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2.b) Zoning Regulations ' � � i � J DRAFT'January 2010 Chapter Two 0 Zoning Regulations CITY OF SCANDIA DEVELOPMENT CODE CHAPTER TWO ZONING REGULATIONS Table of Contents DRAFI'January 2010 Chapter Two 0 Zoning Regulations SECTION lA TITLE, ZONING MAP,USES NOT PROVIDED FOR WITHIN DISTRICTS 1.1 Title.This Chapter shall be known,cited and referred to as the Scandia Zoning Ordinance except as referred to herein, where it shall be known as"this Chapter." 1.2 Zoning Map•The locations and boundaries of the districts established by this Chapter are hereby set forth on the Scandia,Minnesota Zoning Map;and said Map is hereby made a part of this Chapter. Said Map and all notations,references and data shown thereon are hereby incorporated by reference into this Chapter and shall be as much a part of it as if all were fully described herein.The boundaries between districts are ei�ke�-the center lines of streets or railroad rights-of-way, lot lines,or section lines. In the case of unsubdivided property,or in any case where rights-of-way, lot lines,or section lines are not used as boundaries,the district boundary lines shall be deternuned by use of dimensions or the scale appearing on the Map. 13 Uses not Provided for within Zonint�Districts. OPTION 1: Whenever in any zoning district a use is not specifically allowed as a pernutted accessory, conditional,or interim use,nor is such use allowed by administrative pennit,the use shall be considered prohibited.In such cases,the City Council or the Planning Commission,on their own initiative or upon request,may conduct a study to deternune if the use is acceptable and if so,what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use.The City Council,Planning Commission or property owner may initiate an amendment to the Zoning Ordinance to provide for the particular use under consideration,or the City may find that the use is not compatible for development within the City. OPTION 2: Within the Citv's zoning districts,no land or buildin�s mav be used or occupied in any manner excent for the uses set forth as a nernutted,accessorv,conditional or interim use nor use allowed bv administrative permit. If a proposed use is not specificallv identified in this Chanter the Zonin�Administrator shall issue a statement of clarification, findin�that the use is or is not substantiallv similaz in character and impact to a use ret;ulated in this Chapter If the use is not substantiallv similaz to anv other reQulated use,the ZoninQ Administrator shall refer the matter to the Citv Council for determination. Uses determined not substantiallv similaz to anv other re�ulated use shall be considered prohibited.Uses deternuned substantiallv similaz to anv other regulated use may be pernutted under the reeulations of the similaz use. Ciry of Scandia Development Code 2_1 DRAFT lanuary 2010 Chapter Two 0 Zoning Regulations SECTION 2.0 DISTRICTS 2.1 Establishment of Districts. The City is divided into the following districts: (1) Agriculture District(AG) (2) Agriculture Preserves District(AP) (3) General Rural District(GR) (4) General Rural Traditional Lakeshore(GR TL) (5) Village Neighborhood A District(VN A) (6) Village Neighborhood B District(VN B) (7) Village Mixed Use District(VMU) (8) Rural Commercial District(R COMM) 2.2 Establishment of Overlav Districts The following Overlay Districts are applied in the City: (1) A¢gre�ate Mining Overlav District Properties within the Aggregate Mining Overlay District are regulated according to Section 2.11 of this Chapter,and to according to Chapter 4 of the Scandia Development Code. (2) Shoreland Management Overlay District Properties within the Shoreland Management Overlay District aze regulated according to Chapter 5 of the Scandia Development Code. (3) Floodplain Overlav District.Properties within the Floodplain Overlay District aze regulated according to Chapter 6 of the Scandia Development Code. 2.3 Lower St.Croix River Corridor Overlay District The City adopts by reference the Washington County Lower St.Croix River Bluffland and Shoreland Management Ordinance,as amended,until such time that the City Council adopts a City of Scandia Lower St. Croix River corridor ordinance for this zone. Until such time,properties within the Lower St. Croix River Corridor Overlay District are regulated according to the Washington County Lower St.Croix River Bluf�land and Shoreland Management Ordinance with the exception that lots must meet the density and lot requirements of the Agriculture District(AG). 