8.8 Expiration. Unless the City Council specifically approvesn different time wh Vction is officially
„00' '0040\
taken on the request,permits which have been issued the provisions of this section shall expire
without further action by the Planning Commission or the City Council,unless the applicant
commences the authorized use within one(1)year et the date the conditional use Permit is issued; or,
unless before the expiration of the one(1)year period the shall apply for an extension thereof
by completing and submitting a request for extension, includingthe renewal fee as set forth by City
Ordinance. The request for extension tall state facts showini'I good faith attempt to complete or
utilize the use permitted in the conditional,use permit. A request ib°k;4i.41?. extension not exceeding one(1)
year shall be subject to the review and approval Zoning Administrator. Should a second
1110
extension of time or any extension of time longer than (1) year he requested by the applicant,it
mi,,00010
shall be presented to the Planning Commissi0 for a rccommendatickand to the City Council for a
decision.
8.9 Financial Guarantee. the approval of NFonditional use permit as required by this Section
*ow
and prior to the issuing,of any building permits or the commencing of any work, the applicant may be
required to guaranteetothe City the completion of landscaping and any other private exterior amenities
or improvements as shownon the approvedsite plakand as required by the conditional use permit
approval.The shaft te ma e— 0means!ha site improvement performance agreement and a
AsUkti-Uk '11*financial guarantee, kspecifie iii„,..Section 11.0 of this Chapter.
$.*
8.10 Certification of Taxes Paid: Prior tocapproving an application for a conditional use permit,the
-,kozoi,
applicant shall provide certification to City that there are no delinquent property taxes, special
V0,00 wig' 0.
assessments, interest,or City utility fees due upon the parcel of land to which the conditional use
permit application relates.
Ct,l
•
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-4
SECTION 9.0 INTERIM USES •
9.1 Purpose and Intent: The purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is obtained or while the
permanent location is under construction.
(2) To allow a use that is presently judged acceptable by the City Council,but that with anticipated
development or redevelopment, will not be acceptable in the future or will be replaced in the
future by a permitted or conditional use allowed within the respective'district.
(3) To allow a use which is reflective of anticipated long range clang o an area and which is in
compliance with the Comprehensive Plan provided that said use .ima ns harmony and
compatibility with surrounding uses and is in keepinggwithe architectural character and design
standards of existing uses and development. a "`` ..ti
9.2 Procedures. Uses defined as interim uses which do not presently exist within a respoctive`zoning
district shall be processed according to the standards'and,procedues for a conditional us .permit as
established by Section 8.0 of this Chapter. t1, . . ,�, 1
9.3 General Standards. An interim use shah comply with the following:
1�
(1) Meet the applicable standards for aconditional use permit se tith ins8.4 of this Chapter.
Z, •41.'tt,,t4 .:,,,,0
(2) The use is allowed as an interim use in the respectivezoning district.
(3) The date or event t�W 1 A4terminate the a can be identified with certainty.
(4) The use willfi:i3 of impose a i ional unreason able costs on the public.
(5) The user agrees t '`y co tic► tat the City Council deems appropriate for permission of the
.
9.4 Termination. An i iterim use s a 1.teplinate on the happening of any of the following events,
whichever occurs first ,;Y 4 k ``'
(1) The date stated in th"permit.
(2) Upon.violation of conditions under which the permit was issued.
l
(3) Upon chap e in theCity's zoning regulations which renders the use nonconforming.
(4) The redevelopment of the use and property upon which it is located to a permitted or conditional
use as allowed within the respective zoning district.
9.5 Certification of Taxes Paid. Prior to approving an application for an interim use permit, the applicant
shall provide certification to the City that there are no delinquent property taxes, special assessments,
interest, or City utility fees due upon the parcel of land to which the interim use pernut application
relates.
4110
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-42
SECTION 10.0 ADMINISTRATIVE PERMITS AND APPROVALS
10 I Purpose. The purpose of this section is to establish regulations and procedures for the processing and
consideration of activities allowed by administrative permit, and of matters requiring the approval of
the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of
the City.
10.2 Procedure.
(1) Requests for administrative permits,as provided within this Chapter, shall be filed with the
Zoning Administrator on an official application form. The applicant's signature shall be provided
on the application form. Additionally, if the applicant is not the fee owner of the property,the fee
owner's signature shall also be provided on the applicatio‘form,Or,t‘he applicant shall provide
separate written and signed authorization for the application from the fee owner.
(2) The application shall be accompanied by a non-refundable fee, and an escrow deposit toward
reimbursement of the City for all out-of-pocket costs that are incurred for procerigreviewing
and hearing the application,as set forth by CIO Ordinance ftradministrative perOitapplications.
Applications for amending pelinits shall be accompanied OitWon-refundable fee and escrow
deposit as set forth by City Ordinance for administrative
(3) The Zoning Administrator shall rc'yicwpe application and related materials and shall determine
whether the proposal is in compliaice with all applicable evaluation,ctiteria, codes, ordinances,
and applicable performance standardsset f*64*this Chapter.
10 (4) The Zoning Administrator shall consider osA e adverse ,,fccts of the proposed events or
activity. Judgment Aft "6 based upon(but not limited to the following factors:
(A) Compliance with a a,effect upon the'Comprehensive Plan.
Ate
(B) The estabi en lmaintenance or operation of the use, event or activity will promote
undenhancC% .eneral publiclgre and will not be detrimental to or endanger the
public,
health, safety,morals or comfort.
'44
t t4t,'
(C) The use, event, or activity not be injurious to the use and enjoyment of other property
' 4I/im in the immediate vicini Y,Tor the purposes already permitted,nor substantially diminish
within and impair property values the neighborhood.
(l)) I'he cstablishrtent of the use, event or activity will not impede the normal and orderly
developmentrand improvement of surrounding property for uses permitted in the district.
(E) Adequate public facilities and services are available or can be reasonably provided to
accoMmodate the use, event or activity which is proposed.
(F) The use, event or activity and site shall, in all other respects, conform to the applicable
regulations of the district in which it is located and all other applicable provisions of the
Development Code.
11111 (5) The Zoning Administrator shall make a determination on approval or denial of the administrative
permit within sixty(60) days from the date of submission of a complete application. Pursuant to
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-43
Minnesota Statutes 15.99, the City staff is hereby authorized to extend the sixty-(60) day time410
limit by a time period not to exceed sixty(60) additional days, provided written notice of such
extension is provided to the applicant before the end of the initial sixty-(60) day period.
Extensions may also be requested by the applicant.
(6) A written permit shall be issued to the applicant when a determination of compliance has been
made. Specific conditions to assure compliance with applicable evaluation criteria,codes,
ordinances, and the standards of this Chapter shall be attached to the permit.
(7) Denial of an application due to non-compliance with applicable codes,ordinances, and the
standards of this Chapter shall be communicated to the applicant in writing. Within ten(10) days
of the date of such notice,the applicant may submit revised,.plan�s � d'or information,which shall
be evaluated by the Zoning Administrator to determine compliance,
(8) Unresolved disputes as to administrative application of the,requirement f this paragraph shall
be subject to appeal as defined by Section 7.0 o this Chapter.
10.3 Information Requirement. The information require.fall administrative permit applications shall
include: { , .;.
