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6.a)1) Section 4.0 Standards for Uses . , t � �� �� �,� � SECTION 4.0 STANDARDS FOR USES 4.1 Application. All uses shall comply with the rules and regulations of the zoning districts and any overlay zoning district(s) in which they are located,the development standards of this Development Code and with applicable rules and regulations of Federal, State, County, City and local agencies, in addition to the standards that may be provided by this Section. 4.2 Accessor�partments. An accessory apartment must comply with all of the following standards. (1) There shall be no more than one accessory apartment within the single-family dwelling unit. (2) The structure in which an accessory apartment is located shall be owner occupied. (3) No separate curb cut shall be permitted for the accessory apartment unit. (4) The owner shall obtain an administrative permit once a year in the month of January for the duration of the use,presenting at the time of such renewal,proof in the form of an affidavit � that the circumstances for which the^��*����*� ����m„'��„��permit was issued have not changed. 4.3 A�ricultural Business—Seasonal. Seasonal agricultural businesses must comply with all of the following standards. (l) The maj ority of product sold on the property shall be grown or raised on the property. No sale of product shall take place on any road right-of-way. � (2) Any temporary structure placed on the property for such sales must be removed at the end of � the selling season. The size of the temporary structure shall not exceed-�-98-120 square feet. (3) If deemed necessary by the Zoning Administrator, off-street parking may be required. (4) All structures, including temporary structures shall meet the minimum setback requirements of the zone in which it is located. 4.4 Bed and Breakfast. Bed and breakfast facilities must comply with all of the following requirements: (1) It is intended that bed and breakfast facilities be a converted or a renovated single-family residence and that this principal function be maintained. No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility; no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guests. The exterior appearance of the structure shall not be altered from its single-family character. (2) Primary entrance to the guest rooms shall be from within the dwelling unit. (3) Guests are limited to a length of stay of no more than thirty consecutive days. (4) No food preparation or cooking shall be conducted within any of the guest rooms. The only meal to be provided to guests shall be morning breakfast, and it shall only be served to guests taking lodging in the facility. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 1 (5) Activities including luncheons,banquets,parties, weddings, meetings, charitable fund raising, � commercial ar advertising activities, or other gatherings far direct ar indirect compensation, are prohibited at a bed and breakfast facility. (6) On-site parking, sufficient to handle all guest and owner vehicles, shall be provided. 4.5 Cemeteries. Cemeteries must comply with all of the following standards. (1) The minimum area of a cemetery shall be five (5) acres unless associated with a house of worship. (2) The site proposed for a cemetery or cemetery expansion shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. (3) Burial plots, grave markers,monuments and buildings operated in connection with a cemetery must meet the building setbacks and structure height requirements of the underlying zoning district. (4) Graves and structures used for interment shall be setback 50 feet from wells. 4.6 Essential Services -Utility Substation. The essential service must comply with all of the following standards. (1) Notwithstanding the prohibition against two or mare uses on an individual parcel,the lot area for essential service-utility substation can be acquired by lease provided,however,the lot shall be large enough so all structures/facilities comply with the required setbacks far the zoning � district. (2) The approved lot, when no longer needed or used by the utility, shall be returned to its original state by the applicant.The city may require a financial guarantee to ensure compliance with this standard. (3) The site shall be landscaped to screen the facility from view from property lines and road. 4.7 Golf Courses. (1) Accessory Uses. Accessory uses to a golf course are limited to a driving range,putting greens, a pro shop, a clubhouse, locker rooms, a restaurant and bar and maintenance buildings. (2) Performance Standards. A golf course must meet all of the following standards: (A) Landscaping shall be planted to buffer the use from adjacent residential land uses and to provide screening. A landscape plan shall be submitted to the Zoning Administrator at the time of application far a conditional use permit. (B) Storage and use of pesticides and fertilizers shall meet the standards of the State Department of Agriculture. A plan shall be submitted for pesticide and fertilizer use at the facility. (C) An environmental assessment worksheet may be required by the City far the development of a golf course facility. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 2 � 4.8 Golf Driving Ran�A golf driving range must meet all of the following standards: (1) Minimum lot area shall be 35 acres. The site shall be large enough so that safety netting is not necessary. ����-„«p�a�te�^�rbo �.nn n t��r t�r�„�i. i�-}!?j __ _ No lighting is allowed except for security lighting. 4�;��__A 150 foot setback from all property lines to the outer boundaries of the driving range fairway is required. �`�{41 A maximum of 25 hitting tees are permitted. (�?�___Miniature golf holes or any other amusement type activities are prohibited. f-�/�;6�__Access must be from a collector ar arterial street. �-�t;�l!"%; One office/storage building is permitted. The structure shall meet the setback requirements of the zoning district in which it is located. The use of the structure shall only be for the golf driving range. {4�(8)__ __ A public address system is prohibited. 4±���9� No liquor license will be pernvtted. � 4=�-=).�l_��_One business identification sign meeting the requirements of this Chapter is allowed. The sign shall not be lighted, shall be of natural color, and shall have a maximum height of 6 feet. �-}-�-j�l l 1 _Sanitary facilities shall be provided in accordance with applicable regulations. E���2�_There shall be no food preparation on site. f�}4}�l_?�__The facility is to be open-air type facility. A domed ar any other type of covered facility is prohibited. 4.9 Government Uses, Buildin�s and Starage• Government uses,buildings and storage must comply with all of the following standards: !11 Tl.o., ol .�, ,..+ L..,.,o ., .v, l�,r � o .,F�,.,., !Ll ., o vZ � uv..