2.b) Development Code Update Draft, Part 2 � �
CITY OF SCANDIA DEVELOPMENT CODE
The City of Scandia has adopted official controls for the purposes of regulating the 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
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Chapter Two Zoning Regulations �
Chapter Three Subdivision Regulations
Chapter Four Mining and Related Activities Regulations
Chapter Five Shoreland Management Regulations
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Chapter Six Floodplain Management Regulations "
The City of Scandia also herein adopts the following chapters of the Washington County Development Code,
with exception as may be noted in Chapters One through Six of the Scandia Development Code. These
Chapters, as they may be amended from time to time by Washington County, shall remain in effect unless
and until they are replaced with new regulations adopted by the City of Scandia:
Subsurface Sewage Treatment System Regulations(Washington County Development Code Chapter
Four)
Lower St. Croix River Bluffland and Shareland Management Regulations(Washington County
Development Code Chapter Five)
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City of Scandia Developinent Code Draft,July 2010
DRAFT July 22,2010 Chapter One 0 Administration
CHAPTER ONE
ADMINISTRATION
Table of Contents
SECTION 1 TITLE AND APPLICATION
1.1 Title................................................................................................................................ 1-1
1.2 Purpose and Intent.......................................................................................................... 1-1
1.3 Relationship to Comprehensive Plan............................................................................. 1-1
1.4 Conformity with this Chapter......................................................................................... 1-1
1.5 Application..................................................................................................................... 1-1
1.6 Authority........................................................................................................................ 1-2
1.7 Separability.................................................................................................................... 1-2
SECTION 2 ENFORCEMENT AND PENALTIES
2.1 Enforcement................................................................................................................... 1-3
2.1 Penalties......................................................................................................................... 1-3
SECTION 3 ZONING ADMINISTRATOR.
3.1 Designation of Zoning Administrator............................................................................ 1-4
3.2 Duties of Zoning Administrator..................................................................................... 1-4
SECTION 4 RULES AND DEFINITIONS
4.1 Rules of Word Construction........................................................................................... 1-5
4.2 Definitions...................................................................................................................... 1-5
SECTION 5 AMENDMENTS TO THE DEVELOPMENT CODE AND COMPREHENSIVE
PLAN(TEXT AND MAP)
5.1 Procedures...................................................................................................................... 1-32
5.2 Amendments - Initiation................................................................................................. 1-33
5.3 Certification ofTaxes Paid............................................................................................. 1-33
5.4 Amendments to the Comprehensive Plan...................................................................... 1-33
SECTION 6 VARIANCES
6.1 Purpose........................................................................................................................... 1-34
6.2 Board of Zoning Adjustments and Appeals................................................................... 1-34
6.3 Review Criteria.............................................................................................................. 1-34
6.4 Procedures...................................................................................................................... 1-34
6.5 Appeal of Board Ruling................................................................................................. 1-36
6.6 Expiration....................................................................................................................... 1-36
6.7 Certification ofTaxes Paid............................................................................................. 1-36
SECTION 7 APPEALS OF RULINGS OF ZONING ADMINISTRATOR OR BOARD OF
ADJUSTMENT AND APPEALS
7.l 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
City of Scandia Development Code,Chapter 1 TOC 1-1
DRAFT luly 22,2010 Chapter One 0 Administration
SECTION 8 CONDITIONAL USE PERMITS
8.1 Purpose........................................................................................................................... 1-38
8.2 Procedures...................................................................................................................... 1-3 8
8.3 Information Requirement............................................................................................... 1-39
8.4 General Criteria.............................................................................................................. 1-39
8.5 Performance 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........................................................................................................................... 1-42
9.2 Procedures...................................................................................................................... 1-42
9.3 General Standards.......................................................................................................... 1-42
9.4 Termination.................................................................................................................... 1-42
9.5 Certification of Taxes Paid............................................................................................. 1-42
SECTION 10 ADMINISTRATIVE PERMITS AND APPROVALS.
10.1 Purpose........................................................................................................................... 1-43
102 Procedure........................................................................................................................ 1-43
10.3 Information Requirement............................................................................................... 1-44
10.4 Performance Standards................................................................................................... 1-44
10.5 Administration and Enforcement................................................................................... 1-44
10.6 Certification of Taxes Paid............................................................................................. 1-45
10.7 Expiration....................................................................................................................... 1-45
10.8 Non-Permit Approvals................................................................................................... 1-45
SECTION 11 SITE PLAN REVIEW.
11.1 Purpose........................................................................................................................... 1-46
11.2 Exceptions to Review..................................................................................................... 1-46
11.3 Pre-Applications Sketch Review.................................................................................... 1-46
11.4 Minor Projects................................................................................................................ 1-47
11.5 Major Projects................................................................................................................ 1-48
11.6 Evaluation Criteria......................................................................................................... 1-49
11.7 Information Requirement............................................................................................... 1-49
11.8 Plan Modifications......................................................................................................... 1-53
11.9 Lapse of Approval.......................................................................................................... 1-54
11.10 Site Improvement 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
City of Scandia Development Code,Chapter 1 TOC 1-2
DRAFT July 22,2010 Chapter One 0 Administration
SECTION 13 NONCONFORMITIES
13.1 Purpose........................................................................................................................... 1-60
13.2 General Provisions......................................................................................................... 1-60
13.3 Nonconfornung Buildings and Structures...................................................................... 1-60
13.4 Nonconforming Uses ..................................................................................................... 1-62
13.5 Nonconfornung Lots...................................................................................................... 1-62
13.6 Overlay Districts............................................................................................................ 1-63
SECTION 14 OFFICIAL MAPS
14.1 Purpose........................................................................................................................... 1-64
14.2 Official Map Defined..................................................................................................... 1-64
14.3 Initiation of Proceedings................................................................................................ 1-64
14.4 Referral to Planning Commission.................................................................................. 1-64
14.5 Notice and Hearing ........................................................................................................ 1-64
14.6 Preparation and Filing of Maps...................................................................................... 1-64
14.7 Effect.............................................................................................................................. 1-65
14.8 Appeals........................................................................................................................... 1-65
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City of Scandia Development Code,Chapter I TOC 1-3
DRAFT July 22,2010 Chapter One 0 Administration
SECTION 1 A 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
(5) To define the powers and duties of the city staff,the Zoning Board of Adjustment and
Appeals,the Planning Commission and the City Council in relation to the Development
Code;
(6) To protect areas needed for future public use from further development through Official
Maps.
(7) To prescribe penalties for the violation of the provisions of the Development code.
1.3 Relationship to the Comprehensive Plan. It is the policy of the City of Scandia that the enforcement,
amendment,and administration of the Scandia Development Code be accomplished consistent with the
recommendations contained in the City Comprehensive Plan,as developed and amended by the
Planning Commission and City Council of the City. The Council recognizes the City Comprehensive
Plan as the official policy for the regulation of land use and development in accordance with the
policies and purpose herein set forth. In accordance with Minnesota Statutes Chapter 273,the City will
not approve any rezoning or other change in these regulations that are inconsistent with the
Comprehensive Plan.
1.4 Conformity with this Chapter
(1) No structure shall be erected, converted, enlarged,reconstructed or altered, and no structure
or land shall be used for any purpose or in any manner which is not in conformity with the
provisions of this Chapter.
(2) Except 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.
(3) Except as herein provided,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
City of Scandia Development Code,Chapter I Page I-I
DRAFT July 22,2010 Chapter One 0 Administration
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,or federal government,the law, ordinance,rule,or regulation which imposes
the more restrictive condition, standard, or requirement shall prevail.
1.6 Authoritv. 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 Separabilitv. 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 the application of any provision
of this Chapter to a particular property,building, or other structure,such judgment shall not
affect the application of said provision to any other property,building, or structure not
specifically included in said judgment.
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City of Scandia Development Code,Chapter 1 Page 1-2
DRAFT July 22,2010 Chapter One 0 Administration
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 violation of this Chapter,the
Zoning Administrator,in addition to other remedies,may institute any proper criminal 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 in or about 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 every day on which a violation
occurs or continues is a separate violation.
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City of Scandia Development Code,Chapter 1 Page 1-3
DRAFT July 22,2010 Chapter One 0 Administration
SECTION 3A ZONING ADMINISTRATOR
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 ordinance, for all applications,pernuts
or other matters covered under the provisions of this Development Code
(3) Maintain pertnanent and current records as required by this Chapter, including but not
limited to all maps, amendments,and conditional uses,variances,appeals,and applications
therefore.
(4) Issue administrative permits as provided in this Development Code.
(5) Review all building permits issued for structures in the City to ensure compliance with the
regulations contained in this Development Code.
(6) Conduct inspections of structures and use of land to determine compliance with the terms of
this Development Code.
(7) Notify in writing persons responsible for violations, indicating the nature of the violation and
the action necessary to correct it.
(8) Issue stop wark orders for violations of this Development Code.
(9) Institute,with the advice and consent of the City Attorney,in the name of the City, any
appropriate legal actions or proceedings against a violator as provided for in this
Development Code.
City of Scandia Development Code,Chapter I Page 1-4
DRAFT July 22,2010 Chapter One 0 Administration
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 shall include the other
tenses.
(4) All measured distances expressed in feet shall be to the nearest tenth of a foot.
(5) When calculating parking stall requirements, any fraction of a number shall constitute an
additional parking space.
(6) For terminology not defined in this Chapter, elsewhere in the Development Code, in another
City ordinance, or in the Minnesota State Building Code, Merriam-Webster's Collegiate
Dictionary Tenth Edition shall be used to define such terms.
(7) If a conflict arises between any graphic illustrations presented in this code and the text of this
code,the text shall prevail.
4.2 Definitions. The following words and terms, wherever they occur in the Development Code, shall be
interpreted as herein defined:
(1) Accessory Apartment: A secondary dwelling unit within an existing owner-occupied single-
family dwelling unit for use as a complete independent living facility. A density unit is not
attributed to this dwelling unit when calculating density.
(2) Accessory Use or Structure. A use ar structure on the same lot with,and of a nature
customarily incidental and subordinate to,the principal use or structure.
(3) Administrator. The City Zoning Administrator.
(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 sublessee of the building and members of their immediate families,their employees
and persons engaged in the pickup or delivery of agricultural produce or products.
(5) Agricultural Direct-Market Business: A commercial enterprise in which agricultural products
are produced on a site and marketed and sold directly to consumers without an intermediate
wholesaler or distributor other than a farm co-op organization. Direct market business may
include enterprises such as pick-your-own operations,and operations in which delivery of
products is made directly to consumers.