(1) A concise statement describing the,proposed use, event or activity, including the purpose, type of
merchandise involved, dates and ties of operation, numberemployees involved,provisions
for on-site security, provisions for o site`arking, and other *inept information required by the
Zoning Administrator to fully evalua e the , ication.
ill
(2) A copy of the approved site plan for the propertya or a 1 as but"survey which accurately
represents existin gc ndit�ons on the site, including entrances
and exits,bona fide parking and
driving areas, andwhi ` z irately indicate any proposed temporary structures,including tents,
stands,and si
.„ 1,
le
(3) An accurate floor ply wl init udgment o' the Zoning Administrator, such a plan is
necessaryrtoproperly. valuate e l).` t; .
.by ' kl 'Al,,
(4), ,'A copy of the current sales44,certificate issued by the State of Minnesota, if applicable.
(}N5
Information identified in Section of this Chapter,as may be applicable.
10.4 Performance Standards. Al uses, events or activities allowed by administrative permit shall conform to
the applicable'standards outlined in the zoning district in which such use, event or activity is proposed
and by any performance standards for the use, events or activities which may be provided by City
Ordinance or this°Devel pment Code.
10.5 Administration and Enforcement.
(1) The Zoning Administrator shall keep a record of applications and administrative permits.
(2) A copy of all administrative permits issued shall be forwarded to appropriate staff as determined
by the Zoning Administrator.
(3) Enforcement of the provisions of this paragraph shall be in accordance with Section 2.0 of this 1110
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-44
Chapter. Violation of an issued permit or of the provisions of this section also shall be grounds
for denial of future permit applications.
10.6 Certification of Taxes Paid. Prior to approving an application for an administrative permit,the
applicant shall provide certification to the City that there are no delinquent property taxes, special
assessments, interest,or City utility fees due upon the parcel of land to which the administrative permit
application relates.
10.7 Expiration.
(1) Events or activities requiring an administrative permit. An administrative peimit for an event or
activity shall become null and void upon completion of the event or activity that required the
permit,or as may otherwise be specified on the face of the administrative permit issued by the
City.
,
(2) Uses requiring an administrative permit.Unless otherwise specified by the\ZonIng Administrator,
an administrative permit required for a use or,s&uv,cture shall become null and v4Id pursuant to the
provisions of Section 11 of this Chapter.
10.8 Non-Permit Approvals. In cases where the Zoning Administrator is given approval authority without a
requirement for an administrative pe *t„cleterminations shall be based upon the criteria outlined in
Section 10.2 (4)of this Chapter.
ill
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)
1111
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-45
SECTION 11.0 SITE PLAN REVIEW 110
11.1 Purpose. The purpose of this section is to establish a formal site plan review procedure and provide
regulations pertaining to the enforcement of site design standards consistent with the requirements of
this Development Code.
11.2 Exceptions to Review. The following shall be exempt from the foregoing requirements:
(1) Agricultural uses in the AG-C, AP and GR Zoning Districts,with the exception of
(2) Single family detached dwellings and related accessory uses. �.
(3) Two family attached dwellings and related accessory uses
11.3 Pre-Application Sketch Review. k
(1) Prior to the formulation of a site plan,potentialapplicants may.present a sketch to t ie Zoning
Administrator prior to filing of a formal applicati '.. The ske ch may be conceptual and may
include the following related materials: � '
(A) A scale drawing of the pro Sscd site with reference`�t existing development within 200
feet of adjacent properties. i � °
`4"s.1s
(B) General location of proposed struetures ��;��� �
.,„,
(C) Tentative angements, bo ''"'4%IA '''s 4110
th.public and private.
(D) Amenities to be p '.ed such as recreational areas, open space, walkways, etc.
(E) General ®c,' •n o. areas.
(F _ Proposed sewa a t «•eosal face Y 1'-s,water and storm drainage.
n
(G) A state '‘fr(thowinNi,proposed density of the project with the method of calculating
said density't, o show
11) . Extent of and,iy proposed modifications to land within any applicable Overlay Districts
iis described regulated by this Development Code.
(I) TopIigraplie contours at two (2) foot intervals.
(J) Wetland delineation.
(K) Proposed general schedule of development.
(L) Information on the proposed developer.
(M) Other information or materials useful in reviewing the sketch.
10
(N) Letter of concurrence from landowner, if the landowner is not the potential applicant.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-46
(2) The Zoning Administrator shall review the sketch and provide informal comments. The Zoning
Administrator shall have the prerogative and authority to refer the sketch to the Planning
Commission and/or City Council for discussion,review, and informal comment. Any opinions or
comments provided on the sketch by the Zoning Administrator,Planning Commission, and/or
City Council shall be considered advisory only and shall not constitute a binding decision.
(3) Requests for pre-application sketch review shall be submitted to the Zoning Administrator. If the
sketch is to be reviewed by the Planning Commission and/or City Council, as determined by the
Zoning Administrator,the sketch shall be accompanied by a list of property owners within a
specified distance of the subject property in a format prescribed by the Zoning Administrator. The
specified distance shall be consistent with the greatest distance required for the applications that
the proposed development would require.
11.4 Minor Projects. e
,
(1) Qualification. Site plans may be classified as minor projects and may be administratively
approved by the Zoning Administrator in lilOfTlanning Commission revie and city Council
approval only for sites which meet the following criteria, except as otherwise expressly provided
by this Chapter:
(A) The site and the use must be in compliance with the Comprehensive Plan.
0 04,
0044
(B) Only applications for uses explicitly classified as permittedaccessory uses within the
4110 respective zoning districts ofihisefi4,t0;#7 eligible for administrative approval.
(C) All applications for site plan approval ibust hecomplete and in full accordance with the
‘44 ,40
requireme#, his Chapter. All applicable fees shall be paid.
(D) All devlopment proposals and site plan layouts must meet or exceed the standards of all
40%applica, codes, ordinances,and policies and must be free of any variances from those
i-404
standards. ,.4.4144.v04
'''°14444tiN
:0.00
4 44 04*000 t004 —4"44W
Al(gs must be legal parcels o record at the time of application.
AtIL
2' Procedures. Pursuant to Minn tatStatutes 15.99, an application for site plan approval shall be
approved or denied within sixtti„( 0)days from the date of its official and complete submission
*'‘Itss extended purstOt to Statute or a time waiver is granted by the applicant. Pursuant to
Minnesota Statutes 1599, the City staff is hereby authorized to extend the sixty-(60) day time
limit by a time period not to exceed sixty(60) additional days,provided written notice of such
extensioh is lrvid0 to the applicant before the end of the initial sixty-(60)day period.
Extensions may also be requested by the applicant. Additional City requirements for
administrative approval of eligible site plans shall be as follows:
(A) Requests for site plan approval,as provided within this Chapter, shall be filed with the
Zoning Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form, or the
applicant shall provide separate written and signed authorization for the application from
the fee owner. Such application shall be accompanied by 1) a fee, and an escrow deposit
toward reimbursement of the City for all out-of-pocket costs that are incurred for
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-47
processing, reviewing and hearing the application, as set forth by City Ordinance,and 2) •
detailed written and graphic materials,the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change,development,or use.