+.,. f���l� _Structures must be setback in accordance with the required setbacks of the zoning district. (�3��_____The site shall be landscaped to screen the facility from view from property lines and road. 4.10 Home Occupations. A home occupation must comply with all of the following standards: (1) No person, other than the residents of the premises, shall be engaged in such home occupation. (2) No traffic shall be generated by any home occupation in greater volume than would normally � be expected from a single-family residence. City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 3 (3) Any sign associated with the home occupation shall be in compliance with all regulations for � signs as provided by this Chapter. (4) The home occupation shall not gencrate hazardous waste. (5) A home occupation at a dwelling with an on-site sewage treatment system shall only generate normal domestic household waste unless a plan for off-site disposal of the waste is approved. (6) The home occupation shall not include the use or storage of hazardous materials or explosives, create radiation or electrical interference, create any nuisance as defined by this Chapter, or include exterior storage other than what is allowed for a single family residence. (7) There shall be no outdoor display or starage of goods, equipment or materials for the home occupation. (8) Parking needs generated by the home occupation shall be provided on-site. (9) The home occupation shall be carried out within the main dwelling or accessory buildings and shall not alter ar change the exterior character or appearance of the property 4.1 1 Horse Trainin�;Facilities. (1) All private and commercial horse training facilities must comply with all of the following standards: (A) Horse training facilities shall meet the setback and size requirements for detached � domesticated farm animal buildings and agricultural farm buildings as indicated in this Chapter T,.,,, „r,�.:,, r,�.,o�„�,,.o,.. r,.a� (B) Horse training facilities equipped with wash stalls shall be provided with a drainage and septic system separate from the principal structure. (C) All horse training facilities must meet the animal density per acre and livestock Ioperation requirements of this Chapter . (2) Commercial horse training facilities must meet the following additional standards: (A) One full time employee for the horse training facility may reside at the property, including the stable. Living quarters for the employee must meet the standards of the Uniform Building Code of Minnesota. (B) Every commercial horse training facility, or portion thereof,where the public is served shall be provided sanitary facilities in accordance with the regulations of the Uniform Building Code of Minnesota and Washington County Individual Sewage Treatment System Regulations. (C) The property owner of land to be used for a horse show must provide information on traffic volume, number of participants, sanitary service, and human and animal waste disposal. All events must comply with any applicable licensing or permitting requirements for special evcnts � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 4 � (D) A manure management plan may be required. 4.12 Keepin�of Animals (l) The keeping of animals accessory to residential and agricultural uses in all zoning districts shall be limited to domestic pets and domestic farm animals, subject to the restrictions of this chapter as applicable to horse training facilities, kennels, and livestock and livestock operations. (2) The keeping of wild or exotic animals is prohibited in all zoning districts. 4.13 Kennels-CommerciaL Commercial kennels must comply with all of the following standards: (1) The minimum lot area required for commercial kennels is ten(10) acres. (2) The confinement, care or breeding of animals shall be within an enclosed structure and shall be setback a minimum of one hundred (100) feet from any property line and fifty(50) feet from any water supply well. (3) An individual sewage treatment system shall be installed with the capacity to handle waste and hosings from the kennel and kennel runs. (4) The above standards may be waived for kennels accessory to a veterinary clinic. A kennel accessory to a veterinary clinic shall be enclosed completely within the principal structure. � 4.14 Kennels—Private. Private kennels must comply with all of the following standards: (1) The number of animals kept on the premises shall comply with the limits stated in the permit. (2) Facilities adequate for the care and keeping of the animals shall be maintained. (3) There shall be no negative effects on neighboring properties or on the general health and welfare of the City. 4.15 Light Manufacturing and Assembly. Light Manufacturing and assembly facilities must comply with the following standards: (1) Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: (A) The exterior storage area must be located to the rear of the building. I (B) The exterior storage area must be fenced and screened from view of�State, - County, and City roadways and all property lines. (2) The light manufacturing and assembly facility may contain a retail sales room provided it meets the following standards: (A) Retail sales are limited to those products which are produced by the manufacturing use. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 5 (B) Retail sales use shall not occupy more than twenty(20)percent of the light � manufacturing building. (C) All overhead doors, and loading and unloading areas to the facility shall be located on Ithe side or rear of the building provided these areas are screened from view of�, State County, and City highways. (D) Landscaping and screening shall be provided according to the requirements of this Chapter. 4.16 Livestock and Livestock Operations (1) Animal Density. Livestock and livestock operations must comply with all of the following standards regardless of the number of animal units on the property or whether a permit is required: (A) No livestock, with the exception of fowl, shall be placed on any site of less than five (5) acres. For purposes of this section, five(5)acres may include the road right of way. (B) The following equivalents shall apply when determining animal units: Animal Units 1. one mature dairy cow 1.4 2. one slaughter steer or heifer 1.0 3. one horse 1.0 4. one swine over 55 pounds 0.4 � 5. one goose or duck 0.02 6. one goat or sheep 0.1 7. one swine under 55 pounds 0.05 8. one turkey 0.018 9. one chicken 0.01 10. one llama 0.5 For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by one thousand (1,000)pounds. (C) A minimum of two (2)acres shall be required for each animal unit or its equivalent. The keeping of livestock in greater density than allowed as stated above shall require I an interim^r���a�'����' use permit. To obtain such permit,the applicant must demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor,noise and other nuisances. (D) The minimum acreage and animal density requirements are waived for the keeping of fowl (chickens, turkeys,ducks or geese) on lots smaller than five(5) acres provided the following standards are met: 1. All poultry yards,runs, coops or other structures housing fowl shall meet the minimum setback requirements for accessory structures for domestic farm animals. � City of Scandia Development Code DRAF'T MAY 25,2010 Chapter 2,Section 4 Page 6 � 2, �T� m�ro+�,�r �;�.. rcm,�:..,a.. „,.,.,�,o,,o�+ ,.r +,�o�„+A minimum of one(l) acre of land shall be required for each 0.1 animal unit. For example,not more than ten (10)chickens (10 X 0.01 =0.1 animal unit�ma�pt on one(1) acre of land. �. �.r,. .. ,.