City of Scandia Development Code,Chapter 1 Page I-5
DRAFT July 22,2010 Chapter One 0 Administration
(6) Agricultural-Business, Seasonal: A seasonal business not exceeding six(6)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.
(7) Agricultural Processin�Processing on the farm of horticulture, forestry,dairy, egg, or apiary
products grown on the farm in the course of preparing the product for market. Agricultural
processing shall not include animal slaughtering or meat/animal processing. Agricultural
processing is subordinate and incidental to the farm operation. Agricultural processing
includes activities such as cutting,drying,packaging, canning,milling,grinding, freezing,
heating and fermenting of product.
(8) 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.
(9) Agritourism Enterprise: A commercial enterprise on a working farm or plant nursery in
which the public or invited groups participate in recreational or educational activities. These
activities must be related to agriculture or natural resources and incidental to the farm
operation. This term includes farm tours,hay rides corn mazes,and classes related to
agricultural products or skills, and similar uses. Campgrounds or overnight camping shall not
be considered an Agritourism Enterprise.
(10) Alteration: To change or make different; to remodel ar modify.
(11) Animal Unit: A unit of ineasure used to compare differences in the production of animal
wastes which has a standard as the amount of waste produced on a regular basis by a
slaughter steer or heifer.
(12) Animals, Domestic Farm: Cattle,hogs, bees, sheep, goats, llamas,chickens,turkeys,bison,
horses (including miniatures)and other animals generally kept for commercial food or fiber
production purposes and commonly accepted as farm animals in the State of Minnesota.
(13) Animals, Domestic Pets: House pets such as dogs,cats, ferrets and birds (except those
detined as farm animals or wild animals)that can be contained within a principal structure
throughout the entire year,provided that containment can be accomplished without special
�" modification to the structure requiring a building permit from the City. Includes rabbits
normally sheltered outside the home.
(14) Animals, Wild or Exotic_ Any animal that is wild, ferocious, or vicious by nature,habit,
disposition or character. Animals in this category include any ape(including chimpanzee,
gibbon, gorilla,orangutan,or siamang),baboon,bear,bobcat,cheetah,crocodile,coyote,
deer(including members of the deer family such as elk, antelope and moose), elephant, fox,
hippopotamus,hyena,jaguar, leopard, lion, lyrix,monkey,puma,also known as cougar,
mountain lion or panther,rhinoceros,a snake which is poisonous,snow leopard,tiger,wolf,
or hybrid mix of any of the wild animals such as wolf/dog mixes.
(15) Antenna: That portion of any equipment used to radiate or receive radio frequency energy
for transmitting or receiving radio or television waves.Antennas may consist of inetal,
carbon fiber, or other electromagnetically conductive rods or elements. Antennas are
regulated to the extent the regulations are not preempted by the Federal Communications
Commission.
City of Scandia Development Code,Chapter 1 Page 1-6
DRAFT July 22,2010 Chapter One 0 Administration
(16) Antenna, Amateur Radio: That portion of any equipment used to radiate or receive radio
frequency energy or electromagnetic signals for"Amateur Radio Service"communications
as defined in 47 C.F.R. Part 97 3(4)and used in 47 C.F. R. Part 97.15(a). (from margin
notes)
(17) Antenna, Household Radio,Television and Short-Wave Radio Receiving: A wire, set of
wires or any device consisting of inetal, carbon fiber or other electromagnetically conductive
surfaces,rods, elements or open mesh, including television,receive only(TVROs) satellite
dishes two meters or less in diameter,used in conjunction with the reception of household
radio,television and short-wave radio receiving equipment. (from margin notes)
(18) Antenna, Satellite Dish: A device consisting of inetal,carbon fiber or other
electromagnetically conductive surfaces,rods, elements or open mesh and in the shape of a
shallow dish,cone,horn or cornucopia. Such device is used to transmit and/or receive radio,
television or electromagnetic waves between terrestrially and/or orbitally based uses. This
definition shall include,but not be limited to,what are commonly referred to as satellite earth
stations,television receive-only(TVROs) and satellite microwave antennas.
(19) Apartment: A room or suite of rooms with cooking facilities designed to be occupied as a
residency by a single family.
(20) Applicant: Any person or entity that is required to submit an application for a permit or
approval required by this Development Code.
(21) Appraised Valuation: The market value of a structure as determined by the current recards
of the County Assessor.
(22) Architectural Design Guidelines. The Architectural Design Guidelines of the City of Scandia
dated September, 2009 as may be amended from time to time.
(23) Area,Net Developable: Those lands within a development parcel remaining after the
deletion of flood plains,wetlands, slopes greater than twenty-five percent(25%),unbuildable
easements or rights-of-way, and required building setbacks.
(24) Assisted Living Facility or Assisted Living Residence: Housing establishment with services
that is registered with the State of Minnesota and provides sleeping accommodations to more
than 12 adult residents,at least 80 percent of which are 55 years of age or older,and at a
minimum provides or makes available health-related services under a class A or class F
home care license issued by the State of Minnesota,whether offered or provided directly by
the establishment or another entity.
(25) Attorney: The City Attorney.
(26) Bar or Tavern: A building with facilities for the serving of beer, liquor,wine, set-ups and
short order foods.
(27) 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.
City of Scandia Development Code,Chapter 1 Page 1-7
DRAFT July 22,2010 Chapter One 0 Administration
(28) 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.
(29) Best Management Practices(BMP's): Water quality and erosion and sediment control
management practices that are the most effective and practicable means of controlling,
preventing and minimizing degradation of surface water. BMP's include schedules of
activities,prohibitions of practices, general good housekeeping practices,pollution
prevention and educational practices,maintenance procedures and other management
practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater,
surface waters,or stormwater conveyance systems. BMP's also include treatment practices,
operating procedures,and practices to control site runoff, spillage ar leaks, sludge or water
disposal, or drainage from raw materials storage
(30) 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.
(31) Buffer: A strip of land intended to create physical separation between potentially
incompatible uses of land.
(32) Buffer, Wetland: Undisturbed strip of land adjacent to shorelines and wetlands consisting of
native or existing vegetation.
(33) Buildable Land: Land with a slope less than 25 percent,and situated outside of any required
setbacks, and land situated outside of every floodway, drainageway, or drainage easement;
except on a natural environment lake where a 200-foot structure setback is required,the
buildable area calculation shall be measured from the 150-foot setback rather than the 200-
foot setback..
(34) Building: Any structure, either temporary or permanent,having a roof and used or built for
the shelter or enclosure of any person,animal or property of any kind. When any portion
thereof is completely separated from every other part thereof by area separation, each portion
of such building shall be deemed as a separate building.
(35) Building Code: The Minnesota State Building Code.
(36) Building Height: The vertical distance from the average of the highest and the lowest point of
grade for that portion of the lot covered by the building, to the highest point of the roof for
flat roofs, to the roof deck line of mansard roofs and to the mean height between eaves and
ridge for gable,hip or gambrel roofs.No structure shall exceed the maximum height
permitted for the zoning district in which it is located, except for church spires,chimneys,
agricultural silos, wind energy conversion systems, 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.
(37) Building Official: The designated authority charged with the administration and enforcement
of the State Building Code.
(38) Building Permit: A permit required from the responsible governmental agency before any
site work, construction or alteration to structures can be started.
City of Scandia Development Code,Chapter 1 Page 1-8
DRAFT July 22,2010 Chapter One 0 Administration
(39) Building Setback Line: A line within a lot parallel to a public right-of-way line,a side or
rear lot line,a bluff line or a high water mark or line,behind which buildings or structures
must be placed.
(40) Building Setback: The minimum horizontal distance between the building and the lot line.
(41) Business: Any occupation, employment ar enterprise wherein merchandise is exhibited or
sold,or where services are offered for compensation.
(42) Campgrounds: Any area,whether privately or publicly owned,used on a daily,nightly,
weekly,or longer basis for the accommodation of 5 or more tents, or recreational camping
vehicles, free of charge or for compensation.
(43) Car Wash: A building or area that provides hand or machine operated facilities for washing
and cleaning motor vehicles.
(44) 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 first story as defined in the Building Code.
(45) Cemetery: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes and including,but not limited to,columbariums,mausoleums and chapels
when operated in conjunction with and within the boundaries of such cemetery.
(46) Certificate of Occupancy: A certificate issued by the building official authorizing the use or
occupancy of a building or structure.
(47) Club or Lodge: A non-profit association of persons who are members paying annual dues,
use of premises being restricted to members and their guests. It shall be permissible to serve
food and meals on such premises providing there is adequate dining room for the purpose of
serving food and meals and providing further that such serving of alcoholic beverages is in
compliance with the applicable federal, state and local laws.
(48) Cluster Developments: See Open Space Conservation Subdivision.
(49) Columbarium: A structure,room,or other space in a building or structure containing niches
for internment of cremated remains in a place used, or intended to be used, and dedicated for
cemetery puYposes.
(50) Commercial Food Producing Farm Operations: See"Farm"definition.
(51) Commercial Recreation: All uses such as tennis,racquet ball clubs,amusement centers,
bowling alleys, golf driving ranges,miniature golf,movie theaters that are privately owned
and operated with the intention of earning a profit by providing entertainment to the public.
(52) Common Open Space: Land held in common ownership used for agriculture,natural habitat,
pedestrian corridors and/or recreational purposes which is protected from future
development.
City of Scandia Development Code,Chapter I Page 1-9
DRAFT July 22,2010 Chapter One 0 Administration
(53) 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 .
(54) 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.
(55) 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 a finding that certain
conditions as detailed in the zoning ordinance exist and that the structure and/or land use
conform to the comprehensive land use plan and are compatible with the existing
neighborhood. See Chapter One, Section 8.
(56) Condominium: An estate in real property consisting of an undivided interest in common with
other purchasers in a portion of a parcel of real property,together with a separate interest in
space in a residential building.
(57) Conference Center: A hall or other building which is designed to hold meetings,public and
private business and social events or conferences. May be included as part of a resort.
(58) Conservation Easement: An interest in real property created in a manner that imposes
limitations or affirmative obligations in regard to the use of property including the retention,
protection and maintenance of natural resources,open space and agriculture.
(59) Conservation Use: Environmentally sensitive and valuable lands protected from any activity
that would significantly alter their ecological integrity,balance or character. Conservation
uses include lands containing wetlands, hydric soils,woodlands, floodplain,native prairie,
wildlife corridors, sharelands, steep slopes and their accessory uses such as interpretive
centers,trails and management facilities.
(60) Contiguous: Parcels of land that share a common lot line or boundary.Parcels that are
separated by a road right-of-way, easement, or railroad right-of-way are considered
contiguous for the purposes of this Development Code.