(B) Plan review will be in accordance with established procedures including the coordinated
review by other City departments and divisions as determined by the Zoning
Administrator.
(C) Administrative approval including all applicable conditions and requirements shall be
made in writing by the Zoning Administrator, and the applicant, in addition to all other
applicable requirements, shall submit a written acknowledgment of that approval prior to
the commencement of any development and prior to the issuance of any permits.
(D) Any unresolved dispute as to administrative interpretation ofCityCode,ordinance,or
policy requirements may be formally appealed pursuant to Section 7.0 of this Chapter.
(3) Certification of Taxes Paid. Prior to approvin**applicati n for a minor project,the applicant
shall provide certification to the City that there are delinquent property taxes, special
assessments, interest,or City utility fees due upon the parcel of land to which the minor project
application relates.
11.5 Major Projects.
1!**ARA4,
(1) Qualifications. Site plans shall be cla)ified"4,ajer projects for s which meet the following
criteria, except as otherwise expressly tovided"*Sehapter•
•
(A) Any projeetIf.plii sified or quail;,ing as a min iiproject shall be classified as a major
project.
(B) Atitk4i
(B) p resulti n the exterior alteration of a structure to which the Scandia
Architect'KiDesiii7t 'a-lines (datedSeptember, 2009 and as may be amended)are
applicable.
(2) —4****4'Mktef
Allf*
(2)4 Procedures. Pursuant to IL'esota Statutes 15.99, an application for site plan approval shall be
approved or denieditthin 40fdays from the date of its official and complete submission
*1'unless extended p 44nt to StO e or a time waiver is granted by the applicant. Pursuant to
Minnesota Statutes 15.99, the City staff is hereby authorized to extend the sixty-(60) day time
limit by raw
a time period not to exceed sixty(60) additional days,provided written notice of such
exterlitti%ia provided to the applicant before the end of the initial sixty-(60) day period.
Extensions may also be requested by the applicant. Additional City requirements are as follows:
s'ft, 04'
(A) Requests for site plan approval, as provided within this Chapter, shall be filed with the
Zoning Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form,or the
applicant shall provide separate written and signed authorization for the application from
the fee owner. Such application shall be accompanied by 1)a fee, and an escrow deposit
toward reimbursement of the City for all out-of-pocket costs that are incurred for
processing, reviewing and hearing the application, as provided for by City Ordinance, 2) 410
detailed written and graphic materials,the number and size as prescribed by the Zoning
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter I-48
Administrator, fully explaining the proposed change,development, or use,and 3)a list of
property owners within two hundred (200) feet of the subject property in a format
prescribed by the Zoning Administrator. The request shall be considered as being
officially submitted and complete when the applicant has complied with all the specified
information requirements.
(B) Notice of the meeting at which the Planning Commission will review the application shall
consist of a description of the site and the request,and be mailed at least ten(10)days
prior to all owners of land within two hundred(200) feet of the boundary of the property
in question. Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Chapter.
(C) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical
reports where appropriate,and provide general asistance in preparing a recommendation
on the action to the Planning Commission and the City Council.e,
(D) The Planning Commission and City staff shall have the authority to reqteatadditional
information from the applicant con e Vbperationkfactors or to retabi)ekiiert
testimony with the consent and at the expense of the a1;Plicant concerning operational
factors. Said information is to be declared necessary to evaluate the request and/or to
establish performance conditions in relation toifiettinent sections of this Chapter.
Failure on the part of the a ePlicant to supply all nessary supportive information may be
elle epee /
grounds for denial of the re „.; ,wyr
410 (E) The applicant or a representative thereo tappear before the Planning Commission in
order to present information andeus iques I-6 :g6ficerning the proposed request.
etetre,
x‘'
(F) The Planning Commission shall re ontmend such actions or conditions relating to the
requ‘ .s they deemenecessary to ciry out the intent and purpose of this Chapter.
(G) The City wi,vicil shallteri tecensider a I e plan application until they have received a
report and reiter'4e;Ona " eefellaninng Commission. If, however,the Planning
' ' Commission ha not acted upon the request after sixty(60) days from the first regular
meeting at ktequest was considered,the City Council may proceed with its
consider bons and aCt'imfihe request.
4 ttie
1.71) Upon receiving the rePort and recommendation of the Planning Commission, the City
ee,
Council will prisider the application. The applicant or a representative thereof may
appear before the City Council in order to present information and answer questions
concerning the proposed request.
e'eeeeeeh,
(I) Approval of a site plan application shall require passage of a resolution by a majority vote
of the entire City Council.
(3) One set of approved plans, specifications and computations shall be retained by the city
for a period of not less than one year from the date of completion of the work covered
therein. One set of approved plans and specifications shall be returned to the applicant
and shall be kept on the site of the building or work at all times during which the work
authorized thereby is in progress.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-49
(3) Certification of Taxes Paid.Prior to approving an application for a major project, the applicant •
shall provide certification to the City that there are no delinquent property taxes,special
assessments, interest,or City utility fees due upon the parcel of land to which the major project
application relates.
11.6 Evaluation Criteria. The Planning Commission and City Council shall evaluate the effects of the
proposed site plans.This review shall be based upon,but not be limited to,compliance with the City
Comprehensive Plan and provisions of the Zoning Ordinance.
11.7 Information Requirement. The information required for all site plan applications generally consists of
the following items, and shall be submitted when requested and specified by the Zoning Administrator.
(1) Site Plan.
(A) Name and address of developer/owner.
fir.. .
(B) Name and address of architect/designe,,
,, ut
(C) Date of plan preparation. %V>
4
(D) Dates and description of all revisions. N i t
(E) Name of project or develop c '�� ,,
(F) Scale of plan(engineering scale,only, acne(1) inch equals fifty(50) feet or less).
4110 Ir
(G) North pointy indication. 'f �
(H) Lot di ension an , `a.
(I) Require 'kand<pro #1.edA. etbaeks. .,
s Vk
(J) Loc'ati n b, setba and dimensr e n o all buildings on the lot including both existing and
`:" proposed structureLN
,,„' (K) Contours, treets, utilities;'°and structures located within one hundred(100)feet of the
exterior boundaries oft he property in question.
(L) Location, number, and dimensions of existing and proposed parking spaces.
(M) Location,number, and dimensions of existing and proposed loading spaces
(N) Curb,cuts, driveways.
(0) Vehicular circulation.
(P) Sidewalks, walkways.
(Q) Lighting Plan. The plan shall depict all exterior lighting for the development and must
include: 111/
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-50
411/
I. Location of all exterior lighting by type.
2. Description,including but not limited to catalog cut sheets by manufacturers and
drawings, of the illuminating devices, fixtures, lamps, supports,reflectors,and other
devices proposed.
3. Mounting height of all luminaires.
4. Hours of illumination.
5. Photometric data, such as that furnished by manufacturers showing the angle of cutoff
or light emissions. Photometric data need not be,submitted when the shielding of a
fixture is obvious to the Zoning Administrator.
ti
6. Signature of registered engineer or certified lighting professional who prepared the
plan.
(R) Location of recreational and service areas
(S) Location of rooftop equipment and propose 4 eehing
(T) Provisions for storage andisgosal of waste,garb 5 5',and recyclables.