2.4 Asriculture District1AG� (1) P ose.The AG District is established to protect and preserve land for long-term agricultural production and to preserve the rural character of the City. AG District areas are designated Agricultural Core in the Comprehensive Plan. (2) Pernutted Uses.The following are permitted uses in the AG District. City of Scandia Development Code 2 2 DRAFT January 2010 Chapter Two 0 Zoning Regulations (A) Agriculture (B) Single Family Residential (C) Agricultural Business- Seasonal (D) Community Residence(serving 1 to 6 persons) (E) Essential Services (F) Public Recreation Facility (3) Accessorv Uses.The following uses are pernutted accessory uses in the AG District,subject to the applicable provisions of this Chapter. (A) Accessory Structures (B) Accessory Apartments (C) Daycare Facility(Nursery,Day) located within a residential setting,serving 14 or fewer persons and licensed under Minnesota Rules,parts 9502.0300 to 9502.0445 (D) Exterior storage of personal property (E) Home Occupation (F) Fences (G) Kennel,Private (H) Keeping of Livestock (n Play and recreational facilities,including swimming pools,for private use (J) Signs Ciry of Scandia Development Code 2_3 DRAFT January 2010 Chapter Two 0 Zoning Regulations (4) Uses with a Conditional Use Permit.The following uses are permitted in the AG District after the issuance of a Conditional Use Permit: (A) Balloon Port-Commercial (B) Bed and Breakfast Inn (C) Cemeteries (D) Essential Services-Utility Substation (E) Feedlot (F) Golf Course (G) Golf Driving Range (I-� Government Uses,Buildings and Storage (I) Horse Training Facility,Commercial(over 10 horses) (� Open Space Conservation Subdivision (K) Place of Worship (L� Planned Umt DeVelOpment [to be evaluated later in the Ordinance update processJ (M) Plant Nursery (N) Resorts/Conference Facilities (0) Schools (P) Wind Energy Conversion System(WECS) (Q) Wireless Communication Facility (R) Yard Waste Facility (5) Uses with an Interim Use Permit.The following uses are pernutted in the AG District after the issuance of an Interim Use Permit. (A) Commercial Kennel (6) Uses with an Administrative nermit. The following uses are permitted in the AG District after the issuance of an Administrative pernut: (A) Horse Training Facility,Commercial (10 or fewer horses) Ciry of Scandia Development Code 2� DRAFT lanuary 2010 Chapter Two 0 Zoning Regulations (B) Temporary Farm Dwelling (C) Temporary Dwelling Unit-Care Facility (D) Temporary Dwelling Unit-Construction (7) Lot Area and Setback Requirements in the Agriculture District(AGZ Densit 4 dwellin units er 40 acres Minimum lot size Unless the parcel is part of an approved Open Space Conservation Subdivision or Planned Unit Development,lots must be 2.0 to 5.0 acres,or 20 acres or eater. Minimum buildable area 1.0 acres Minimum frontage on all public Lot size of 2.0 to 3.0 acres: 160 feet roads Lot size greater than 3.0 acres and less than 4.0 acres: 240 feet Lot size of 4.0 acres or eater: 300 feet Maximum lot covera e 25% Minimum Buildin Setbacks: Front 40 feet Side 20 feet Rear 50 feet Minor Arterials 150 feet from centerline,or 75 feet from the right-of-way, whichever is eater Major or Minor Collectors 100 feet from centerline,or 50 feet from the right-of-way, whichever is eater Maximum Buildin Hei t 35 feet City of Scandia Development Code 2-5 DRAFT January 2010 Chapter Two 0 Zoning Regulations 2.5 A�riculture Preserves District(AP� (1) P se.The AP District establishes a density of one dwelling unit per 40 acres,making those specific parcels of land eligible for the Metropolitan Agricultural Preserves according to Minnesota Statute 473H, as amended,to remain in long-term agricultural production. AP District areas are designated Agricultural Core in the Comprehensive Plan. Commercial and industrial operations are not allowed on land within the Agriculture Preserves District, except: (1) small on-farm commercial or industrial operations normally associated with and important to farming in the agricultural preserve area; (2) storage use of existing farm buildings that does not disrupt the integrity of the agricultural preserve; and (3) small commercial use of existing farm buildings for trades not disruptive to the integrity of the agricultural preserve such as a carpentry shop, small scale mechanics shop, and similar activities that a farm operator might conduct. (2) Permitted Uses.The permitted uses in the AP District are the same as those of the AG District, except as limited by Minnesota Statute 473H. (3) Accessorv Uses.The accessory uses in the AP District aze the same as those of the AG District, except as limited by Minnesota Statute 473H. (4) Uses with a Conditional Use Pernut The uses pernutted after the issuance of a Conditional Use Pernut in the AP District are the same as those of the AG District,except as limited by Minnesota Statute 473H. (5) Uses with an Interim Use Pernut The uses permitted after the issuance of an Interim Use Pemut in the AP District are the same as those of the AG District,except as limited by Minnesota Statute 473H. (6) Uses with an Administrative nermit The uses permitted after the issuance of an Administrative permit in the AP District are the same as those of the AG District, except as limited by Minnesota Statute 473H. (7) Lot Area and Setback Requirements in the Agriculture Preserves District(AP). Densit 1 unit er 40 acres Minimum lot size 40 acres Minimum buildable area 1.0 acres Minimum frontage on all 300 feet ublic roads Maximum lot covera e 25% Minimum Buildin Setbacks: Front 40 feet Side 20 feet Rear 50 feet Minor Arterials 150 feet from centerline,or 75 feet from the right-of-way, whichever is eater City of Scandia Development Code 2-6 DRAFT January 2010 Chapter Two 0 Zoning Regulations Major or Minor Collectors 100 feet from centerline,or 50 feet from the right-of-way, whichever is eater Maximum Buildin Hei ht 35 feet City of Scandia Development