(61) Construction Activity: Disturbance to the land that results in a change in the topography,
existing soil cover(both vegetative and non-vegetative),or the existing soil topography that
may result in accelerated stormwater runoff and lead to soil erosion and movement of
sediment into surface waters or drainage systems. Examples of construction activity may
include clearing, grading, filling excavating,building construction and landscaping
(62) Conveyance: Conveyances shall have the meaning specified in Minnesota Statute 272.12.
(63) Cost of Renovation,Repair or Replacement The fair market value of the materials and
services necessary to accomplish such renovation,repair or replacement.
(64) Crematorium or Crematory: A place where bodies are consumed by incineration and the
ashes of the deceased are collected for permanent burial or storage in urns.
City of Scandia Development Code,Chapter I Page I-10
DRAFT July 22,2010 Chapter One 0 Administration
(65) Cultural Resource: The historic and archeological characteristics of tbe land, including
buildings and landscapes,which provide information regarding the history of the area and its
people.
(66) Cutof£ 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.
(67) 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.
(68) 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.
(69) 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".
(70) Delicatessen/Coffee House: A shop where ready to serve food, such as cooked meats, salads,
sandwiches, etc. which are prepared in advance,and coffee, tea or other non-alcoholic
beverages are sold.
(71) Density: The number of dwelling units permitted per acre of land.
(72) Density Units: The number of individual dwelling units that can be developed on a parcel of
land as established thorough the use of a yield plan. For the purpose of this Development
Code,a multi - family residential dwelling is considered as having as many density units as
there are individual dwelling units,regardless of whether those units are attached or
detached.
(73) Depth of Lot: The horizontal distance between the frontage right-of-way line and rear lot
line. On a corner lot,the side with the largest frontage is its depth,and the side with the
lesser frontage is its width.
(74) Depth of Rear Yard: The horizontal distance between the rear building line and the rear lot
line.
(75) Development Agreement: An agreement with the owner of the whole parcel as charged on
the tax lists of the County specifying the number of density units allocated amongst the
parcels being created,the zoning district the particular parcels are located in,the fact that the
use and development and further conveyance of the parcels is subject to the regulations
contained in the Development Code.
(76) Development Code: The official controls adopted by the City of Scandia regulating the
physical development of land.
(77) Disposal Area,On-Site Sewage Treatment: See Washington County Subsurface Sewage
Treatment Regulations.
(78) Drainageway: A channel that provides for the drainage of stormwater runoff from a
watershed or subwatershed area.
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(79) Dredging: The process by which soils or other surface materials,normally transported by
surface water erosion into a body of water, are removed for the purpose of deepening the
body of water.
(80) 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.
(81) Drive-through_Any use where products and/or services are provided to the customer under
conditions where the customer does not have to leave the car.
(82) 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.
(83) Dwelling: A building or one(1)or more portions thereof occupied exclusively for human
habitation,but not including rooms in hotels, motels, nursing homes. (Also see Dwelling
Unit.)
(84) Dwelling, Duplex or Two Family: A residential building containing two(2)complete
dwelling units.
(85) Dwelling, Multiple Family: A residential building, or portion of a building,containing two
(2) or more dwelling units.
(86) Dwelling, Seasonal: A residential building not capable of year-round occupancy due to non-
winterized construction or inadequate non-conforming year-round on-site sewage treatment
systems.
(87) Dwelling, Single: A residential building containing one(1)detached dwelling unit.
(88) Dwelling Unit: A residential accommodation including complete kitchen and bathroom
facilities,permanently installed, which is arranged, designed,used or intended for use
exclusively as living quarters for one(1) family.
(89) Engineer: The City Engineer.
(90) Enviromnental Assessment Worksheet or Environmental Impact Statement: That document
that might be required under Minnesota Statute Chapter 116C and D. See Chapter One,
Section 12.0.
(91) Equestrian Uses: Those uses commonly associated with the raising,maintaining and training
of horses for riding,racing or breeding.
(92) Erosion: The wearing away of the ground surface as a result of the movement of wind,water
and/or ice.
(93) Erosion Control: Methods employed to prevent erosion, such as soil stabilization practices,
horizontal slope grading,temporary or permanent cover, and construction phasing.
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(94) Essential Services: Underground or overhead telephone,gas, electrical, steam,waste, or
water transmission services, including necessary structures and accessories such as poles,
wires,mains, drains, sewers,pipes, conduits,cables, fire alarm boxes,police call boxes,
traffic signals, hydrants and other similar equipment. Essential Services shall not include
Wireless Communication Antennas or Wind Energy Conversion Systems.
(95) Essential Services—Transmission Facilities: A facility that transforms,converts,or switches
telephone, gas, electrical, steam, waste, or water transmission services, such as electrical
power lines with a voltage of 35 kv or greater;utility substations;bulk gas or fuel being
transferred from station to station and not intended for en route consumption ; or other
similar equipment,related buildings, storage and accessories, including necessary structures
and accessories for elecMc substations,gas substations, and telephone switching and relay
facilities.
(96) Exterior Storage: The storage of goods,materials, equipment,manufactured products and
similar items not fully enclosed by a building.
(97) 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.
(98) Farm: Land whose use is primarily devoted to agricultural uses or the raising and/or breeding
of livestock.
(99) Farmers' Market: Three or more vendors coordinated by a single organization for the
purpose of outdoor display and direct sale of Christmas trees,and nursery and horticultural
products(fruits,vegetables, flowers, shrubs, and the like)to consumers.
(100)Feed and Seed Sales: A retail establishment which offers for sale bulk packages or quantities
of feed for farm animals and/or seeds used in agricultural production.
(101)Feedlot: A lot or building or combination of lots and buildings intended for the confined
feeding,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.
(102)Fence: A partition, structure,wall or gate erected as a dividing marker,visual or physical
barrier,or enclosure.
(103)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.
(104)Final Plat: A drawing or map of an approved subdivision,meeting all requirements of
Chapter Three, Subdivision Regulations and in such form as required by the community for
purposes of recording.
(105)Flag Lot: A lot with access provided to the bulk of the lot by means of a narrow corridor.
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(106)Flashing Light: A light source that is not constant in intensity or color at all times while in
use.
(107)Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or
lake that results in the inundation of normally dry areas.
(108)Flood Frequency. The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
(109)Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term"floodway fringe" used in the Flood Insurance Study for
Washington County.
(110)Flood Plain.The beds proper and the areas adjoining a wetland, lake or watercourse which
have been or hereafter may be covered by the regional flood.
(111)Flood Proofing. A combination of structural provisions,changes, or adjustments to
properties and structures subject to flooding,primarily for the reduction or elimination of
flood damages.
(112)Floodway. 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
discharge.
(113)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.
(114)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.
(115)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.
(116)Floor Plan, General: A graphic representation of the anticipated use of the floor area within a
building or structure.
(117)Flower Shop: A building or premises used primarily for the retail sale of potted or cut
flowering plants,vegetable and herb plants, flower care and handling, floral design or flower
arranging, merchandising, and display and flower delivery and related products and services
to consumers.
(118)Food and Beverage Processing: The manufacture or packaging of food and beverage
products primarily from raw materials,or bulk storage and handling of the products and
materials,but not including meat processing.
(119)Foot Print: The length and width of the building's foundation and the building's height.
(120)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.
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(121)Frontage: That boundary of a lot that abuts a public street or private road.
(122)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 other 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,a funeral
chapel shall also be permitted. This definition shall NOT include facilities for cremation.
(123)Garage, Private: A detached one-story accessory building, or portion of the principal
building, including a carport,which is used primarily for the storing of passenger vehicles,
trailers or farm trucks.
(124)Garage, Storage: Any premises, except those described as a private or public garage used
exclusively for the storage of power-driven vehicles.
(125)Garden Supply Store: A place of business where retail and wholesale gardening, landscaping,
or farming products are sold to the retail customer. These centers import the majority of the
items sold. These items may include plants,nursery products and stock, fertilizers,potting
soil,hardware,power equipment and machinery,hose,rakes, shovels, decorative rock, stone,
gravel, mulch, and other similar materials and tools.
(126)General Store: A retail store for the sale of more than one type of general merchandise or
food. Typical general merchandise includes clothing and other apparel,equipment for
hobbies and sports, gifts, flowers and household plants,dry goods,toys, furniture,antiques,
books and stationery,pets,drugs, auto parts and accessories and similar consumer goods.
(127)Golf Course: An area of land laid out for golf with a minimum series of nine(9)holes each
including a tee, fairway, and putting green and often one or more natural or artificial hazards.
(128)Governing Body: The City Council.
(129)Government Uses, Buildings and Storage: An area of land or structures used for public
purposes, storage,ar maintenance and which is owned or leased by the U.S. federal
government, State of Minnesota,Metropolitan Council,Washington County, or City of
Scandia for purposes of carrying out governmental duties.The definition does not include
publicly or privately operated school facilities
(130)Grade Plane: A reference plane representing the average of finished ground level adjoining a
building at exterior walls.
(131)Grazable Acres: Open,non-wetland,non-woodland acreage currently providing enough
pasture or other agricultural crops capable of supporting summer grazing at the density
required in the ordinance.
(132)Grocery Store: A retail establishment which offers for sale food products,household items
and other goods associated with the same.
(133)Hazardous Material: Hazardous material means a chemical or substance,or a mixture of
chemicals or substances, which:
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(A) is regulated by 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 mutagen,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.
(134)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.
(135)High Power Transmission Line: A 69 KV or greater electric transmission line with towers a
minimum of 75 feet in height.
(136)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.
(137)Home Occupation: A use of a residential or agricultural property for gainful employment
which is clearly incidental and subordinate to the use of the property as residential or
agricultural and in compliance with all performance standards of the Scandia Development
Code.
(138)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 conunon open space and facilities.
(139)Homesteaded Dwelling: A dwelling that is occupied and used for the purposes of a
homestead by its owner pursuant to Minnesota Statutes § 273.124.
(140)Horse Show: An event where horses not boarded on the subj ect property are shown to the
general public and guests.
(141)Horse Training Facility, Commercial: The use of an accessory building in which horses not
r edin hire
f r commercial use includin boardin b e
owned by the property owner are kept o g g, g, ,
sale, show, and training.
(142)Horse Training Facility,Private: The use of an accessory building incidental to the existing
residential,principal use in which horses owned by the property owner are kept for private
use and training.
(143)Hotel: Any building or portion thereof occupied as the more or less temporary abiding place
of individuals and containing three(3)or more guest rooms,used,designated,or intended to
be used, let or hired out to be occupied, or which are occupied by three(3)or more
individuals for compensation,whether the compensation be paid directly or indirectly.