�.o.-„�.:,.>>o., ,,., .�.o>>��* � ., i,,. io��.i.,,r .,.,,, i�� „ o 0 (2) Feedlots (A) Required Setbacks. The following shall be the minimum setback requirements for feedlots. 1. Parks, excludin t� rails �100 feet 2. DNR protected�t��e�a��stream or lake �100 feet 3. Wetlands �-100 feet 4. Private Well 100 feet (B) A manure mana e�ent plan shall be required. ;�s}.i��'�_ __The construction of an earthen waste storage basin is permitted provided that: 1. The structure shall not be used for the storage of animal manure for a period in excess of 12 months or the time period for which it was designed. 2. The design of the structure shall be prepared and designed by a registered Professional Engineer ar by other professionals specializing in the design of such � structures and with the proper training for such design and signed by a registered Professional Engineer. 4.17 Motor Vehicle,Recreational Vehicle or Boat Sales. Motor vehicle,recreational vehicle or boat sales shall comply with all of the following standards: (1) A minimum lot area of two and one-half(2'/z) acres is required. Said lot shall be one(1) lot or contiguous lots not separated by a public street, alley or other use. (2) A minimum lot width of 150 feet is required. (3) The parking area for the outside sales and storage area shall be hard-surfaced before the operation of business begins and maintained to control dust,erosion and drainage. (4) The maximum area permitted for outside storage of vehicles or boats,new and used, shall not exceed five(5) square feet of outside storage area to each one(1) square foot of enclosed ground floor area. Each space used for the parking of a"for sale"vehicle or boat shall be a minimum of nine(9) feet wide and eighteen(18) feet in length. (5) Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs shall be a nominal six (6) inches in height. (6) All areas of the property not devoted to building or parking areas shall be landscaped. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 7 4.18 Motor Vehicle Repair. Motor vehicle repair establishments must comply with all of the following � standards. (1) A drainage system for collection of any hazardous material run-off must be installed. Such system shall be subject to approval by the zoning administrator. (2) The entire site, other than that devoted to structures and landscaped areas, shall be an impervious surface and maintained for control of dust,erosion and drainage. (3) No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service or as allowed through a conditional use permit. Storage of salvage vehicles shall be prohibited. (4) All areas utilized for the starage and disposal of trash, debris, discarded parts and similar items shall be fully screened. All structures and grounds shall be maintained in an orderly, clean and safe manner. (5) Landscaping shall be planted to buffer the use from adjacent residential land uses. A landscape plan shall be submitted to the zoning administrator according to the requirements of this Chapter at the time of application for a conditional use permit. 4.19 Motor Vehicle Service Station. Motor vehicle service stations must comply with all of the following standards. (1) A minimum lot width of 150 feet is required. (2) The setbacks of all buildings, canopies and pump islands shall be in compliance with the � standards of the zoning district in which the use is located. (3) A drainage system for collection of hazardous materials must be installed. Such installation is subject to approval by the city. (4) The entire site other than that devoted to structures and landscaped areas, shall be an impervious surface and maintained for control of dust,erosion and drainage. (5) Wherever fizel pumps are installed, pump islands shall be installed. Pump islands shall not be placed in the required yards. (6) Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs shall be six inches in height, except at approved entrances and exits. (7) No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service or as allowed through a conditional use permit. Storage of salvage vehicles shall be prohibited. (8) Exterior stora�e shall be limited to vehicles, service equipment and items offered for sale on pump islands; exterior storage of items offered for sale shall be within yard setback requirements and shall be located in containers such as the racks, metal trays and similar structures designed to display merchandise or as indicated by the conditional use permit � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 8 � (9) All areas utilized for the storage and disposal of trash,debris, discarded parts and similar items shall be fully screened. All structures and ground shall be maintained in an orderly, clean and safe manner. (10) Landscaping shall be planted to buffer the use from adjacent residential land uses. A landscape plan shall be submitted according to the requirements of this Chapter at the time of application for a conditional use permit. 4.20 Multifamily Residential Developments. All multifamily residential developments must meet the following standards. �,� rr�o,.o �t,.,ii i.e� o*�..,,, � ., r�� a...oii;�„, r:,� : ,.�. �,.-.,,..,,,-o ��� � . (2)�;1 i The number of dwelling units shall not exceed the maximum density for the zoning district in which the development is located. � �=?-,���_____If the area is not served by public sewer and public water,the development must be able to meet all on-site septic requirements and all standards for the provision of safe drinking water to the residents of the development. � �1��;} _ _Setbacks. (A) All structures shall meet the minimum setback requirements for the zone in which it is located. � (B) The distance between principal structures shall be a minimum of thirty(30) feet. � <�};4) A buffer of fifty(50) feet shall be provided between the lot line of single-family residential lot and the multi-family structure. This buffer shall be landscaped with a combination of berms, deciduous and/or coniferous trees to screen the multifamily residential development from the single-family residential uses.. !t\ TL.o..�. ,„ 1.,* ., .-o.] ;� t,.,., .. t i� z�-ic, o 0 0 f 1�—Tr�3 ,�. 1„t ., o �cz�-�nftii-v2--�2i?--H-�r3E-�(.S: � • 4-z2-� � City of Scandia Develop�nent Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 9 !t\ n ,v. .,-. 1„r ., „f r...,, /71 ., �l..,ll l,a„ .;rl oa > > . 41£-�ES-�61'1��e � a;�*..:,.� ; ..�.:,.�. ;. :� i,.,.,,.oa � �„a ...,,a .-o�o.,�,...o...� .,. ,,, o�*� ,,,,a , �:+,,.-� „�+�,o �,,,.:i;,.. � , � � , • , �,..:,.« t�.o„ .,+:,, „�.i.o�.,,.:i:... �— �� �i� n.,o..,,:,.�., ., „a.,+:,,r� .,, ,i,o� .;aoa �,,,-,,, o�,� „ �:+,,.-� „�., ,. .,i .. �..+;,,r ..�,o� � ,.�. „ „a.,+;,,r� „ (-� . �-�e�k-�}� ..,] +L,o:.