Code 2_� DRAFI'January 2010 Chapter Two 0 Zoning Regulations 2.6 General Rural District(GR� (1) Pu�ose. The GR District is established to provide for a rural residential area of mixed lot sizes. GR District areas are designated General Rural in the Comprehensive Plan. (2) Permitted Uses.The following are permitted uses in the GR District. (A) Agriculture (B) Single Family Residential (C) Agricultural Business- Seasonal (D) Community Residence(serving 1 to 6 persons) (E) Essential Services (F) Public Recreation Facility (3) Accessorv Uses.The following uses are pernutted accessory uses in the GR District,subject to the applicable provisions of this Chapter. (A) Accessory Structures (B) Accessory Apartments (C) Daycare Facility(Nursery,Day) located within a residential setting,serving 14 or fewer persons and licensed under Minnesota Rules,parts 9502.0300 to 9502.0445 (D) Exterior storage of personal property (E) Home Occupation (F) Fences (G) Kennel,Private (H) Keeping of Livestock (I) Play and recreational facilities, including swimming pools, for private use (J) Signs City of Scandia Development Code Z_g DRAFT January 2010 Chapter Two 0 Zoning Regulations (4) Uses with a Conditional Use Permit.The following uses are permitted in the GR District after the issuance of a Conditional Use Permit: (A) Balloon Port-Commercial (B) Bed and Breakfast Inn (C) Cemeteries (D) Essential Services-Utility Substation (E) Feedlot (F) Golf Course (G) Golf Driving Range (H) Government Uses,Buildings and Storage (n Horse Training Facility,Commercial(over 10 horses) (� Open Space Conservation Subdivision (K) Place of Worship (L) Planned Unit DeVelopment[to be evaluated later in the Ordinance update process] (M) Plant Nursery (I� ResortslConference Facilities (0) Schools (P) Wind Energy Conversion System(WECS) (Q) Wireless Communication Facility (R) Yard Waste Facility (5) Uses with an Interim Use Pernut.The following uses are permitted in the GR District after the issuance of an Interim Use Permit. (A) Commercial Kennel (6) Uses with an Administrative nermit.The following uses are permitted in the GR District after the issuance of an Administrative permit: (A) Horse Training Facility,Commercial (10 or fewer horses) City of Scandia Development Code 2_9 DRAFT January 2010 Chapter Two 0 Zoning Regulations (B) Temporary Farm Dwelling (C) Temporary Dwelling Unit-Care Facility (D) Temporary Dwelling Unit-Construction (7) Lot Area and Setback Requirements in the General Rural District(GRl Densi 4 dwellin units er 40 acres Minimum lot size 2.0 acres Minimum buildable area 1.0 acres Minimum frontage on all public Lot size of 2.0 to 3.0 acres: 160 feet roads Lot size greater than 3.0 acres and less than 4.0 acres: 240 feet Lot size of 4.0 acres or eater: 300 feet Maximum lot covera e 25% Minimum Buildin Setbacks: Front 40 feet Side 20 feet Rear 50 feet Minor Arterials 150 feet from centerline,or 75 feet from the right-of-way, whichever is eater Major or Minor Collectors 100 feet from centerline,or 50 feet from the right-of-way, whichever is eater Maximum Buildin Hei t 35 feet City of Scandia Development Code 2-10 DRAFT January 2010 Chapter Two 0 Zoning Regulations 2.7 General Rural Traditional Lakeshore District(GR TL� (1) Pur�ose•The GR TL District is established to allow for continuation of existing lakeshore neighborhoods that consist of traditional,small lot development. GR TL areas are designated as Lakeshore Traditional Overlay Area in the Comprehensive Plan.The GR TL District will not be expanded to areas that do not already consist of small lot development. (2) Permitted Uses.The following are pernutted uses in the GR TL District. (A) Single Family Residential (B) Community Residence(serving 1 to 6 persons) (C) Essential Services (D) Public Recreation Facility (3) Accessorv Uses.The following uses are permitted accessory uses in the GR TL District,subject to the applicable provisions of this Chapter. (A) Accessory Structures (B) Daycare Facility(Nursery,Day)located within a residential setting, serving 14 or fewer persons and licensed under Minnesota Rules,parts 9502.0300 to 9502.0445 (C) Exterior storage of personal property (D) Home Occupation (E) Fences (F) Play and recreational facilities,including swimming pools, for private use (G) Signs City of Scandia Development Code 2_�� DRAFT January 2010 Chapter Two 0 Zoning Regulations (4) Uses with a Conditional Use Pernut.The following uses are pernutted in the GR TL District after the issuance of a Conditional Use Pernut: (A) Essential Services - Utility Substation (5) Uses with an Interim Use Pernut.The following uses are permitted in the GR District after the issuance of an Interim Use Pernut. (A) (6) Uses with an Administrativepermit. l'he following uses are pemutted in the GR TL District after the issuance of an Administrative permit: (A) Temporary Dwelling Unit-Construction (7) Lot Area and Setback Requirements in the General Rural Traditional Lakeshore District(GR TL). Densi STANDARDS TO BE DETERMINED Minunum lot size Minimum buildable area Minimum frontage on all ublic roads Maximum lot covera e Minimum Buildin Setbacks: Front Side Rear Minor Arterials Ma'or or Minor Collectors Maximum Buildin Hei t City of Scandia Development Code 2 �2