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(144)Illicit Connection: Any drain or conveyance,whether on the surface or subsurface, which
allows an illegal discharge to enter the storm drain system, including any non-stormwater
discharge such as sewage,process wastewater,wash water and any connections to the storm
drain system from indoor drains and sinks,regardless of whether said drain or connection
had been previously allowed,permitted or approved by an authorized enforcement agency.
(145)Illicit Discharge: Any direct or indirect non-stormwater discharge to the storm sewer system,
except as exempted in this code
(146)Impervious Surface. A 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.
(147)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.
(148)Infiltration: The passage or movement of water into the soil surface. �
(149)Inoperative: Incapable of movement under its own power.
(150)Interim Use: See Chapter One, Section 9.
(151)Kennel, Commercial: Any place where four(4)or more dogs over six(6)months of age are
boarded,bred,trained or offered for sale. This term does not include pet shops or veterinary
establishments
(152)Kennel, Private: Any place where four(4)or more dogs over six(6)months of age are
owned by any member of the household.
(153)Land Alteration: The reclaiming of land by depositing or moving material so as to alter the
grade or topography.
(154)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.
(155)Landscaping: Planting trees, shrubs and turf covers such as grasses and shrubs.
(156)Light Fixture, Outdoor: Outdoor electrically powered illuminating devices, outdoor lighting
or reflective surfaces, lamps and similar devices,permanently installed or portable,used for
illumination or advertisement. The fixture includes the hardware that houses the illumination
source and to which the illumination source is attached including,but not limited to,the
hardware casing. Such devices shall include,but are not limited to, search, spot and flood
lights for a)buildings and structures,b)recreational areas, c)parking lot lighting,d)
landscape lighting, e)billboards and other signs, fl street lighting, g)product display area
lighting,and h)building overhangs and open canopies.
(157)Light Manufacturing: A use engaged in the manufacture,predominantly from previously
prepared materials, of finished products or parts, including processing, fabrication,assembly,
treatment,packaging, incidental storage, sales,and distribution of such products. Such uses
include,but are not limited to,the following lumber yard,machine shops,products assembly,
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sheet metal shops,plastics,electronics,motor vehicle repair,body work and painting,
contractor shops and storage yards, food and nonalcoholic beverages, signs and displays,
printing clothing,textiles and used auto parts.
(158)Light Source: A single artificial point source of luminescence that emits measurable radiant
energy in or near the visible spectrum.
(159)Lighting,Outdoor: Any 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
surface of the ground or located on free standing poles.
(160)Livestock: Cattle,hogs,bees, sheep, goats, llamas,chickens,turkeys,bison,horses
(including miniatures) and other animals generally kept for commercial food or fiber
production purposes and commonly accepted as farm animals in the State of Minnesota.
(161)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.
(162)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.
(163)Lodging Room: A room rented as sleeping and living quarters,but without cooking
facilities. In a suite of rooms without cooking facilities,each room that provides sleeping
accommodations shall be counted as one(1) lodging room.
(164)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.
(165)Lot Area: The area of a horizontal plane within the lot lines.
(166)Lot Area,Minimum per Dwelling Unit: The minimum number of square feet or acres of lot
area required per dwelling unit.
(167)Lot Averaging: Allows the property owner to create parcels smaller than those of a
conventional subdivision plan provided the density of the development does not exceed the
maximum density permitted for the zoning district and the density that can be achieved with
a yield plan.
(168)Lot, Buildable: A lot that meets or exceeds all requirements of the City of Scandia
Development Code without the necessity of variances
(169)Lot,Corner: A lot situated at the junction of and abutting two (2)or more intersecting
streets; or a lot at the point of a deflection in alignment of a single street, the interior angle of
which does not exceed one hundred thirty-five(135)degrees.
(170)Lot Coverage: That portion of a lot containing an artificial or natural surface through which
water,air or roots cannot penetrate.This definition includes,but is not limited to,driveways,
structures,patios and decks.
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(171)Lot Depth: The mean horizontal distance between the front and rear lines of a lot.
(172)Lot, Interior: A lot other than a corner lot, including through lots.
(173)Lot Line: A lot line is the property line bounding a lot, except that where any portion of a lot
extends into a public right-of-way or a proposed public right-of-way,the line of such public
right-of-way shall be the lot line.
(174)Lot Line,Front: That boundary of a lot that abuts a public street or a private road. In the case
of a 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.
(175)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.
(176)Lot Line, Side: Any boundary of a lot that is not a front lot line or a rear lot line.
(177)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.
(178)Lot Width: The horizontal distance between the side lot lines of a lot measured at the
setback line.
(179)Luminaire: A complete lighting unit consisting of a light source and all necessary
mechanical, electrical and decorative parts.
(180)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.
(181)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 more in length,or,
� when erected on site, is 320 or more square feet,and which is built on a permanent chassis
'� and 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 required by the Secretary of Housing and Urban Development and complies
with the standards established under Minnesota Statutes,chapter 327
(182)Manure: Any solid or liquid containing animal excreta.
(183)Mausoleum: A structure for the entombment of the dead in crypts or vaults in a placed used,
or intended to be used, for cemetery purposes.
(184)Meat Processing: The processing of a product usable as human or animal food and made
wholly or in part from meat or a portion of the carcass of animals.
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(185)Medical Uses: Those uses concerned with the diagnosis,treatment and care of human
beings. These include hospitals,dental services,medical services or clinics,nursing or
convalescent home,orphan's home,rest home and sanitarium.
(186)Mining: The excavation,removal, storage or processing of sand, gravel,rock, soil,clay,or
other deposits. For the purposes of this Development Code,mining shall not include the
excavation,removal, or storage of rock, sand,dirt, gravel, clay,or other material for the
following purposes:
(A) Excavation for the 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,
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.
(E) The removal of excess materials in accordance with approved plats or highway
construction.
(187)Motel: A building or group of detached, semi-detached or attached buildings containing three
(3)or more guest rooms or units, each of which has a separate entrance directly from the
outside of the building,or corridor,with garage or parking space conveniently located to
each unit, and which is designed,used or intended to be used primarily for the
accommodation of transient guests traveling by automobile.
(188)Motor Freight Terminal: A building or area in which freight brought by motor truck is
transferred and/or stored for movement by motor truck.
(189)Motor Vehicle,Recreational Vehicle,or Boat Sales: Any place where motor vehicles,
recreational vehicles, or boats and boat trailers or other marine related products,are sold to
the general public. Business activities accessory to this use include motor vehicle repair, car
wash, fuel dispensing,and the rental of vehicles.
(190)Motor Vehicle Repair,Major: General repair, rebuilding or reconditioning of engines,motor
vehicles ar trailers; collision service including body,frame or fender straightening or repair;
overall painting and upholstering; vehicle steam cleaning.
(191)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".
(192)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 minar repair of, motor vehicles.
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(193)Motorized Track Inspection Vehicle: A wheeled vehicle used for track maintenance that is
powered by a motor sized to propel the vehicle only and which is not designed to pull other
rolling stock.
(194)Moving Permit: A permit required from the responsible governmental agency prior to the
moving of any partially or wholly erected structure from one location to another.
(195)Municipality: A city or township, however organized.
(196)Natural Drainageway: A depression in the earth's surface, such as ravines,draws and
hollows,that has definable beds and banks capable or conducting surface water runoff from
adjacent lands.
(197)Natural Resources: The physical values of the land supplied by nature including,but not
limited to,animal life,plant life, soil,rock,minerals and water.
(198)Noise,Ambient: The all-encompassing noise associated with a given environment,being
either a composite of sounds transmitted by any means from many sources near and far or a
single predominate source.
(199)Nominal Parcel: A parcel not reduced by more than ten percent (10%) of its lot area due to
road right-of-way dedication.
(200)Nonconforming 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.
(201)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.
(202)Noxious Matter: Material which is capable of causing injury or is in any way harmful to
living organisms or is capable of causing detrimental effect upon the physical or mental
health of human beings.
(203)Nursery,Day: A use where care is provided far three(3) or more children under
kindergarten age for periods of four(4)hours or more per day for pay.
(204)Nursing Home: A building with facilities for the care of children,the aged, infirm,or place
of rest for those suffering bodily disorder.
(205)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.
(206)Official ControL• Legislatively defined and enacted policies, standards,precise detailed
maps, and other criteria, all of which control the physical development of the city,or any part
thereof,or any detail thereof,and the means of translating into ordinances all or any part of
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the general objectives of the comprehensive plan. Such official controls may include,but are
not limited to ordinances establishing zoning, subdivision controls, site plan regulations,
sanitary codes,building codes, housing codes and official maps and have been adopted by
City of Scandia as the Development Code.
(207)Official Map: A map adopted in accordance with the provisions of Minnesota State Statutes,
394.361.
(208)Open Sales Lot: Lands devoted to the display of goods for sale,rent, lease or trade where
such goods are not enclosed within a building.
(209)Open Space: Land used for agriculture,natural habitat pedestrian corridors and/or
recreational purposes that is undivided and permanently protected from future development.
(210)Open Space Conservation Subdivision: A grouping of residential structures on smaller lots
than allowed in the specific zoning district, leaving some land dedicated as open space.
Major subdivisions where bonus lots are allowed providing for the maximum possible
protection of agricultural lands, ecologically significant areas,natural landscapes, scenic
attributes,open space, and cultural features.
(211)Open Space Development: See Open Space Conservation Subdivision.
(212)Open Storage: Storage of any material outside of a building.
(213)Ordinance: The City of Scandia Development Code.
(214)Outdoor Temporary Seasonal Sales: A temporary outdoor display and/or sale of the
following: Christmas trees,nursery products,and horticultural products(fruits,vegetables,
flowers,shrubs, and the like).
(215)Overlay District: A zoning district shown as an overlay on the zoning map.
(216)Owner: Includes all persons interested in a property as fee simple owner, life estate holder,
encumbrancer.
(217)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.
(218)Parking Space: A suitably surfaced and permanently maintained area on privately owned
property either within ar outside of a building of sufficient size to store one(1) standard
automobile.
(219)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 during the
growing season.
(220)Pedestrian Way: A public or private right-of-way across or within a block or tract,to be used
by pedestrians.
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(221)Performance Standards: The minimum development standards as adopted by the governing
body and included in this Code and file in the office of the zoning administrator.
(222)Person: Any person,corporation or association, including governmental agencies and
political entities.
(223)Place of Worship: A building,together with its accessory buildings and uses,where persons
regularly assemble for religious worship and which building,together with its accessory
buildings and uses is maintained and controlled by a religious body organized to sustain
public worship.
(224)Planned Unit Development: All developments having two or more principal uses on a single
parcel of land; and may include townhomes, multi-use structures, recreational uses,mixed
residential and commercial type developments,cotrvnercial type developments and industrial
type developments. See Chapter Two, Section 7.