-f.v.;l.,.�, ,Y,1,o,-� T�T., � ,-�ro a,-;.,o�„�„�, „-1, ,.,,r �l,�tt L,o., .�.,,,;rro,a f�.-rl,o � �;,�lo..,.o �,,..� ., T�'o,�l0.-.,1 Cr.,+e�'',,,,..,r,. ,-�'';r.,,- .,,a....,.. � e � �.;���.�1 Residential Facilities, State-Licensed. (1) All appropriate licenses must be obtained from State and County agencies. (2) The exterior character or appearance of any dwelling unit used for a state-licensed residential facility shall not be altered. (3) No residential facility shall provide accommodations to persons whose tenancy would constitute a direct threat to the health and safety of other individuals. The facility cannot accept court ordered referrals for treatment in lieu of incarceration without adequate security. (4) Performance Standards for Conditional Use Permits. In order to obtain a conditional use � permit for a residential€a�k��facility serving 7 to 16 individuals, the following standards must be met. (A) Off-street parking standards of this Development Code must be met. (B) Adequate utilities including sewage disposal must be available. (C) State-licensed residential facilities shall not be closer than 1,000 feet to each other. � City of Scandia Developmcnt Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 10 � (D) The city may impose additional conditions related to landscaping,access, security, sanitary sewer and admission policies if deemed necessary. 4.'_'C:�=��.2"% Resorts/Conference Facilities (1) Permitted Uses. (A) Overnight lodging to serve visitors of the resort or conference facility. (B) Recreational facilities including but not limited to racquet sports facilities,nature trails, bike paths, and ski areas. (C) Meeting rooms. (D) Restaurant and lounge. (2) Performance Standards. Resorts/conference facilities must comply with all of the following standards. (A) The resort shall be located on a site of at least 50 acres. (B) At least 50%of the site shall be dedicated to permanent open space excluding streets and parking areas. (C) No more than 50 units of overnight lodging shall be provided. � (D) The maximum density shall not exceed one guest room per acre. (E) Meeting/conference facilities shall be limited to 100 persons. (F) All uses in the resort shall be harmonious with each other through the use of special design,placement ar screening. Architecturally, the structures shall blend in with the natural environment. I �:�'��.?3 Schools. Schools must comply with all of the following standards. (1) The minimum lot area required for schools is two(2) acres. (2) Landscaping may be required to be installed to buffer the us�from adjacent land uses and to provide screening. ��,� �� �,����� � �,�S� ,�, S� �`,�'�� V � 4����.:��I _Self Service Storage Facility�Mini-Stora�e��elf-service storage facilities must comply with all of the following standards. (�) Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human habitation, or any commercial activity. Storage of any flammable or hazardous material is prohibited. /� ��rf. �ci�. C��—E'�� -}'�i��r rn r�- (2) Interior drives must be wide enough to accommodate a parked car and traffic that must pass. � (3) No outside storage is allowed. City of Scandia Development Code DRAF7 MAY 25,2010 Chapter 2,Section 4 Page 11 i; �„,� ������ (4) An on-site manager may be allowed provided adequate sanitary facilities are provided. � (5) The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall face inward and away from the street and property lines. (6) Only one entrance and exit to the facility are allowed except for an additional emergency exit. � 4.;��<<.i5 Shopping Centers. Shopping Centers must comply with all of the following requirements. (1) The development plan for the shopping center shall include a minimum of two(2) acres. There is no minimum lot size for individual structures located on lots within a shopping center. (2) Shopping Centers shal] have direct access to an arterial or collector street as designated in the Comprehensive Plan. 4_s�.a;'.26 Swimmin�Pools (1) Required Permits. A building permit shall be required for any swimming pool with a capacity of over three thousand (3,000) gallons ar with a depth of over three and one-half(3.5)feet of water. An application for a building permit shall include a site plan showing: The type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit, pump and writing indicating the type of such units, location of back-flush and drainage � outlets, grading plan, finished elevations and final treatment(decking, landscaping, etc.) around the pool, location of existing overhead and underground wiring,utility easements, trees and similar features, and location of any water heating units. (2) Performance Standards. (A) Pools shall not be located within twenty(20) feet of any septic tank/drainfield nor within six (6) feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. (B) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any types. (C) Pools shall not be located within any private or public utility,walkway, drainage or other easement. (D) In the case of in-ground pools, necessary precautions shall be taken during the construction to avoid damage,hazards or inconvenience to adjacent or nearby property and assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property. (E) All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. � City of Scandia Dcvclopment Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 12 � (F) To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land. (G) The filter unit,pump,heating unit and any other noise-making mechanical equipment shall be located at least fifty(50) feet from any adjacent or nearby residential structure and not closer than ten(10) feet to any lot line. (H) Lighting for the pool shall be directed toward the pool and not toward adjacent property. (I) A structure or safety fence of a non-climbable type at least four(4) feet in height, with a self-closing and latching gate shall completely enclose the pool,but shall not be located within any required yard areas. (J) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. (K) All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspection. � 4.:3:4,27 _ ___ Temporary Dwelling Unit—Care Facilitv. Temporary dwelling units must comply with all of the following requirements. (1) The property is limited to one temporary dwelling unit. � (2) The dwelling may be occupied only by persons who are are receiving health-related care or treatment from the occupants of the single family dwelling to which the care facility is an accessory use, and who are related by blood, marriage or adoption to said occupants. (3) The temporary dwelling unit shall use the existing road access drive of the principal dwelling unit on the property. (4) The unit must be connected to an approved on-site waste disposal system. (5) The property owner shall submit a financial guarantee to the Zoning Administrator to ensure that the structure will be removed upon termination of the certificate of compliance. The amount of the guarantee shall be determined by the Zoning Administrator. (6) Termination of Permit. The interim use permit shall expire when the dwelling unit is no longer occupied by eligible persons as described in paragraph (1)(B), or such earlier date as may be determined in the interim use permit. At the termination of the certificate of compliance,the temporary dwelling shall be removed from the premises or converted to another conforming use within thirty(30) days. 4-3�f,28 Temporarv Dwelling Unit During Construction. Temporary dwelling units must comply ___—_ with all of the following requirements. (l) The property is limited to one temporary dwelling unit during construction. • City of Scandia Dcvelopment Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 13 n� >ss�r� �, Pa �� � / z� � be determined in the interim use permit. At the termination of the interim use pernut, the � temporary farm dwelling shall be removed from the premises within thirty(30) days. � 4 "��4 30 ___.