(U) Location, sizing, and type o at r se ice and sewage is sal facilities and proposed
4111, ..��
service connections. �� ti<�
(2) Grading/Storm Waterage Plan.
(A) Nameind address r developer/ow cr.
(B) Name an ladiess 'tect/design
4t,Ante of plan p non.
`z (D) Dates an description I revisions.
" JY
Name of pro,or de .e opment.
(F Scale of plan engineering scale only, at one(1) inch equals fifty(50) feet or less).
(G) North poin°indication.
(H) Existing contours at two(2) foot intervals.
(I) Proposed grade elevations,two (2) foot maximum intervals.
(J) Drainage plan including configuration of drainage areas and calculations.
40 (K) Storm sewer, catch basins,invert elevations, type of castings, and type of materials.
(L) Spot elevations.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-51
(M) Proposed driveway grades.
(N) Surface water ponding and treatment areas.
(0) Erosion control measures.
(3) Landscape Plan.
(A) Name and address of developer/owner.
(B) Name and address of architect/designer.
(C) Date of plan preparation.
(D) Dates and description of all revisions.
(E) Name of project or development. A
4e\
(F) Scale of plan(engineering scale only, at one(1) inch eqUals fifty(50) feet%r less).
(G) North point indication.
.
(H) Planting Schedule(table)c uftirugs„‘
‘C-
1. Symbols.
41111
2. Quanti
3. .9 on nam
4. l3ot amm5.
44044,,IOYSitiait
Sizes of p
/6( 6. Ro011eecificati C(bare root,balled and burlapped, potted, etc.)
7. Special a ating instructions.
(4) Tree Preservation planand reforestation plan, as may be applicable pursuant to Chapter 2 of this
DeveloiirnenlCode.,„,'7
(5) Planting detail(show all species to scale at normal mature crown diameter or spread for local
hardiness zone'
.
(6) Typical sections in details of fences, tie walls,planter boxes,tot lots, picnic areas,berms and the
like.
(7) Typical sections of landscape islands and planter beds with identification of materials used.
(8) Details of planting beds and foundation plantings.
10/
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-52
410 (9) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or
other techniques.
(10) Delineation of both sodded and seeded areas with respective areas in square feet.
(11) Coverage plan for underground irrigation system, if any.
(12) Where landscape or man-made materials are used to provide screening from adjacent and
neighboring properties, a cross-through section shall be provided showing the perspective of the
site from the neighboring property at the property line elevation.
(13) Other existing or proposed conditions which could be expected to affect landscaping.
(14) Other Plans and Information. (May be submitted in combination pursuant to approval by the
Zoning Administrator)
(A) Legal description of property under consideration.
(B) Proof of ownership of the land for which iaiisfteplaniaiPipiroval has been reuested.
'404i„
(C) Architectural elevations of all principal and accessory buildings(type, color,and
materials used in all external dl.,surfaces).
4iffittf.,
(D) "Typical"floor plan and"typical"v room plan.
.
(E) Extent of and any proposed modifications teGiOithin any applicable Overlay Districts
t AA,
as described and regulated by thisVevelopmeni445ede.
11111 \ 'i 'kilter,
V4
(F) Type location andkii±ie(area and height)of all signs to be erected upon the property in
i
question.
,
,
(G) ,CertificationALia all propertyaxesi:sliecial assessments, interest,or Cityutilityfees due
eirtiiii4 '111%0 0 - i . tieft,,,iAi . . , ,
uppit.the parcelioftland to which the application relates have been paid.
40 iime,i
e,
40 'ik itif4 !kik
11.8 Plan Modifications. All site and construction plans officially submitted to the City shall be treated as a
t,,, , agreement VV' '
O betweeri,flie applicant and the City. Once approved, no changes, modifications or
alterations shall be made to any plan detail, standard, or specifications without prior submission of a
plan modification request t i.,the City for review and approval
(1) Qualifications.\Proposed minor structural additions involving ten(10)percent or less of the total
total
fit.aokajr and proposed minor site modifications involving ten (10)percent or less of the
existing site area which meet all ordinance requirements may be approved by the Zoning
Administrator prior to a building permit being issued and shall not require Planning Commission
or Council review,subject to the following:
(A) This Section shall apply in the cases of new developments which have received City
Council also ncilplan approvak but for which building permits have yet to be taken. This Section
apply t
existing developments on file which have City Council approved site
4111 plans.
(B) Compliance with all Ordinance requirements shall be construed to include all adopted
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-53
policies and codes. 410
(C) Any variances from Ordinance and policy requirements shall be subject to the established
review and hearing procedures for site plan and variance approval.
(D) Plans submitted for minor structural additions or minor site alterations under the terms of
this Section shall be the same as those required for site plan approval.
(E) A copy of the plans approved under this Section shall be appropriately certified by the
Zoning Administrator and placed on file with the City Council approved plans.
,
(2) Procedures. Pursuant to Minnesota Statutes 15.99,an application for modification shall be
approved or denied within sixty(60) days from the date of its official and complete submission
unless extended pursuant to Statute or a time waiver is granted by&applicant. Requests for plan
modification, as provided within this Chapter, shall.files with the Zeiiiing Administrator on an
official application form. The applicant's signature shall be provided on the application form.
Additionally, if the applicant is not the fee owner of the property,the fee owner's signature shall
also be provided on the application form,or the slAfIl,provide separate written and
signed authorization for the application from the fee owner. shall be
accompanied by a fee,and an escrow deposit towardreimbursement of the City for all out-of-
pocket costs that are incurred for processing, an the application,as provided
by City Ordinance.
11.9 Lapse of Approval.
110
,
(1) Unless otherwise specified by the Zoning,Ad, Instrat 0,. ,kr;Fity Council as may be applicable,the
site plan approvalshall1. become null and void one(1) year,Ifter the date of approval,unless the
property own; or'applicantzhas substantia4started the construction of any building, structure,
addition or4: --.fion,or uC,,. quested as part the approved plan.The property owner or
applicant i al 411‘ he right:o submit an apite.,afion for time extension in accordance with this
Art ,,, ,
section.
414 , :4,714,,,,v,,4,5*,,,,,,N,,,,,*,, 4,
(2) An application19,exterii ei:aPproval o 'asite plan for up to an additional one(1)year shall be
/submitted to f7tping Air Ufstrator not less than thirty(30) days before the expiration of said
,..e4 approval. Such 11 Jicatio'''shall state the facts of the request, showing a good faith attempt to
4"
141.ize the site plan 'approval. a , it shall state the additional time being requested to begin the
rived construction.The request shall be heard and decided by the Zoning Administrator prior
to'ffi....61vse of appro 4tof the original request. A request pertaining to a major project involving a
longer POrIod of time than one(1)year or a second request for a time extension of a major project
shall be presented to the Planning Commission for recommendation and to the City Council for a
decision. Additional requests for a time extension of a minor project may be approved by the
Zoning Admi ,isrrator, subject to the same procedures established for the first time extension as
outlined above.