(225)Planning Commission: The duly appointed planning and zoning commission of the City.
(226)Plant Community: A grouping of plants with common environmental requirements living in
a common geographic area,i.e.,wetlands, grasslands,boreal forests.
(227)Plant 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 tools,tractors and other vehicles, decorative rock, stone,
gravel, retaining walls and similar materials, except as an incidental use
(228)Platted Land: Lands with legal descriptions described as lot,block,plat name.
(229)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 moisture supply needed to economically produce sustained high yields of crops
when treated and managed, including water management, according to acceptable farming
methods.
, (230)Pollutant: Any substance which, when discharged,has potential to or does interfere with
state-designated water uses; obstruct or cause damage to surface waters; change water color,
odor or usability as a drinking water source through causes not attributable to natural
processes; add an unnatural surface film on the water; adversely change other chemical,
biological,thermal or physical conditions in any surface water; degrade the quality of
groundwater; or harm human life,aquatic life, or terrestrial plants and wildlife.
(231)Principal Structure or Use: All uses or structures that are not accessory uses or structure.
(232)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.
(233)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.
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(234)Public Land: Land owned and/or operated by a governmental unit,including school districts.
(235)Public Recreation Facility: An outdoor recreation facility owned or operated by a
governmental or non-profit arganization in which athletic activities are permitted to be
played by the general public. Examples of such a facility would be a softball complex, soccer
fields, etc.
(236)Public Waters: Any water as defined in Minnesota Statutes, Section 103.G.005 (15.)
(237)Quarter-Quarter Section: A tract of land legally described as a full quarter-quarter section or
a 40-acre parcel not reduced by more than 10%due to road right-of-way dedication.
(238)Recreation Equipment: Personal property(non-vehicular)used primarily for recreation and
leisure time activities and purposes,including sports equipment,picnic tables,barbecue
grills,bird feeders,patio furniture,and the like.
(239)Recreation Facilities: Accessory structures and/ar uses that are customary and incidental to
the principal use of the site, including swing sets,play structures, sand boxes, skate board
ramps,tennis courts, sport courts, swimming pools and their related aprons, and the like,
intended for the enjoyment and convenience of the residents of the principal use and their
occasional guests.
(240)Recreation,Indoor Commercial: A privately-owned business directed toward the general
public that offers recreational entertainment within buildings, such as bowling alleys,billiard
halls, and roller skating, operated with the intention of earning a profit.
(241)Recreation,Outdoor Commercial: A privately-owned business directed toward the general
public that offers non-motorized recreational activities in outdoor areas, such as waterslides,
golf,miniature golf, driving ranges, and skiing and operated with the intention of earning a
profit. Campgrounds or overnight camping shall not be considered a Recreation,Outdoor
Commercial use.
(242)Recreation Vehicle: A vehicle,machine,ar device used primarily for recreation and leisure
time activities and piuposes, including recreational camping vehicles,classic cars,cars used
for racing,motor boats, sailboats, row boats, canoes, snowmobiles,all-terrain vehicles,and
the like,together with any trailer appurtenant thereto.
(243)Recreation Vehicle, Camping: Any vehicle or structure which meets the following
qualifications:
(A) Any vehicular,portable structure mounted on wheels to be towed by a self-propelled
vehicle,and desi�med to be used as temporary living quarters for travel,vacation uses or
for recreational uses. Such structures include travel trailers,pop-up(including folding and
retractable)campers,ice-fishing houses, and the like.
(B) Any vehicular,portable structure designed to be mounted on a truck upon a self-propelled
vehicle for use as temporary living quarters for travel,recreation,or vacation uses. Such
structures include,but are not limited to,pick-up campers.
(C) Any vehicular,portable structure mounted on wheels,designed to be used as temporary
living quarters for travel,recreation,or vacation uses,and which is constructed as an
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integral part of a self-propelled vehicle. Such vehicles include motorhomes,mini-
motorhomes,buses converted into campers, and the like.
(244)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.
(245)Recycling: The process of collecting and preparing recyclable materials and reusing the
materials 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.
(246)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.
(247)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.
(248)Regional Flood. A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of wliat 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 flood insurance study.
(249)Research: Medical,chemical, electrical,metallurgical or other scientific research and quality
control,conducted in accordance with the provisions of this Development Code.
(250)Residence, Assisted-living: Housing establishment with services that is registered with the
State of Minnesota and provides sleeping accommodations to more than 12 adult residents, at
least 80 percent of which are 55 years of age or older,and at a minimum provides or makes
available health-related services under a class A or class F home care license issued by the
State of Minnesota,whether offered or provided directly by the establishment or another
entity.
(251)Residential facility: Any facility,public or private,which far gain or otherwise regularly
provides one or more persons with a 24-hour per day substitute for care, food, lodging,
training, education, supervision,habitation,rehabilitation,and treatment they need,but
which for any reason cannot be furnished in the person's own home. Residential facilities
include, but are not limited to, state institutions under the control of the commissioner of
public welfare,foster homes, residential treatment centers,maternity shelters, group homes,
residential programs,or schools for handicapped children.
(252)Resort: Any structure or group of structures containing more than two (2)dwelling units or
separate living quarters designed or intended to serve as seasonal or temporary dwellings on
a rental or lease basis for profit with the primary purpose of said structure or structures being
recreational in nature. Uses may include a grocery for guests only, fish cleaning house,
marine service,boat landing and rental,recreational area and equipment and similar uses
normally associated with a resort operation.
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(253)Resource Inventory: A survey of the land's features including its natural resources,cultural
resources, scenic views and viewsheds,and physical characteristics.
(254)Restaurant: A business establishment whose principal business is the preparing and selling
of unpackaged food to the customer in a ready-to-consume state.
(255)Retail Business: Stores and shops selling personal services or goods over a counter.
(256)Road,Private: A road that is owned and maintained by a private landowner, group of
landowners,or association.
(257)Road, Public: A road owned and maintained by a government jurisdiction.
(258)Scenic Resources: That part of the landscape that provides a picturesque view and may
contain outstanding recreational,natural,historic, scientific and�nanmade values.
(259)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.
(260)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.
(261)Security Lighting: Outdoor lighting fixtures installed exclusively as a measure to reduce the
possible occurrence of a crime on the property.
(262)Sediment: The product of an erosion process; solid material both mineral and organic,that is
in suspension,is being transported, or has been moved by water,wind or ice, and has come
to rest on the earth's surface either above or below water level.
(263)Sediment Control: The methods employed to prevent sediment from leaving a site.
Sediment control practices include silt fences, sediment traps,earth dikes,drainage swales,
check dams, subsurface drains,pipe slope drains, storm drain inlet protection, and temporary
or permanent sedimentation basins.
(264)Self-Service Storage: A structure or structures containing separate storage spaces of varying
sizes which are leased or rented individually.
(265)Septic Permit: A permit required from the responsible governmental agency for the
installation of any new or replacement on-site sewage disposal system.
(266)Setback: The minimum horizontal distance between a structure 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 property
line.
(267)Sewage: Any water-carried domestic waste, exclusive of footing and roof drainage of any
residence, industry,agricultural or commercial establishment whether treated or untreated.
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(268)Shielding: A technique or method of construction permanently covering the top and sides of
a light source by a material which restricts the light emitted to be projected below an
imaginary horizontal plane passing through the light fixture.
(269)Shipping Container: A reusable transport and storage unit for moving products and raw
materials between locations or countries. A typical container has doors fitted at one end and
is constructed of corrugated weathering steel or steel panels. Includes"intermodal shipping
container"or"freight container."
(270)Shopping Center: Any grouping of two(2)or more principal retail uses whether on a single
lot or on abutting lots under multiple or single ownership.
(271)Sign: A display, illustration, structure or device that directs attention to an object,product,
place, activity,person, institution, organization or business.
(272)Sign,Advertising: A sign that directs attention to a business or profession or to a
commodity, service or entertainment not sold or offered upon the premises where such sign
is located or to which it is attached.
(273)Sign Area: The entire area within a continuous perimeter enclosing the extreme limits of
such sign. Such perimeter shall not include any structural elements lying outside of such sign
and not forming an integral part or border of the sign.
(274)Sign, Business: A sign that directs attention to a business or profession or to the commodity,
service,or entertainment sold or offered upon the premises where such sign is located or to
which it is attached.
(275)Sign, Development Identification: A sign that identifies the name of a residential,
commercial or industrial development at a street entrance to the development.
(276)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.
(277)Sign,Identification: A sign that identifies the inhabitant of the dwelling.
(278)Sign,Monument: A sign not supported by posts or poles which is architecturally designed
and located directly at grade where the base width dimension is 50%or more of the width of
the greatest width of the sign.
(279)Sign, Motion: A sign that has revolving parts or signs that produce moving effects through
the use of illumination.
(280)Sign,Nameplate: A sign that states the name andlor address of the business, industry or
occupant of the site and is attached to said building or site.
(281)Sign,Pedestal: A ground sign usually erected on one(1)central shaft or post that is solidly
affixed to the ground.
(282)Sign, Real Estate: A sign offering property(land andlor buildings) for sale, lease or rent.
(283)Sign,Roof: A sign erected upon or above a roof or parapet of a structure.
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(284)Sign, Shopping Center or Industrial Park: A business sign designating a group of shops or
offices.
(285)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.
(286)Special Events: An outdoor gathering of at least 100 individuals whether on public or private
property, assembled with a common purpose for a period of one hour or longer but may not
exceed twelve hours in duration; except,that events held during the two-day Taco Daze
community celebration shall be considered one event. Special Events include,but are not
limited to concerts,theatrical productions,public dances, fairs,carnivals,circuses,parades,
flea markets,auctions,marathons, walkathons, festivals, races,bicycle events,celebrations,
or any other gathering or events of similar nature. Special Events do not include events that
are not open to the public and held on private property such as graduation parties or social
parties.
(287)Spillage,Light: Any reflection, glare or other artificial light emission onto any adjoining
property or right-of-way above a defined maximum illumination.
(288)Sports and Fitness Clubs: a place which houses exercise or sports equipment and sponsors
sports and physical exercise activities.
(289)Story: That portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof
above, not including a basement or a story not above grade plane.
(290)Story Above Grade Plane. Any story having its finished floar surface entirely above grade
plane, except a basement,which shall be considered as a story above grade where the
finished surface of the floor above the basement is:
(A) more than 6 feet(1,829 mm) above grade plane;
(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.
(291)Street: A public right-of-way that affords a primary means of access to abutting property.
(292)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.
(293)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.
(294)Street, Local: A street intended to serve primarily as an access to abutting properties.