__ Warehousin�and Distribution. Warehousing and distribution facilities must comply with the following standards: (l) Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: (A) The exterior storage area must be located to the rear of the building. (B) The exterior storage area must be fenced and screened from view of the public right- Iof-way,� State, County and City Roadways, and all property lines. (2) The warehousing and distribution facility may contain a retail sales room provided it meets the following standards: (A) The retail sales are limited to those products which are stored and distributed by the warehousing and distribution use. (B) The retail sales use shall not occupy mare than twenty(20)percent of the warehousing and distribution facility. (3) All loading and unloading areas to the facility shall be screened from view of the public right- Iof-way and L'��State,County and City highways. (4) Landscaping and screening shall be provided according to the requirements of this Chapter. � I4."�3�.? I _ ____Wind Ener�v Conversion Svstems(WECS). Wind energy conversion systems must comply with the following standards: (1) The parcel on which a wind energy conversion system is proposed to be located must be at least ten acres in size. (2) One wind energy conversion system is permitted on a parcel. (3) The maximum height of a wind energy conversion system shall be 100 feet. The system height shall be measured from the base of the tower to the highest possible extension of the rotor. (4) No lights, flashers, reflectors, or any other illuminated devices shall be affixed to the to the wind energy conversion system. (5) The wind energy conversion system shall be located so as to have the least impact on adjoining parcels. (6) No wind energy conversion system shall be located within any required setback and shall have a minimum setback from any property line a distance equal to the height of the system. (7) Rotors shall not exceed 26 feet in diameter and shall have a clearance of 30 feet over any tree or structure. Each wind ener�ry con��ersion system shall be equipped with both a manual and • City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 15 � be determined in the interim use permit. At the termination of the interim use permit,the temporary farm dwelling shall be removed from the premises within thirty(30) days. � 4���_.?0_____, __Warehousin�?and Distribution. Warehousing and distribution facilities must comply with the following stand�rds: (1) Exterior Storage���s permitted as an accessory use to the permitted use provided it meets the following standarc�s: � (A) The exterior s�orage area must be located to the rear of the building. (B) The exterior starage area must be fenced and screened from view of the public right- of-way,Federal, State, County and City Roadways, and all property lines. (2) The warehousing and distribution facility may contain a retail sales room provided it meets the following standards: (A) The retail sales are limited to those products which are stored and distributed by the warehousing and distribution�use. (B) The retail sales use shall not occupy more than twenty(20)percent of the warehousing and distribution facility. � (3) All loading and unloading areas to the facilit�shall be screened from view of the public right- of-way and Federal, State County and City hig�ways. � (4) Landscaping and screening shall be provided acco�-ding to the requirements of this Chapter. � 4�.��4.31 Wind Energv Conversion Svstems(WECS). Wind energy conversion systems must comply with the following standards: (1) The parcel on which a wind energy conversion system is proposed to be located must be at least ten acres in size. (2) One wind energy conversion system is permitted on a parcel. \ (3) The maximum height of a wind energy conversion system shall lie 100 feet. The system height shall be measured from the base of the tower to the highest possibte extension of the rotor. ` � (4) No lights, flashers,reflectors, or any other illuminated devices shall l�affixed to the to the wind energy conversion system. (5) The wind energy conversion system shall be located so as to have the least impact on adjoining parcels. (6) No wind energy conversion system shall be located within any required setback and shall have a minimum setback from any property line a distance equal to the height of the system. (7) Rotors shall not exceed 26 feet in diameter and shall have a clearance of 30 feet over any tree or structure. Each wind energy conversion system shall be equipped with both a manual and � � Ciry of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 15 automatic breaking device capable of stopping the wind energy conversion system in high � winds (40 MPH ar greater). (8) All State, County, and local noise standards must be met. Applicable electrical pernuts/inspections must be obtained. (9) To prevent unauthorized climbing, wind energy conversion system towers must comply with one of the following provisions: (A) Tower climbing apparatus shall not be located within 12 feet of the ground. (B) A locked anti-climb device shall be installed on the tower. (C) A protective fence at least 6 feet in height. (10) The color of the structure shall be either gray or off-white. (11) In the event of permit revocation or if the wind energy conversion system is no longer used, the wind energy conversion system must be removed and the site restored to its original condition within 120 days. In.3�;4.:ji Wireless Communication Antennas and Towers (1) Purpose. The purpose of this Section is to: (A) Accommodate the communication needs of residents and businesses while protecting � public health and safety; (B) Minimize adverse visual effects of towers through careful design and siting standards; (C) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; (D) Maximize the use of existing and approved towers and buildings to accommodate multiple wireless telecommunication antennas to reduce the number of towers needed to serve the community. (2) Conditional Use Permits. (A) The following may be allowed with the issuance of a conditional use permit,provided the conditions contained in this ordinance are met: 1. The construction of a new tower in excess of 35 feet. 2. Satellite dish antenna(s)larger than two meters in diameter. 