(3) In making its determination on whether an applicant has made a good faith attempt to complete
the improvements shown on the approved site plan, the Zoning Administrator or the City Council,
as applicable, shall consider such factors as the type, design, and size of the proposed
construction, any applicable restrictions on financing,or special and/or unique circumstances
beyond the control of the applicant which have caused the delay. •
City of Scandia Development Code DRAFT JANUARY 28,20 I() Chapter I-54
11.10Site Improvement Performance Agreement and Financial Guarantee. Following the approval of the site
plan required by this Chapter and before issuance of a building permit,the applicant,as may be
applicable, shall guarantee to the City the completion of landscaping and any other private exterior
amenities or improvements as shown on the approved site plan and as required by the site plan
approval. This guarantee shall be made by means of a site improvement performance agreement and a
financial guarantee as provided below:
(1) The applicant shall execute the site improvement performance agreement on forms provided by
the City. The agreement shall be approved as to form and content by the City Attorney and shall
define the required work and reflect the terms of this Section as to the required guarantee for the
performance of the work by the applicant.
(2) The required work includes, but is not limited to,private exterior amenities such as landscaping,
private driveways,parking areas, recreational fields and their relatedstr,Uctures, drainage systems,
water quality ponds, wetland mitigation,wetland bOte41 erosion control,curbing, fences and
screening, and other similar facilities. The required work shall also include all aspects of a tree
preservation plan and reforestation plan,if applicable. \
\
(3) A financial guarantee shall be submitted with the executed site agreement as
' Nzr
provided herein:
(A) Financial guarantees accepfahle to the City include 'a.$h.escrow; an Irrevocable Letter of
NVOctk
Credit;or other financial instrument, hich provide equivalent assurance to the City and
410 which are approved by the Zdiiing 1114, 4itrator.
it*A4k
(B) The term of the financial guarantee shMl be 'Zi*ttq),:ife of the site improvement
performancea eement, and it sh Ate the respo:'Sibility of the applicant to ensure that a
submittedfinancial‘tiarantee shall ritinue in full force and effect until the Zoning
Admini trator shallhave approved a'nd accepted all of the work undertaken to be done
and shatilkereby have released the gurantee or reduced the amount of the guarantee as
provided i Section.
4ktrare "44 ,11,1,1,;<
f,084IAatt,q '4*:At
/1f(C•) When any inst cut submitted as a financial guarantee contains provision for an
e7'
automatic :pxpiratisit:.„91.,ate, after which the instrument may not be drawn upon,not
:utf,
withstanding the status,of pe site performance agreement or of the required work,the
e it‘e
expiration date shall be October 31; further, it shall be the responsibility of the applicant
*tit
to notify the City . writing,by certified mail,at least sixty(60) days in advance of the
expiration date;of the intention to renew the instrument or to not renew the instrument. If
the insti-urnent is to be renewed, a written notice of extension shall be provided thirty(30)
clgik:ioi-e to tbe expiration date; if the instrument is not to be renewed, and has not been
released by the Zoning Administrator, another acceptable financial guarantee in the
appropriate amount shall be submitted at least thirty(30) days prior to the expiration. The
term of any extension shall be approved by the Zoning Administrator. Upon receipt of an
acceptable substitute financial guarantee,the Zoning Administrator may release the
original guarantee.
(D) The amount of the financial guarantee shall be established by the Zoning Administrator
based upon an itemized estimate of the cost of all required work. A cash deposit or
41110 Irrevocable Letter of Credit shall be in the amount of one hundred(100) percent of the
approved estimated cost. The amount of any other approved financial instrument shall be
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-55
determined by the Zoning Administrator.
(E) The applicant may submit a separate financial guarantee for that portion of the required
work consisting solely of landscaping improvements with another financial guarantee for
all other exterior amenities and improvements which comprise the work.
(F) The time allowed for completion of the required improvements shall be set out in the site
improvement performance agreement. The agreement and the financial guarantee shall
provide for forfeiture to the City to cure a default or reimburse the City the cost of
enforcement measures. As various portions of such required work are completed by the
applicant and approved by the City,the Zoning Administrator may rel
ease such portion of
the financial guarantee as is attributable to such completed work. Landscaping
improvements shall not be deemed complete until the City
has verified survivability of all
required plantings through two winter seasons, which is defin the purpose of this
Section as the 18-month period of 31 October rough 30 April of,ftle second year
‘,4
thereafter. e,
(G) The applicant shall notify the City in writing when all or a portion of the4q%ired
improvements have been completed in accordance with the approved plan and may be
inspected.Upon receipt of such notice,the Zgiii4 Administrator shall be responsible for
the inspection of the improvements to determineigat the usefullife of all work performed
meets the average standards for particular industry, of ession, or material used in the
rm perfoance of the work. AR% e,11 work failing ritl;e,,,sich standards shall not be
deemed to be complete and th",,,aPp*ilik shall be notifie,wiii writing as to required
corrections. Upon determinatio 'that the,1.k
has been,'Eompleted, including the winter •
season survivability of all landscape improvements,tnotice of the date of actual
completion shall given to the applicant and apirOpriate action,to release or to reduce
the ariount of the financial guarantee shall be taken by the Zoning Administrator.
1 1.1 1Minnesota State Building Whe review and approval of site improvements pursuant to the
ft4441%
requirements of City adoptedtsbuitain o s shall be in addition to the site plan review process
establisltegrAtVer,thils secti*Tii:esite approval process does not imply compliance with the
requireiften -,`hese:,buildingUd
-‘ 4s*
Pe'
Wsv
•
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-56
4110 SECTION 12.0 ENVIRONMENTAL REVIEW
12.1 Purpose. The purpose of this section is to determine whether certain projects have or may have the
potential for significant environmental effects and should undergo special procedures of the Minnesota
Environmental Review Program and Minnesota Environmental Quality Board.
12.2 General Provisions.
(1) No development project shall be approved prior to review by the Zoning Administrator to
determine the necessity for completion of an Environmental Assessment Worksheet (EAW) or
Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the
Minnesota Environmental Quality Review Board(EQB) regulations for the Environmental
Review Program authorized by Minnesota Statute 116D.Q4 and 11 6D.04S and specified in
Minnesota Rules Parts 4410.0200 to 4410.7800.
.,‘..
(2) Environmental reviews(EAWs and EISs) shall be conducted as early as practical in the
processing of a development project. Time delays in the normal permit process caused the
filing and review of the EAW or EIS shall nfithe'Considereditiart of the permit approval time
requirements set forth within this Chapter. Such delays shall be as adational required
time for each required permit. The permit process for*?1 -oposed project may be continued from
the point it was interrupted by the,,EAW/EIS process. 1JO'*4ecision on granting a permit or other
approval required to commence th'rl'oject may be issuedhhfil,the EAW/EIS process is
completed.
110 12.3 Environmental Assessment Worksheets(EAWs) 1471,3kv,,
,vv
(1) Purpose. The PIIIPOSC ofanEAW is to rayy assess, inc 'Worksheet format, whether or not a
proposed action,‘ as t hpoten1ial for signifiCant environmental effects.
(2) Mandatory.EAWs.The prcparat ion of an EA ,'"1$1.1all be mandatory for those projects that meet or
exceed the thresh1ds eontincde State Fivironmental Review Program regulations,
MirmesotttRules 4410.4300, as may be amended.