(295)Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic.
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(296)Street Width: The width of the right-of-way measured at right angles to the centerline of the
street.
(297)Structural Alteration: Any change, other than incidental repairs,which would affect the
supporting members of a building, such as bearing walls,columns,beams, girders or
foundations.
(298)Structure: Anything constructed or erected on the ground or attached to the ground or on-site
utilities, including,but not limited to,buildings, factories, sheds,detached garages,cabins,
recreational vehicles not meeting the exemption criteria specified in Section 9.1 (1)of
Chapter Six,and other similar items. Used interchangeably with"building"for purposes of
this Development Code.
(299)Structure,Nonconforming: Any structure lawfully or legally existing on the effective date of
this Development Code,or any amendment thereto,which does not conform to the
regulations, including the dimensional standards, for the district in which it is located after
the effective date of this Development Code or amendments thereto.
(300)Studio: An indoor space that has been built or equipped to accommodate learning, practicing
or the performance of activities such as arts, dance,health and fitness, decorating,music,
photography and similar uses.
(301)Subdivision: The process of dividing land into two or more parcels for the purpose of transfer
of ownership,building development or tax assessment purposes by platting,replatting,
registered land survey,conveyance sale,contract for sale or other means by which a
beneficial interest in land is transferred.
(302)Subdivision,Major: All subdivisions 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 or extension of an existing street.
(303)Subdivision, Minor: Any subdivision containing three(3) or less lots fronting on an existing
street, not involving any new street or road,or the extension of municipal facilities, or the
creation of any 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.
(304)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.
(305)Temporary Dwelling,During Construction: A mobile home that temporarily serves as a
residence for the present or potential occupant that the primary single-family residence is
being constructed,reconstructed ar altered.
(306)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 farming on the
premises and meeting other criteria specified in the Development Code.
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(307)Temporary Outdoor Sales: any sales conducted outside a building or structure for a limited
period of time. Such sale may include tent sales, sidewalk sales,produce stands and similar
outdoor sales.
(308)Theatre: A building for the presentation of films or the performing arts.Theatre facilities
regulated under Ordinance 88, regulating Adult-0riented Uses,are excluded from this
definition.
(309)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.
(310)Tower Accessory Structure: A structure located at the base of the tower housing base
receiving/transmitting equipment.
(311)Transient Merchant: Any person, individual, co-partnership, incorporation,both as principal
and agent,who is engaged in,does, or transacts any temporary and transient business selling
goods, wares,and merchandise; and,who for the purpose of carrying on such business,has
complied with the administrative permit requirements of this Chapter,and hires,leases,
occupies,or uses a site,parking lot, vacant lot, motor vehicle, or trailer in a zoning district
where it is allowed by this Chapter.
(312)Transient Produce Merchant: Any person who engages in or transacts in a temporary and
transient business within the city, selling the products of the farm or garden occupied and
cultivated by that person; and, who for the purposes of carrying on such business,hires,
leases, occupies, or uses,a site, parking lot, vacant lot,motor vehicle, or trailer on a site other
than the property on which the produce is grown and cultivated in a zoning district where it is
allowed by this Chapter.
(313)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 semi-trailers, including
tractor or trailer units and other trucks are parked or stored.
(314)Transportation Terminal: Truck,taxi,air,bus,train and mass transit terminal and storage
area, including motor freight(solid and liquid)terminal.
(315)Travel Trailer/RV Campground: An area or premises operated as commercial enterprise on a
seasonal basis and generally providing space for seasonal accommodations for transient
occupancy or use by transients occupying camping trailers, self-propelled campers and tents.
(316)Tree and Woodland Preservation-Related Definitions:
(A) Caliper Inch: The diameter of a tree measured at 54 inches above ground level.
(B) Coniferous Trees: A wood plant which, at maturity, is at least twelve(12)feet or more in
height, is cone-bearing and has thin needlelike leaves.
(C) Construction Zone: Any area in which movement of earth, alteration in topography, soil
compaction,disruption of vegetation, change in soil chemistry, change in groundwater ar
surface water hydrology, or other change in the natural character of the land occurs as a
result of the site preparation, grading,building construction, or any other construction
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activity. Examples include road rights-of-way, house and driveway construction areas and
drainfields,ponding areas, etc.
(D) Critical Root Zone(CRZ): An imaginary circle surrounding the tree trunk radius distance
of one(1) foot per one(1) inch of tree diameter, (i.e.,a twenty(20)inch diameter tree has
a CRZ with a radius of twenty(20)feet).
(E) Drip Line: The farthest distance away from the trunk that rain or dew will directly fall to
the ground from the leaves or branches of the tree.
(F) Invasive Tree Species: a tree species that is non-native to the ecosystem and whose
introduction causes economic or environmental harm. Invasive tree species include,bu*t
are not limited to Common Buckthorn(Rhamnus cathartica), Glossy Buckthorn
(Rhamnus frangula),Tartarian Honeysuckle(Lonicera tatarica),Amur Maple(Acer
ginnala), and Siberian Elm(Ulmus pumila).
(G) Multi-trunk Tree. A multi-trunk tree is considered as one tree if the trunk forks at a height
54 inches above ground level. For multi-trunk trees that fork at or below 54 inches, each
trunk is considered a separate tree.
(H) Native Coniferous Tree: Includes,but not limited to,White Pine,Jack Pine,and
Tamarack. � � �, k�' �)
�
(I) Primary Deciduous Tree: Native deciduous ntr�ees including,but not limited to American
Mountain Ash(Sorbus americana), Showy Mountain Ash(Sorbus decora),American
Basswood(Tilia americana), Paper Birch(Betula papyrifera),Yellow Birch(Betula
alleghaniensis), Black Walnut(Juglans nigra), Blue Beech(Carpinus caroliniana),
Butternut (Juglans cinerea),Black Cherry(Prunus serotina), Pin Cherry(Prunus
pensylvanica),American Elm(Ulmus americana),Bitternut Hickory(Carya cordifornus),
Shagbark Hickory(Carya ovata),Hackberry(Celtis occidentalis), Ironwood(Ostrya
virginiana), Sugar Maple(Acer saccharum),Black Maple(Acer nigrum),Red Maple
(Acer rubrum),Mountain Maple(Acer spicatum), Silver Maple(Acer saccarinum), Black
Oak(Quercus velutina),Bur Oak(Quercus macrocarpa), Chestnut Oak(Quercus
muehlenbergii),Norihern Pin Oak(Quercus ellipsoidalis),Northern Red Oak(Quercus
rubra), and Wl�ite Oak(Quercus alba).
�'.
(J) Secondary Deciduous Tree: Native deciduous trees that are Quaking Aspen(Populus
tremuloides),Box Elder(Acer negundo), and Eastern Cottonwood(Populus deltoides).
(K) Significant Tree: A healthy tree measuring a minimum of six (6) caliper inches in
diameter or greater(as measured 54 inches above the ground) for all primary deciduous
trees, a minimum of twenty(20)caliper inches in diameter or greater far all secondary
deciduous trees,or a minimum of twelve(12) feet in height for all native coniferous trees.
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(L) Significant Woodland: a treed area of at least 15,000 square feet or more which includes
significant trees.
(M) Woodland: a treed area of at least 15,000 square feet.
(317)Truck Stop: A motor fuel station devoted principally to the needs of tractor-trailer units and
trucks,and which may include eating and/or sleeping facilities.
(318)Use: The function for which property can be used.
(319)Use,Accessory: A use subordinate to and serving the principal use or structure on the same
lot and customarily incidental to such principal use.
(320)Use, Open Space: The use of land without a structure or including a structure incidental to
the open space use.
(321)Variance: A modification of a specific permitted development standard required in an official
control to allow an alternative development standard not stated as acceptable in the official
control,but only as applied to a particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance. See Chapter One, Section 6.
(322)Vegetation,Natural: Plant life which is native to the location and which would normally
grow if the ground were left undisturbed.
(323)Veterinary: Those uses concerned with the diagnosis,treatment and medical care of animals,
including animal or pet hospitals.
(324)Warehousing: The storage,packing and crating of materials or equipment within an
enclosed building or structure.
(325)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 fla�runable or explosive or that create hazardous or commonly recognized offensive
conditions.
(326)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.
(327)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 103D201.
(328)Wetland: As defined in Minnesota Rules 7050.0130, subpart F,those areas that are inundated
or saturated by surface water or ground water at a frequency and duration sufficient 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 hydric soils; b. inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for
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life in a saturated soil condition; and c. under normal circumstances support a prevalence of
such vegetation.
(329)Wholesaling: The selling of goods, equipment and materials by bulk to another person who
in turn sells the same to customers.
(330)Yard: The open space on an occupied lot that is not covered by any structure.
(331)Yard,Front: A yard extending across the portion of the lot facing a street between the inner
side yard lines and lying between the front line of the lot and the nearest building line, except
for buildings on Recreational or Natural Environment lakes where the front yard faces the
water.
(332)Yard,Rear: A yard extending across the rear of the lot between the inner side yard lines and
lying between the rear line of the lot and the nearest building line.
(333)Yard, Required: A yard area that may not be built on or covered by structures because of the
dimensional setbacks for said structures within the zoning district.
(334)Yard, Side: A yard between the side line of the lot and the nearest building line.
(335)Yard Waste Facility: Any site used for the processing or composting of garden waste,
leaves, lawn cuttings, weeds, shrub and tree waste and prunings generated off site. Yard
wastes generated on site and used on the same site are not included in this definition.
(336)Yield Plan: A subdivision plan drawn to scale, containing sufficient information showing the
maximum number of lots that could be permitted using the performance standards far lots in
a conventional subdivision in accordance with the City of Scandia Development Code.
(337)Zoning District: An area ar areas within the City in which the regulations and requirements
of this Development Code are applied.
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City of Scandia Development Code,Chapter I Page I-33
DRAFT July 22,2010 Chapter One 0 Administiation
SECTION 5.0 AMENDMENTS TO THE DEVELOPMENT CODE
AND COMPREHENSIVE PLAN (TEXT AND MAP)
5.1 Procedures. Pursuant to Minnesota Statutes 15.99,an application for an amendment to this
Development Code 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 sixry(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 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 as set forth in City Ordinance,2) detailed
written and graphic materials,the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use, and 3) for
amendments involving a change in district boundaries,one copy of a list of property owners
located within one thousand three hundred and twenty(1,320) feet of the subject 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 application,as determined by staff review,and following
preliminary staff analysis of the application and request,the Zoning Administrator, when
appropriate, shall set a public hearing following proper hearing notification.The Planning
Commission shall conduct the hearing, and report its findings and make recommendations to
the City Council.