3. The addition of a new antenna on an existing permitted tower. 4. The construction of a new tower attached to an existing building and extending 15 feet above the highest point of that building. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 16 � 5. The construction of a tower within the easement of a high voltage overhead transmission line,or within 50 feet of the transmission line easement on the same side of the road. (B) A conditional use permit is not required for the following: 1. Household radio, television and short-wave radio receiving antenna(s), or tower attached to a residential structure, extending less than 15 feet above the highest point of that structure. 2. Amateur radio antennas and towers,provided that the conditions contained in Subsections 6(A); 8(H), (I) and (�; 9(C), (D), (G), (H),(I), (J) and (N); and 12 are met. 3. Adjustment, repair or replacement of the elements of an antenna. 4. The construction of a new tower attached to an existing building, extending less than 15 feet above the highest point of that building. (3) Nonconformity. Any existing tower that becomes non-conforming as a result of this ordinance may continue its use and additional antennas may be attached to the tower structure. If the tower needs to be replaced, it may be permitted with an administrative permit so long as it is of the same type (guyed, self-supporting or monopole), same height, same marking(lighting and painting) and � it will be located within ten(10) feet of the tower to be replaced. The only permitted reasons for replacement of an existing, nonconforming tower will be to increase the number of antennas or to preserve the structural integrity of the structure. If a tower requires replacement for any other reason, such replacement tower shall meet all of the standards of this ordinance. (4) Variance. (A) A variance from any requirement of this ordinance may be sought by the applicant and heard in accordance with the procedures,but not the standards, set forth in Chapter One of this Development Code. (B) The criteria for granting a variance under this section of the ordinance shall be: presentation of engineering data demonstrating that services cannot be provided by the applicant within its service area without the variance. (5) Term of Pernut and Revocation. (A) A conditional use permit for towers requiring a conditional use permit shall remain in effect so long as the conditions in the permit are met. (B) The grounds for revocation of a conditional use permit shall be based on a finding that: 1. The permitee has failed to comply with conditions of approval imposed; or � 2. The facility has not been properly maintained; or City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 17 3. The facility is no longer in use and has not been in use for the previous 12 months. (6) Other Requirements. � (A) All rules and regulations of the FCC and FAA must be met and complied with. All antennas used far the transmission of electromagnetic waves shall be subject to federal and state regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antenna installations must be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be borne by the owner and operator of the antenna. (B) In the event of revocation of a permit,the tower and all accessory structures must be removed and the site restored to its original condition within 120 days. Failure to do so will result in the City completing the removal and site restoration and the City's cost shall be assessed against the property and collected as a real estate tax. (7) Districts. Antennas and towers are regulated differently depending on the zoning district in which the property is located. The following are the standards in each district. (A) Village Neighborhood District(VN), Village Mixed Use A District (VMU A),Village Mixed Use B District(VMU B) and Rural Commercial District (R COMM). The following are permitted with a conditional use permit: 1. The addition of a new antenna on an existing tower for which a conditional use � permit is required. 2. A satellite dish antenna larger than two meters in diameter but not exceeding three meters in diameter. 3. A tower within the easement of a high voltage overhead transmission line or within 50 feet of the transmission line easement on the same side of the road to a maximum height of 150 feet. 4. A free standing tower exceeding 35 feet in height but not exceeding 150 feet in height. 5. A tower attached to an existing building extending more than 15 feet above the highest point of the building up to a maximum height of 150 feet. (B) Agriculture District—Core(AG C) and Agriculture Preserves District(AP.)The following are permitted with a conditional use permit: 1. The addition of a new antenna on an existing tower for which a conditional use permit is required. 2. Satellite dish antenna(s) larger than two meters in diameter. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 18 3. A tower within the easement of a high power overhead transmission line or within � 50 feet of the transmission line on the same side of the road to a maximum height of 200 feet. 4. A tower attached to an existing building, extending more than 15 feet above the highest point of the building up to a maximum height of 300 feet. (C) Industrial Park District (IP). The following are permitted with a conditional use permit: 1. The addition of a new antenna on an existing tower for which a conditional use permit is required. 2. Satellite dish antenna(s) larger than two meters in diameter. 3. A free standing tower exceeding 35 feet in height but not exceeding 300 feet in height. 4. A tower within the easement of a high voltage overhead transmission line or within 50 feet of the transmission line easement on the same side of the road to a maximum height of 200 feet. 5. A tower attached to an existing building, extendin�more than 15 feet above the highest point of the building up to a maximum height of 300 feet. � (8) Prohibitions. (A) No tower shall be over 300 feet in height or within one mile of another tower for which a conditional use permit is required regardless of municipal boundaries. (B) A proposal for a new tower shall not be approved unless it can be shown by the applicant that the telecommunication equipment planned for the proposed tower cannot be accommodated: 1. on an existing tower; or 2. on a tower that has been permitted by Washington County, or the City of Scandia(even though it may not yet be constructed); or 3. on a tower whose application far a certificate of compliance ar conditional use permit is currently pending before the City of Scandia. (C) Towers up to 150 feet in height shall not be constructed within 300 feet of any residential dwelling other than the dwelling on the parcel on which the tower is to be located. Towers over 150 feet in height shall not be constructed within 500 feet of any residential dwelling other than the dwelling on the parcel