,A‘"4410,1016., "mtr
(3)e::Discretionary'lWs. A discretionary EAW may be required when it is determined that,because
of the nature or ton of a'proposcd project,the project may have the potential for significant
'vcenvironmental elTets.The 7.oiing Administrator may suggest and/or the City Council may
se`Sre the preparati '.tsof a discretionary EAW if it is determined that a development project may
have some significantenvironmental impact or when there is a perception of such,provided that
the project is not spe J.fically exempted by Minnesota Rules 4410.4600, as may be amended.
4,4tv'
(4) Procedures.
(A) Preparation and Distribution.
1. If the Zoning Administrator determines that an EAW shall be prepared, the proposer
of the project shall submit an"Application for Environmental Review"along with the
completed data portions of the EAW. The applicant shall agree in writing, as a part of
the application, to reimburse the City prior to the issuance of any permits for all
41111, reasonable costs, including legal and consultants' fees, incurred in preparation and
review of the EAW.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-57
2. Pursuant to Minnesota Rules 4410.1400,the Zoning Administrator shall promptly
review the submittal for completeness and accuracy. If the Zoning Administrator
deter mines that the submittal is incomplete, the submittal shall returnedbe to the
proposer for completion of the missing data. If the Zoning Administrator determines
that the submittal is complete,the proposer shall be notified of the acceptance of the
submittal within five days. The Zoning Administrator shall have 30 days from
notification to add supplementary material to the EAW,if necessary,and to approve
the EAW for distribution.
3. Within five(5) days of approving the EAW for distribution,
the Zoning Administrator
shall distribute copies of the EAW to the EQB for publication of the notice of
availability of the EAW in the EQB Monitor. Copies shall be distributed at the same
time to the official EAW distribution list maintained b "tIi4.0eESB staff. Within five(5)
days of submission of the EAW to the EQB,the Zoning Administrator shall provide a
press release to the City's official newspaper, containing notice of availability of the
EAW for public review. Ilk
(B) Neighboring Property Owner Notif afb ,'
1. Upon completion of the EAW for distribution,the Zoning Administrator shall provide
mailed notice of the availability of the EA\k`A°Igi date of the meeting at which the
viv„
Planning Commission winconsiaer the matterla I property owners within at least
seven hundred and fifty lb f"ee‘kof the boundariekof teproperty which is the
subject of the EAW. Said AotiC6421p,e4,T,ailed at minimum ten(10) days before the
date of the Planning Conmission meeting during which the EAW will be considered. •
k ,,,o" -4Votittoo,w,
2. Fail loi'4%,libperty owner to',receive notice pall not invalidate any such proceedings
.i '„Att,t,.
as 'forth: i ,this Chapter.'N*
(C) Revie ii4:lannint,Commission. During the thirty(30) day comment period that follows
publicatio X,064,be.A k .o ,,,,„ ailabilitibf the EAW in the EQB Monitor,the Planning
44commission a:I revie '.t E ',., o, he Commission shall make recommendations to the
CitS}, 0" cil reg 40 Potential environmental impacts that may warrant further
.4,
investigation befor '.12" ..yrojieet is commenced and the need for an EIS on the proposed
project.
Decision by City Council. The City Council shall make its decision on the need for an
4(I)) • •
E,JS for the proposed project at its first meeting more than ten(10)days but not more than
Ntnirty(30)days after the close of the comment period. The Council shall base its decision
"Itrl,o,
on\ttie.,need,A;r an EIS and the proposed scope of an EIS on the information gathered
:,,tottt"N o
during the AW process and on the comments received on the EAW. Pursuant to
Minnesota Rules 4410.1700, in deciding whether a project has the potential for significant
environmental effects, the following factors shall be considered:
1. Type, extent and reversibility of environmental effects.
2. Cumulative potential effects of related or anticipated future projects.
3. The extent to which the environmental effects are subject to mitigation by ongoing
1111
public regulatory authority.
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-58
4. The extent to which environmental effects can be anticipated and controlled as a result
of other environmental studies undertaken by public agencies or the project proposer,
or of EISs previously prepared on similar projects.
(E) Within five(5) days of Council's decision on the need for an EIS,notice shall be
provided to all persons on the EAW distribution list, to all persons who commented in
writing during the thirty(30)days comment period,to the EQB staff for publication of
the decision in the EQB Monitor and to any person upon written request.
,,'•
by
id(5) Mitigation Measures. Any measures for mitigating that are consideredi,i ,P-ie City Council in
making their EIS need decision may be incorporated as conditions for approval of conditional use
permits,variances,and/or site plan requests as required by this chapter.
12.4 Environmental Impact Statements(EISs).
(1) Purpose.The purpose of an EIS is to provide information for govemmenta units,the proposer of
the project and other persons to evaluate proposed projects which have the potential for
significant environmental effects,to consider alternatives to the proposed projects and to explore
1
methods for reducing adverse environmental effects. ,‘
(2) Mandatory EISs. An EIS shall be prepared for any projicithat meets or exceeds the thresholds of
any of the EIS categories listed in Minnesota Rules 4410.440,ns may be amended.
47,Vtitt'k, ,ki ',
(3) Discretionary EISs. An EIS shall be preparedwhen the City
Council determines that,based on
46 the EAW and any comments or additional inforinatiOnreceived(huring the EAW comment
period,the proposed project has the potential07sigifi4,10\,ironmental effects, or when the
City Council and Of proposer of the proteOl agree that an EIS should be prepared.
(4) Procedures.
(A)
-,,(A) All projcèts requiringan US must havekan EAW on file with the City,which will be used
%tdettetinine elope of EIS
the E1Ss shall be prepared according to the procedures
andrequirementsAthe State n -ionmental Review Program,Rules 4410.210°-
4410.3 9°44.,?s may be The costs of preparation of an EIS shall be assessed to
the project proposer with Minnesota Rules Parts 4410.6000 to 4100.6500,
,,e•},ke.#4,
as may be amended.
•=0,,M4,
(BY1,.Any
proposal, project or use on which an EIS is required shall be considered a conditional
use as defined in the current Zoning Ordinance and shall comply with the procedure for
'V40,
approval oca.conditional use permit. Mitigating measures identified in the EIS shall be
incorporated as conditions of issuance of the conditional use permit.
1
ill
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-59
SECTION 13.0 NONCONFORMING BUILDINGS, STRUCTURES, USES AND LOTS
13.1 Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings,
structures,uses, and lots, and to specify those requirements,circumstances, and conditions under which
nonconforming buildings, structures,uses, and lots will be operated, maintained, and regulated. It is
necessary and consistent with the establishment of the Development Code that nonconforming
buildings, structures, uses,and lots not be allowed to continue without restriction.Furthermore, it is the
intent of this section that all nonconformities shall be eventually brought into conformity.
13.2 General Provisions.
(1) Conditional Uses. Any established use,building or lot legally existing prior to the effective date
,
of this chapter and which is herein classified by this Development Code as requiring a conditional
use permit may be continued in like fashion and activity and shall automatically be considered as
having received conditional use permit approval. An change'to such a use or building shall
however require a new conditional use permit be processed according to this Chapter.