(3) Notice of said hearing shall consist of a description of the request and, in for amendments
involving a change in district boundaries,a legal property description. Notice shall 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 land
one thousand three hundred and twenty(1,320) feet of the boundary of the property in
question for amendments involving a change in district boundaries. Failure of a property
owner to receive said notice(s) shall not invalidate any such proceedings as set forth within
this Chapter.
(4) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical
reports where appropriate,and to provide general assistance in preparing a recommendation
of the action to the Planning Commission and City Council.
(5) The Planning Commission shall consider possible effects of the proposed amendment. Its
judgment shall be based upon(but not limited to)the following factors:
(A) The proposed action shall be considered in relation to the specific policies and provisions
of and shall be consistent with the City Comprehensive Plan,including public facilities
and capital improvement plans.
City of Scandia Development Code,Chapter 1 Page I-34
DRAFT July 22,2010 Chapter One 0 Administration
(B) Whether the proposed action meets the purpose and intent of this Chapter 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
information from the applicant or to obtain expert testimony with the consent and at the
expense of the applicant, if additional information is 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 recommendation shall be accompanied by the report and recommendation of the City
staff.
(9) The City Council shall not act upon an amendment until it has 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 existing classification of a zoning district
from residential to either commercial or industrial,approval shall require passage by a two-
thirds(2/3)vote of the full City Council. Approval of any other proposed amendment shall
require passage by a majority vote of the entire City Council.
(11) The amendment shall not become effective until such time as 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,a similar application for an amendment 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 not
less than a majority of the full City Council.
5.2 Amendments- Initiation. The City Council or Planning Commission may initiate a request to amend
the text of this Chapter or the district boundaries of the Zoning Map. The procedural requirements of
Section 5.1 of this Chapter shall not apply to such proposed amendments except to the extent required
by State Statute. Any person owning real estate within the City may initiate a request to amend the text
of this Chapter or the district boundaries of the Zoning Map so as to affect the said real estate.
5.3 Certification of Taxes Paid. Prior to approving an application for rezoning,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 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 this Chapter and 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.
City of Scandia Development Code,Chapter I Page 1-35
DRAFT luly 22,2010 Chapter One 0 Administration
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SECTION 6.0 VARIANCES � ' � �
61 Purpose. The purpose of this section is to permit deviations &om 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 Zonin�justments and Appeals. The City Council shall act as the Board of Zoning
Adjustments and Appeals.
63 Review Criteria. The Board shall not approve any variance application unless it finds that 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, shape, or topographical conditions of
the specific parcel of land involved, a particular hardship to the owner would result,as
distinguished from a mere inconvenience,if the strict letter of the regulations were to be
carried out.
(2) That the conditions upon which a petition for a variance is based are unique to the parcel of
land for which the variance is sought and are not applicable, generally,to other property
within the same zoning classification.
(3) That the purpose of the variance is not based exclusively upon a desire to increase the value
or income potential of the parcel of land.
(4) That the alleged difficulty or hardship is caused by provisions of this Chapter and has not
been created by any persons having an interest in the parcel of land and is not a self-created
hardship.
(5) That the granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel of land is located.
(6) That the proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets,or increase the danger
of fire, or endanger the public safety,or substantially diminish or impair property values
within the neighborhood.
(7) That the requested variance is the minimum action required to eliminate the hardship.
6.4 Procedures. Pursuant to Minnesota Statutes 15.99,an application for a variance 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 a variance shall be filed with the Zoning Administratar 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
City of Scandia Development Code,Chapter I Page 1-36
DRAFT July 22,2010 Chapter One 0 Administration
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 a non-refundable fee to pay for staff time and indirect costs incurred by the
City for processing, reviewing and hearing the application, and an escrow deposit to be
applied in reimbursement of the City for all such out-of-pocket costs that are incurred by the
City,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 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 review, and following
preliminary staff analysis of the application and request,the Zoning Administrator,when
appropriate, shall establish a time and place for consideration by the Planning Co�nmission.
At least ten(10)days before the date of the meeting, a written notice of the meeting shall be
mailed to the applicant and to all other owners of property located within five hundred (500)
feet of the boundaries of the 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 within this Chapter.
(4) The Zoning Administrator shall cause the preparation of technical reports where appropriate,
and provide general assistance in preparing a recommendation on the action to the Board.
(5) The Planning Commission and Zoning Administrator shall have the authority to request
additional information from the applicant concerning operational factors or to obtain expert
testimony with the consent and at the expense of the applicant concerning operational
factors, if such additional information is necessary to establish performance conditions in
relation to all pertinent sections of this Chapter.
(6) The applicant or a representative thereof may appear before the Planning Commission in
order to present and answer questions concerning the proposed request.
(7) The Planning Commission shall make a finding of fact and shall make a recommendation to
the City Council on such actions or conditions relating to the request as it deems necessary to
carry out the purposes of this Chapter.
(8) The Board shall not act upon the request until it has 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) 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
Ciry of Scandia Development Code,Chapter 1 Page 1-37
DRAFT July 22,2010 Chapter One 0 Administration
variance is granted, as to light,air,and the public health, safety,comfort, convenience and
general welfare.
(10) Where variances are granted under the provisions of this Section,the Board shall require
such 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 shal l 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 denied by the Board, a
similar application for a variance affecting substantially the same property shall not be
considered again by the Planning Commission or Board 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 Board.
6.5 A�peal of Board Rulin�. Any person or persons,any private or public board,or taxpayer of the City
aggrieved by any decision of the Board shall have the right to seek review 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.
6.6 Expiration. Unless the Board specifically approves a different time when action is officially taken on
the request,approvals which have been issued under the provisions of this section shall expire without
further action by the Planning Commission or the Board,unless the applicant commences the
authorized use or improvement within one(1)year of the date the variance is issued; or,unless before
the expiration of the one(1)year period;the applicant shall apply for an extension thereof by
completing and submitting a request for extension, 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 request for an extension not exceeding one(1)year
shall be subject to the review and approval of the Zoning Administrator. Should a second extension of
time or any extension of time longer than one(1)year be requested by the applicant, it shall be
presented to the Planning Commission for a recommendation and to the Board for a decision.
6.7 Certification of Taxes Paid. Prior to approval of an application for a variance,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 variance application relates.
City of Scandia Development Code,Chapter I Page 1-38
DRAFT July 22,2010 Chapter One 0 Administration
SECTION 8.0 CONDITIONAL USE PERMITS
8.1 Purpose. 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 period. Extensions may also be requested by
the applicant. Additional City requirements are as follows:
(1) Requests for conditional use 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 application forni, 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, in the number and size prescribed by the Zoning
Administrator, fully explaining the proposed change,development,or use,and 3)a list of
property owners located within one thousand three hundred and twenty(1,320) feet of the
subject 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 application, as determined by staff review,and following
preliminary staff analysis of the application and request,the Zoning Administrator,when
appropriate, shall set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its findings and make recommendations to
the City Council.
(3) Notice of said hearing shall consist of a legal property description and a description of the
request, which shall 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
the hearing to all owners of land within one thousand three hundred and twenty(1,320) 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.
(4) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical
reports where appropriate,and to 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 obtain expert testimony with the consent and at the
expense of the applicant, if such additional information is necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
City of Scandia Development Code,Chapter 1 Page I-40
DRAFT July 22,2010 Chapter One 0 Administiation
SECTION 7.0 APPEALS OF RULINGS OF ZONING ADMINISTRATOR
OR BOARD OF ADJUSTMENT AND APPEALS
7.1 Board Desi an�on. The City Council shall serve as the Board of Adjustments and Appeals.
7.2 A�plicability_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 Filin�• An appeal from the ruling of an administrative officer of the City shall be filed by the property
owner or the owner's agent with the Zoning Administrator within thirty(30)days after the making of
the order being appealed.
7.4 Stav of Proceedin�s. An appeal stays all proceedings and the furtherance of the action being appealed
unless it is certified to the Board of Adjustment and Appeals,after the notice of appeal 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 a restraining 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:
(1) The property owner or the owner's agent shall file with the Zoning Administrator a notice of
appeal stating the specific grounds upon which the appeal is made. Said application shall be
accompanied by a fee set forth in City Ordinance.
(2) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical
reports when appropriate and shall provide general assistance in preparing a recommendation
on the action to the Board of Adjustment and Appeals.
(3) The Board of Adjustment and Appeals shall make its decision by resolution within sixty(60)
days from the date on which a completed application is filed.
(4) The Zoning Administrator shall serve a copy of the final order of the Board upon the
petitioner by mail.
7.6 Appeals from the Board of Adjustment and Appeals. Any person or persons, any private or public
board,or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals shall
have the right to seek review 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.
City of Scandia Development Code,Chapter I Page 1-39
DRAF'T July 22,2010 Chapter One 0 Administration
(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 it deems necessary to carry out the intent and purpose of
this Chapter.
(8) The City Council shall not grant a conditional use permit until it has�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 a quorum of the 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.
8.4 General Criteria. As may be applicable, the evaluation of any proposed conditional use permit request
shall be subject to and include,but be not limited to,the following general criteria:
(1) The conditional use will be in compliance with and shall not have a negative effect upon the
Comprehensive Plan, including public facilities and capital improvement plans.
(2) The establishment,maintenance or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health,
safety,morals or comfort.
(3) The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted,nor substantially diminish and impair
property values or scenic views.
(4) The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district.
(5) Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
(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.
8.5 Performance Standards. As may be applicable,the evaluation of any proposed conditional use permit
City of Scandia Development Code,Chapter 1 Page I-41
DRAFT July 22,2010 Chapter One 0 Administration
request shall be subject to and include,but be not limited to,all applicable performance standards
provided by Chapter 2 of this Development Code,and the following general standards applicable to all
conditional uses:
(1) The use and site in question shall be capable of supporting the wastewater disposal needs of
the proposed use,and shall 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, woodland and tree preservation requirements shall be met.
(5) All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring property and be in compliance with all city lighting
requirements.
(6) Potential exterior noise generated by the use shall be identified and mitigation measures as
may be necessary shall be provided to insure compliance with the city's noise ordinance.
(7) The site drainage system shall �neet all applicable standards for management of water
quantity and water quality.
(8) The architectural appearance and functional design of non-residential buildings and sites
shall be in harmony with the Scandia Architectural Design Guidelines and with the character
of the surrounding buildings and sites.
(9) All signs and informational ar visual communication devices shall be in compliance with
applicable regulations.
(10) The use and site shall be in compliance with any federal or state laws or regulations which
are applicable and any other required permits are obtained and documented to the City.
(11) Any applicable business licenses that may be mandated by City ordinance are approved and
obtained.