on which the tower is to be located. (D) No tower over 35 feet in height shall be located closer than one-quarter(1/4) mile to the outside boundary of an existing state, county or city park, or of a proposed state, � City of Scandia Development Codc DRAFT MAY 25,2010 Chapter 2,Section 4 Page 19 county or city park identified in the Washington County Park Master Plan ar the City of Scandia Parks,Trails, Opean Space and Recreation Plan � (E) No tower over 35 feet shall be erected within one-quarter(1/4) mile from the centerline of State Highways 95 and 97 and County Roads 3,4, 15 and 52, unless it can be demonstrated through visual impact demonstration that the tower will be visually inconspicuous as viewed from the road on a year-round basis. (F) No tower over 35 feet shall be erected within one-quarter(1/4) mile of the St. Croix River Overlay District or within one-quarter(l/4) mile of a DNR protected lake or river. (G) No temporary antenna/tower sites are permitted except in the case of equipment failure, equipment testing or in the case of an emergency situation as authorized by the Washington County Sheriff. Use of temporary antenna/tower sites for testing purposes shall be limited to twenty-four(24)hours and shall be subject to an administrative permit. Use of temporary antenna/tower sites for equipment failure or in the case of an emergency situation shall be limited to a term of thirty(30)days. These limits can be extended by the Zoning Administrator. (H) Permanent platforms or structures, exclusive of antennas, other than those necessary for safety purposes or for tower maintenance are prohibited. (I) No antennas or tower shall have lights, reflectors, flashers,daytime strobes, steady night time red lights or other illuminating devices affixed or attached to it unless required by the FAA or FCC. � (J) No advertising or identification signs shall be placed on towers or antennas. (9) Performance Standards. (A) On a vacant parcel of land in the Agriculture District—Core(AG C),Agriculture Preserves District (AP)Village Neighborhood District(VN), Village Mixed Use A District(VMU A), or Village Mixed Use B District(VMU B), the minimum lot size for construction of a tower over 35 feet in height shall be five acres. On a vacant parcel of land in the Industrial Park District(IP) or Rural Commercial District (R COMM), the minimum lot size shall be two and one-half acres. On a parcel of land on which a principal use exists, a tower shall be considered an accessory use and a smaller parcel of land may be leased provided all standards contained in this ordinance can be met. (B) Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse progressively within the distance between the tower and property line. The applicant for any tower shall submit written documentation explaining tower construction and possible failure and provide assurance that blowing or falling ice can be contained on the subject property. At a minimum, the tower shall comply with the minimum setback requirements of the zone in which it is located. - � City of Scandia Development Code DRAF'f MAY 25,2010 Chapter 2,Section 4 Page 20 � (C) A tower shall be located on a parcel of land so as to have the least impact on adjoining properties and any negative impact of the tower shall be confined as much as possible to the property on which the tower is located. (D) The tower location shall provide the maximum amount of screening for off-site views of the facility. The city may require creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses. Existing on-site vegetation shall be preserved to the maximum extent practicable. (E) The height of a tower shall allow for the co-location of additional antennas as follows: 1. Structures from 100 to 125 feet-a minimum of two tenants. 2. Structures from 125 to 200 feet -a minimum of three tenants. 3. Structures above 200 feet but less than 300 feet -a minimum of four tenants. (F) Structural design, mounting and installation of the antenna and tower shall be in compliance with manufacturers specifications. Plans shall be approved and certified by a registered professional engineer. (G) in general, self-supporting towers(i.e. those without the use of wires, cables, beams or other means of support) are all zoning districts,monopole towers and/or L-fG L1�.�f towers of stealth construction are equir d. The use of a guyed tower is permitted for new tawer construction if there is an aesthetic and/or antenna support�apabiliiy � advantage. Anchors for the guyed wires must meet underlying setback requirements. (H) Associated receiving/transmitting or switching equipment must be located within a structure. The base of the tower and any tower accessory structures shall be landscaped where practical. Tower accessory structures shall be constructed of materials designed to minimize visibility to the neighborhood. (I) The tower shall be a color demonstrated to minimize visibility unless otherwise required by FAA regulations. (J) Metal towers shall be constructed of, or treated with,corrosive resistant material. (K) If space is available on a tower,the tower owners shall, in good faith, lease space to other users so long as there is no disruption in the existing service provided by the tower's existing users and no negative structural impact upon the tower. If a dispute arises, and as a condition to any permit,the City Council, in its discretion,reserves the right to act as arbiter in determining if a tower owner is acting in good faith in leasing to other tenants. (L) All towers shall be reasonably protected against unauthorized climbing. The bottom of the tower from ground level to 12 feet above ground shall be designed in a manner to preclude unauthorized climbing ar shall be enclosed by a six (6) feet high chain link fence with a locked gate. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 21 (M) Antenna and tower owners may be required to conduct an annual inspection of their facilities to insure continuing compliance with this ordinance. A copy of the annua] � inspection report shall be provided to the City. (N) All antennas and towers shall be adequately insured to cover injury and property damage caused by collapse or other catastrophic failure. (10) Application-New Tower. In addition to the submittal requirements required elsewhere in this ordinance, applications for conditional use permits for new towers and antennas shall be accompanied by the following information: (A) A report from a qualified and licensed professional engineer which: 1. describes the tower height and design including a cross section and elevation; 2. certifies the tower's compliance with structural and electrical standards; 3. describes the tower's capacity,including the potential number and type of antennas that it can accommodate; 4. describes the lighting to be placed on the tower if such lighting is required by the FCC or FAA; 5. states that the applicant will avoid causing destructive interference to co-located, � previously established public safety communications; 6. specifies the distance to any DNR protected lake or river, the St. Croix River, any road designated in Section(8)(E) and any boundary of a city, state or county park. (B) Each application shall include a five(5) year facility plan. The City will maintain an inventory of all existing and proposed site installations and all carriers shall provide the following information in each five(5) year plan. The plan must be updated with each submittal as necessary: 1. Written description of type of consumer services each company/carrier will provide to its customers over the next five years (cellular,personal communication services, specialized mobile radio, paging,private radio or other anticipated communication technology). 