(2) Interim Uses. Anyestablished use,buildin idrlt tlegally ex*dig prior to the effective date of
g� ,�;
this chapter,and which is herein classified by this' t pterr ` requiring an interim use permit may
be continued in like fashion and activity and shall au matically be considered as having received
ch interim use permit approval. Any ange to such a use *ilding shall,however,require a new
interim use permit be processed according to this Chapter. ,.
(3) Threats to General Welfare.Noncon ormi g buildings, structur 4 kind/or uses,which based upon
or
documented study and evidence,pose�a danger�nd�c�treat tot°�e health, safety,and general
welfare of the community, shall:
(A) Be lea "y decla e gnuisance by t he City Council.
(B) Upon ` identified'by the City Co' cil and upon the owner being notified in writing
by the Zo 1 nr"ttator the own, r shall provide to the City Council a documented
t e schedu pro wit"rationale to support the proposed amortization of the
r g, struct 124 ar use investments which will result in the termination or correction of
the no `onformity
1. The tnationlco ction time schedule shall be based upon,but not be limited to
4� factors sue/
iq
� x1'as the gnitial investment and the degree of threat or danger being posed.
The acceptability of the time schedule shall be determined by the City Council with
Vitt,ight of/appeal.
3. In tie case shall a time schedule exceed two(2) years.
13.3 Nonconforming Buildings and Structures.
(1) Restoration. Unless a building permit has been applied for within 180 days of when a property is
damaged,no lawful nonconforming building or structure which has been destroyed by fire or
other peril to the extent of greater than fifty(50)percent of its market value, as indicated in the
records of the county assessor at the time of damage, shall be restored, except in conformity with ill
the regulations of this Chapter. If a building permit has been applied for within 180 days of when
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-60
the property is damaged, the City may impose reasonable conditions when issuing the permit in
order to mitigate any newly created impact on adjacent property or water body.
(2) Alterations or Replacement. Alterations (e.g.,repair, normal maintenance,remodeling)or
replacement to a lawful nonconforming building or structure may be undertaken provided:
(A) The alterations or replacement do not expand the building size.
(B) The alterations or replacement do not change the building occupancy capacity, or parking
demand or sewage treatment requirements.
(C) The alterations or replacement do not increase the nonconformity of the building or the
use.
-*\
(3) Expansion of Nonconforming Buildings or Structures.
\444,
(A) Administrative Approvals. The expansion of lawful nonconforming agricultural or single
family residential buildings and structures may be approved through thek'adMinistrative
permit process subject to the provisions of Section this Chapter, provided that:
1. Expansion of principal or accessory buildingsfoiind to be nonconforming only by
reason of height, yard setback, or lot area may he provided the structural
nonconformity is not increased and the expansion complies with all other performance
ya,
standards of the Development
2. The Zoning Administrator finds that any .S qtfeqxpansion will not have external
negative 7ffiPacts upon adiacent,properties or public rights-of-way.
e 7014.,
3. Long,term sewage disposal needs'',can be met.
(B) ConditionalUse Prmit. Lawful nonconforming commercial, industrial,public, semi-
public, and multiple thmilyt,Lweturs may be expanded on the same lot by conditional
USC permit provided:
1. Except tar heighf,eard and setback or lot area, the expansion will not increase the
444eV,'A,;*
nonconformity of the Pounding or site. The new building expansion will conform to all
the applicable perfOrmance standards of this Chapter. A conditional use permit shall
not be issued under this section for a deviation from other requirements of this
4*, fee
Chapter unless variances are also approved.
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e
2. The request for conditional use permit shall be evaluated based on standards and
criteria set forth in Section 8.0 of this Chapter.
3. Long term sewage disposal needs can be met.
4. Buildings or Structures in the Floodplain Overlay District. Notwithstanding
paragraphs 1 and 2 above, any restoration, alteration, replacement, repair, or
expansion of a building or structure located within the floodplain overlay district shall
be regulated to the extent necessary to maintain eligibility in the National Flood
Insurance Program, and in no case shall increase potential flood damage or increase
City of Seandia Development Code DRAFT JANUARY 28,2010 Chapter 1-61
the degree of obstruction to flood flows in the floodway. 111/
13.4 Nonconforming Uses.
(1) Effective Date. The lawful use of buildings or land existing at the effective date of this Chapter
which does not conform to the provisions of this Chapter may be continued, unless:
(A) The nonconformity or occupancy is discontinued for a period of more than one(1)year.
(B) Any nonconforming use is destroyed by fire or other peril to the extent of greater than
fifty(50) percent of its market value,as indicated in the records of the county assessor at
the time of damage, and no building permit has been appliedt for within 180 days of when
the property is damaged. If a building permit has been applied for within 180 days of
when the property is damaged, the City may impose reasonable Oooditions when issuing
the permit in order to mitigate any newly created iMPact on adfa':::*property or water
.,.
body.
tlt
(C) Notwithstanding item(B)above,any'norieonformin :use located in the fleedplain overlay
Nov,
district that is destroyed by fire or other peritLethee' tent,of greater than'fifty(50)
percent of its market value,as indicated in the records of the county assessor at the time
of damage, shall be regulated to the extent necessary to maintain eligibility in the
National Flood Insurance Program, and in no case shall„be continued or reestablished in a
manner that results in potenTia,,bd damage or ohsfructs flood flows in the floodway.
(2) Continued Use. A lawful,nonconforming use mot continued including through repair,
replacement,restoration, maintenance, o timOVemeniF,AVided,however,that no such
nonconforming us,girdshall be enlarged, increased,Or shall any such nonconforming use be
expanded to occupy a greater‘area of land Ithan that occupied by such use at the time of the
adoption of this no,'shall any such neticonfoiming use be moved to any other part of the
parcel of land upon which same was conducted at the time of the adoption of this Chapter.
1:3\ ito'
, ,- ,.•'
(3) Changes'to,,,Noncon ,rim g Uss.
(A) WhenlaWful nonconforming use of any structure or land in any district has been
00' ‘sw,lt. ,4
changed't ,,.4.,.,conformin ,I tse, it shall not thereafter be changed to any nonconforming use.
v4 e
(.P) A lawful noOebilformi g use of a structure or parcel of land may be changed to lessen the
.I '
'*4\,.ponconformity of'use. Once a nonconforming structure or parcel of land has been
"- changed it shall not thereafter be so altered to increase the nonconformity.
13.5 Nonconforming Lots..,, '
)
(I) Vacant Lots, Single Family Detached Dwellings. A legal nonconforming, substandard lot of
record that is vacant may be developed for one single family detached dwelling without variances
and upon approval of an administrative permit,provided that:
(A) The lot was legally established in accordance with all applicable zoning and subdivision
requirements existing at the time of its creation and is a separate, distinct tax parcel.
le(B) Development of the lot is consistent with the Comprehensive Plan and the lot is properly
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-62
4111 zoned for single family use.
(C) The lot shall be at least sixty-six percent(66%)of the dimensional standards for lot size
and lot width as required by the zoning district and/or the Shoreland Overlay District as
applicable.
(D) The lot has frontage and access on an improved public street or an approved private road.
To be considered an approved private road,the City Council must,by resolution, find that
the road is capable of supporting emergency vehicles and that provisions exist for on-
going maintenance of the road.
(E) The lot must be suitable for the installation of a Typel sewage treatment system
consistent with Washington County regulations for Subsurface Sewage Treatment
Systems or be connected to the city's 201 Community Sewage Treatment System.
(F) All structure and septic system setbacks shall be met.
(G) Impervious surface coverage must not exceed twenty-Live percent(25 %)irtl
(H) If in the case of two or more contiguous lots or ofSland under a single ownership,
any individual lot or pare 1 does not meet the thfrilinurn requirements of this
Development Code, each individual lot or parceISA b
btconsidered be asaseparate
parcel of land for purposes development. lots
mustcombined with
adjacent lots under the same ownership so the combination of lots will equal one or
more conforming lots as much as possible, each individual lot is at least 66%of
the dimensional standards for lot sue 'co'eltsk*fia meets the requirements of
paragraphs 1)\ ough(G), abov\/
(2) Developed,.4; existiionformin repaired,
bounding on a lot of substandard lot area or lot
width mafbelt,ed, replaced,g br expanded provided such restoration,
alteration,replac61Lefil::-w.ans ion complies with all other provisions of this Chapter. A
nonconforming lot s bt bek ed in size. A conforming lot shall not be reduced in size so
that it would become ni j forming in anaspect of this development code.
Aktii
Av4t
13.6 Overlay Districts. Noneonfirming\lijidSs and uses as described in the Shoreland Management
OverlayDistrict and the Floodplain lanagement Overlay District of this Chapter shall be subject to the
*r,V
app]kable regulations andltandarderelating to such buildings and uses in that section.
14t
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-63
SECTION 14.0 OFFICIAL MAPS
14.1 Purpose. Land that is needed for future street purposes and as sites for other necessary public facilities
and services is frequently diverted to non-public uses which could have been located on other lands
without hardship or inconvenience to the owners. When this happens,public uses of land may be
denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and
occupants of the land. Identification on an official map of land needed for future public uses permits
both the public and private property owners to adjust their building plans equitably and conveniently
before investments are made which would make such adjustments difficht to`accomplish. It is the
purpose of this ordinance to provide a uniform procedure for the proper use of official maps as
authorized by the Minnesota Municipal Planning Act,MinnesotaSta al Section 462.351 to 462.36.
4
14.2 Official Map Defined. "Official map"as used in this ordinance Bans a nia adopted in accordance
with this ordinance showing existing streets,proposed future streets, and the a needed for widening
of existing streets of the City. An official map may also show the location of exi� ng and future land
and facilities within the City. An official map may Cover the entire City or any porti a£the City.
14.3 Initiation of Proceedings. Proceedings for adoption,amendment or re eal of an office yl mapor any
t P
part thereof may be initiated by 1)the City's Planning Divisiion;2)a recommendation of the Planning
Commission; or 3)action by the City Council.
14.4 Referral to Planning Commission. Every proposed official map ore e n a map shall be referred to
the Planning Commission for advice and rccommendation thereon,anV,r uch recommendation shall be
submitted to the City Council within 45 day after reference to the Planning Commission along with
ter.: � � �>,��� `
the report of the Commissionon the effect of the proposal onthe comprehensive plan of the City. If no
recommendation is receive .,the Council from�,�the Planning4Commission within 45 days after
reference of the pro.o 'al to the>commission by tli Council,the Council may take such action as it
may deem proper po ,the props sal without furthe` action by the Planning Commission.
eift
14.5 Notice and Hearing. ok•
(1) Upon re e the reco 'endation oft e Planning Commission or after 45 days from the
submission o` i�proposa to the Planning Commission without a recommendation from the
Commission,the ancil mal=a public hearing on the proposal. A notice of the time,place,
andpurpose of the Baring and,a description of property to be included in the mapped streets and
public grounds shall published in the official newspaper at least 10 days prior to the date of the
hearin . At least 10 Os prior to the hearing the Clerk shall also mail a copy of the notice to
each owner of land situated within or abutting any street or other public ground shown on the
official mapFor purposes of this notice the owners shall be determined by the records of the
County Audit rand the notice shall be addressed to the last known address as shown by the
Auditor's records. Failure to serve any such notice shall not invalidate the proceedings.
(2) Hearing. At the time and place specified in the notice,the Council shall hear evidence and
arguments concerning the proposal. The hearing may be continued from time to time without
further notice. The Council may direct the Planning Commission to conduct a hearing and
following the hearing to report its recommendation to the Council.
14.6 Preparation and Filing of Maps. The official map or maps shall be prepared in sufficient detail to •
permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a
City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-64
IIcenterline survey shall be made prior to the preparation of the final draft of the official map. The
accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land
surveyor. After enactment of any ordinance adopting an official map or amending or repealing a
previous official map ordinance, a certified copy of the official map or section to which the ordinance
relates together with an attached copy of the ordinance shall be filed with the County Recorder.
14.7 Effect. After an official map has been adopted and filed,the issuance of building permits by the City
shall be subject to the provisions of this ordinance. The City shall deny every application for a permit
to construct a new building or structure or expand an existingbuilding or structure within any area
designated on the official map for street or other public purposes. Whenever street or highway is
widened or improved or any new street is opened,or anyinterest in lands for other public purposes is
acquired by the City,the City is not required in suchproceedingsu to iia%p,any building or structure
placed without a permit or in violation of conditions oftirithin t limits of the mapped street
or outside of any building line that may have been establishedPe tv the exi gr-eet or within any
area thus identified for public purposes. The adoption o,f‘a OApial map does ‘Of.sive the City any
right,title,or interest in areas identified for public purposes thereon,but the ado tiOupf the map does
authorize the City to acquire such interest without paying compensation for buildings or structures
erected in such areas without a permit or in violation rif the conditions of a permit.
14.8 •
14.8 Appeals. Whenever a building permit is denied pursuant to this I: rdinance, the Board of Appeals and
Adjustments shall,upon appeal filed with it by the owner of the land, grant a permit for building in an
area designated on the official map for aSli
street or other public p purpose in any case in which the Board
finds,upon the evidence and the argumentePie'ented to it,(a)that theientire property of the appellant
of which the area designated for public purposes forms cannot d a reasonable return to the
4111 owner unless such a permit is granted, or(b)ihat balancing 4 the
integrity of the official map and of the comprgensACit1 interest of. the City in preserving the
the interest of the property owner
in the use of his property and benefits of ownership, the grant of such permit is required by
considerations of justte and equity. The Board 9hAapspbea s and Adjustments shall hold a public
hearing upon theat after no sie. of the hearingen published. in the official newspaper once at
least 10 days be ore t - Paring.j'the Board authilisigtCthe issuance of a permit, it shall specify the
exact location, ground area,'','11§. '''.44 ' r details a o the extent and character of the building for
which the permit is .it'rthe Boar' -authorizes. issuance of a permit, the Council or other Board or
CommisSion ' ljitisdicti Ai/. hall have six months from the date of the decision of the Board to
4e, 14'1 i
institute proceedingsA%4Iluire sue'`i, and or interest therein, and if no such proceedings are started
within that time,the City shall issueA'‘713'&init if the application otherwise confoons to local
()rakes. 111 r
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City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-65
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City of Scandia Development Code DRAFT JANUARY 28,2010 Chapter 1-66