2. Provide a list of all existing sites, existing sites to be upgraded or replaced and proposed sites within the City for the services provided by the company. 3. Provide a presentation size map of the City which shows the five year plan for sites,or if individual properties are not known,the geographic service areas of the site. 4. The information provided as part of the five(5)year facility plan that is a trade secret pursuant to Minnesota Statute Section 1337 shall be classified as non-public data. � Ciry of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 22 � (C) Written acknowledgment by the landowner/lessee that he/she/it will abide by all applicable conditional use permit conditions. (D) The City Council may, in its discretion, require visual impact demonstrations including mock-ups and/or photo montages; screening and painting plans; network maps; alternative site analysis; lists of other nearby telecommunication facilities; or facility design alternatives for the proposed tower. (E) The Zoning Administrator is explicitly authorized to employ on behalf of the City, an independent technical expert to review technical materials submitted by the applicant. The applicant shall pay the costs of said review and/or independent analysis. Any proprietary information disclosed to the City expert shall remain non-public and subject to the terms and conditions of a properly executed non-disclosure agreement. (11) Application - Existing Tower/New Antenna. � In the event that an application is only to add a new antenna to an existing permitted tower or structure,the requirements as delineated under Subsection (10)(A)(6) and (10)(B) shall not apply. (12) Amateur Radio Antennas and Towers. This subsection is applicable only to federally licensed amateur radio operators. (A) Al] amateur radio towers must be installed in accordance with the instructions � furnished by the manufacturer for the tower model to be installed. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications. (B) No tower shall be located within public or private utility and drainage easements. (C) All towers shall be reasonably protected against unauthorized climbing. (D) Towers located closer to a property line than a distance equal to the height of the tower shall be setback as far as possible from the nearest property line. At a minimum, the tower shall comply with the minimum setback requirements of the zone in which it is located. (E) No part of any antenna or tower, nor any lines,cable, equipment, wires or braces shall at any time be located on or extend across or over any part of any right-of-way,public street, road, highway, sidewalk, utility or drainage easement or property line. � ��.��.?? _Yard Waste Facilities A yard waste facility must comply with all of the following standards: (1) The minimum lot area required far yard waste facilities is ten(10) acres. � (2) Composting, storage,transfer, loading and processing activities must be setback as follows: City of Scandia Development Code DRAF'I'MAY 25,2010 Chapter 2,Section 4 Page 23 (A) Property lines 100 feet � (B) Existing Residential uses not on the property 500 feet (C) DNR protected watercourse 200 feet (D) Wetland 75 feet (3) The yard waste facility must be screened from view from all adjacent properties and roadways according to the landscaping and screening requirements of this Chapter. (4) Access to the site shall be controlled to prevent unauthorized dumping during non-business hours. (5) A plan far collection, retention and drainage of storm water shall be provided for review and approval. On-site drainage shall be directed to a constructed stormwater holding pond prior to any drainage leaving site. The stormwater holding pond shall be located a minimum of 75 feet from the composting storage area. The runoff directed towards this pond shall be filtered through a 75 foot wide vegetated buffer. (6) The operator shall provide sufficient equipment on site to properly manage the composting process. At a minimum this shall include a front end loader or similar machinery for loading, unloading,turning, and aeration operations; a shredder for reducing new material to a smaller particle size for faster decomposition; a source of water or watering trucks; and a screen to improve the quality and marketability of the final product. The operator shall provide plans showing all equipment maintenance and storage areas. Plans � shall show the location of all fuel storage facilities, hazardous material storage and hazardous waste disposal. (7) The materials which can be processed is limited to garden waste, leaves, lawn cuttings,weeds, shrub and tree waste and prunings. (8) The decomposition process shall be properly managed and maintained in an aerobic condition to prevent all unnecessary odors. The yard waste must be decomposed through a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste,maintain temperatures, and reduce pathogens. The composted yard waste must contain no sharp objects greater than one inch in diameter. (9) The operator shall provide information specifying the volume of waste brought onto the property for processing or composting. (10) The facility shall operate only between the hours of 7:00 am and 7:00 PM, Monday through Friday,unless other hours or days of operation are specifically authorized by the City Council. Retail sales are allowed on Saturdays between tl�e hours of 8:00 am and 5:00 PM unless otherwise prohibited by the City Council. Retail sales for purposes of this section shall mean the sale of product to individuals for personal use and shall exclude commercial hauling. (11) Treated yard wastes shall not be allowed to accumulate for longer than three years before being finished and removed from the site. Compost that cannot be marketed shall be removed from the site a nvnimum of once per week. � City of Scandia Development Code DRAFT MAY 25,2010 Chapter 2,Section 4 Page 24 � (12) By-products, including residuals and recyclables, must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stored and removed a minimum of once per week. (13) The owner shall maintain the site so that it is free of litter and other nuisances. (14) An attendant must be on site during operating hours. (15) The open burning and/or burying of waste is prohibited. � • �' City of Seandia Development Codc DRAFT MAY 25,2010 Chapter 2,Section 4 Page 25 � s �