(12) The hours of operation may be restricted when there is potential negative impact upon the
surrounding area or neighboring uses.
(13) Any costs that may be incurred by the city to monitor compliance with the conditions of the
Conditional Use Permit 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 pernut for cause upon determination that the authorized conditional
use is not in conformance with the conditions of the permit or is in continued violation of this Chapter,
City Ordinances, ar other applicable regulations.The City Council or Planning Commission shall
initiate an action and the Zoning Administrator shall notify the responsible person to whom the permit
was issued and owner of the property,that the person or property owner has an opportunity to show
City of Scandia Development Code,Chapter 1 Page 1-42
DRAFT July 22,2010 Chapter One 0 Administration
cause why the permit should not be revoked. A hearing shall be held pursuant to Section 8.2 of this
Chapter. The Zoning Administrator shall provide the responsible person to whom the pernut was issued
and the owner of the property a copy of the proceedings and findings of the Planning Commission and
City Council determining whether the conditional use permit shall be revoked.
8.7 Amendment. Holders of a conditional use permit may propose amendments to the permit at any time,
following the procedures for a new permit 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 approves a different time when action is officially
taken on the request,permits which have been issued under 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 of the date the conditional use permit is issued; or,
unless before the expiration of the one(1)year period the applicant shall apply for an extension thereof
by completing and submitting a request for extension, including the renewal fee as set forth by City
Ordinance. The request for extension shall state facts showing a good faith attempt to complete or
utilize the use permitted in the conditional use pernut. A request for an extension not exceeding one(1)
year shall be subject to the review and approval of the Zoning Administrator. Should a second
extension of time or any extension of time longer than one(1)year be requested by the applicant,it
shall be presented to the Planning Commission for a recommendation and to the City Council for a
decision.
8.9 Financial Guarantee. Following the approval of a conditional use permit 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 conditional use permit
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.
8.10 Certification of Taxes Paid. Prior to approving an application for a conditional 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 conditional use
permit application relates.
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City of Scandia Development Code,Chapter I Page 1-43
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DRAFT July 22,2010 Chapter One 0 Administration
SECTION 9A INTERIM USES
9.1 Purpose: 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 ar conditional use allowed within the respective district.
(3) To allow a use which is reflective of anticipated long range change to an area and which is in
compliance with the Comprehensive Plan provided that said use maintains harmony and
compatibility with surrounding uses and is in keeping with the architectural character and
design standards of existing uses and development.
9.2 Procedures. Uses defined as interim uses which do not presently exist within a respective zoning
district shall be processed according to the standards and procedures for a conditional use permit as
established by Section 8.0 of this Chapter.
9.3 General Standards. An interim use shall comply with the following:
(1) The use shall meet the applicable standards for a conditional use permit set forth in Sections
8.4 and 8.5 of this Chapter.
(2) The use is allowed as an interim use in the respective zoning district.
(3) The date or event that will terminate the use can be identified with certainty.
(4) The use will not impose additional unreasonable costs on the public.
(5) The user agrees to any conditions that the City Council deems appropriate for pernussion of
the use.
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9.4 Termination. An interim use shall terminat on the happening�of any of the following events,
whichever occurs first:
(1) The date stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the City's zoning regulations which renders the use nonconfornung;
(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 permit application
relates.
Cily of Scandia Development Code,Chapter I Page 1-44
DRAFT July 22,2010 Chapter One 0 Administration
SECTION 10.0 ADMINISTRATIVE PERMITS AND APPROVALS
10.1 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 delegated for approval by
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 application form,or the
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 to be
applied in reimbursement of the City for all out-of-pocket costs that are incurred for
processing,reviewing and hearing the application, as set forth by City Ordinance for
administrative permit applications. Applications for amending permits shall be accompanied
by a non-refundable fee and escrow deposit as set forth by City Ordinance for administrative
permits.
(3) The Zoning Administrator shall review the application and related materials and shall
determine whether the proposal is in compliance with all applicable evaluation criteria,
codes,ordinances, and applicable performance standards set forth in this Chapter.
(4) The Zoning Administrator shall consider possible adverse effects of the proposed events or
activity. Judgment shall be based upon(but not limited to)the following factors:
(A) The use will be in compliance with and shall not have a negative effect upon the
Comprehensive Plan, including public facilities and capital improvement plans.
(B) The establishment,maintenance or operation of the use, event or activity will promote
and enhance the general public welfare and will not be detrimental to or endanger the
public health, safety,morals or comfort.
(C) The use,event,or activity will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted,nor substantially diminish
and impair property values within the neighborhood.
(D) The establishment of the use, event or activity will not impede the normal and orderly
development and 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.
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(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 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.
(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 plans and/or information,
which shall be evaluated by the Zoning Administrator to determine compliance.
(8) Unresolved disputes as to administrative application of the requirements of this paragraph
shall be subject to appeal as defined by Section 7.0 of this Chapter.
10.3 Information Requirement. The information required for all administrative permit applications shall
include:
(1) A concise statement describing the proposed use, event or activity, including the purpose,
type of inerchandise involved, dates and times of operation,number of employees involved,
provisions for on-site security,provisions for on-site parking, and other pertinent information
required by the Zoning Administrator to fully evaluate the application.
(2) A copy of the approved site plan for the property or an"as built"survey which accurately
represents existing conditions on the site, including entrances and exits,bona fide parking
and driving areas, and which accurately indicates any proposed temporary structures,
including tents, stands, and signs.
(3) An accurate floor plan,when in the judgment of the Zoning Administrator, such a plan is
necessary to properly evaluate the application.
(4) A copy of the current sales tax certificate issued by the State of Minnesota, if applicable.
(5) Information identified in Section 11 of this Chapter,as may be applicable.
10.4 Performance Standards. All 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 Development 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.
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(3) Enforcement of the provisions of this paragraph shall be in accordance with Section 2.0 of
this 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 permit 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 pernut. Unless otherwise specified by the Zoning
Administrator,an administrative permit required for a use or structure shall become null and
void pursuant to the provisions of Section l 1.9 of this Chapter.
10.8 Non-Permit Approvals. In cases where the Zoning Administrator is given approval authority without a
requirement for an administrative permit, determinations shall be based upon the criteria outlined in
Section 10.2 (4) of this Chapter.
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SECTION 11.0 SITE PLAN REVIEW<<— " ' -�----- - '�
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11.1 Purpose. The purpose of this section is to establish a formal site plan review procedure and provide yw�
regulations pertaining to the enforcement of site design standards consistent with the requirements of w
this Development Code. �� � �.-, /�—
11.2 Exceptions to Review. The following shall be exempt from the foregoing requirements: � Q��"��`'��l I �
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(1) Agricultural uses in the AG-C,AP and GR Zoning Districts. �` '�'' ' V �'�`�
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(2) Single family detached dwellings and related accessory uses. �:v�, ,,,_
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(3) Two family attached dwellings and related accessory uses.
11.3 Pre-Application Sketch Review.
(1) Prior to the formulation of a site plan,applicants may present a sketch to the Zoning
Administrator prior to filing of a formal application. The sketch may be conceptual and may
include the following related materials:
(A) A scale drawing of the proposed site with reference to existing development within 200
feet of adjacent properties.
(B) General location of proposed structures. ����
(C) Tentative street arrangements, both public and private.
(D) Amenities to be provided such as recreational areas, open space,walkways, etc.
(E) General location of parking areas.
(F) Proposed sewage disposal facilities,water service and storm drainage.
(G) A statement showing the proposed density of the project with the method of calculating
said density also shown.
� (H) Extent of and any proposed modifications to land within any applicable Overlay Districts
as described and regulated by this Development Code.
(I) Topographic 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.
(N) Letter of concurrence from landowner, if the landowner is not the applicant.
(2) The Zoning Administrator shall review the sketch and provide informal comments. The
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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 project would require.
11.4 Minor Projects. Site plans classified as minor projects and may be administratively approved by the
Zoning Administrator in lieu of Planning Commission review and City Council approval.
(1) Definition of Minor Project.
(A) The site and the use must be in compliance with the Comprehensive Plan.
(B) The use must be explicitly classified as a permitted or accessory use within the respective
zoning districts of this Chapter.
(C) All applications for site plan approval must be complete and in full accordance with the
requirements of this Chapter. All applicable fees shall be paid.
(D) All project proposals and site plan layouts must meet or exceed the standards of all
applicable codes, ordinances,and policies and must be free of any variances from those
standards.
(E) All sites must be legal parcels of record at the time of application.
(2) Procedures for Review of Minor Projects. Pursuant to Minnesota Statutes 15.99,an
application for site plan approval 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 for administrative approval of eligible site plans
shall be as follows:
(A) Requests for site plan approval, as provided in 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 to be
applied in reimbursement of the City for all out-of-pocket costs that are incurred for
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
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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 of City Code,ordinance,or
policy requirements may be formally appealed pursuant to Section 7.0 of this Chapter.
(3) Certification of Taxes Paid.Prior to approving an application for a minor 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
minor project application relates.
11.5 Major Projects. '�'`
(1) Definition of Majar Project. �
(A) Any project not classified or qualifying as a minor project shall be classified as a major
proj ect.
(B) Any project resulting in the exterior alteration of a structure to which the Scandia
Architectural Design Guidelines (dated September, 2009 and as may be amended)are
applicable.
(2) Procedures for Review of Major Projects. Pursuant to Minnesota Statutes 15.99,an
application for site plan approval 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:
(A) Requests for site plan approval,as provided in 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 to be
applied in 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)
detailed written and graphic inaterials,the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change,project,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
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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 shall be mailed at least ten(10)
days prior to the meeting 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 of the proceedings as set forth in this Chapter.
(C) 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 the City Council.
(D) The Planning Commission and City staff shall have the authority to request additional
information from the applicant concerning operational factors or to obtain expert
testimony with the consent and at the expense of the applicant concerning operational
factors, if such additional information is necessary to evaluate the request and/or to
establish performance conditions in relation to all pertinent sections of this Chapter.
Failure on the part of the applicant to supply all necessary supportive information may be
grounds for denial of the request.
(E) The applicant or a representative thereof may appear before the Planning Commission in
order to present information and answer questions concerning the proposed request.
(F) The Planning Commission shall recommend such actions or conditions relating to the
request as it deems necessary to carry out the intent and purpose of this Chapter.
(G) The City Council shall not consider a site plan application until it has have received a
report and reco�nmendation from the Planning Commission. If,however,the Planning
Commission has not acted upon the request after sixty(60)days from the first regular
meeting at which the request was considered,the City Council may proceed with its
considerations and action on the request.
(H) Upon receiving the report and recommendation of the Planning Commission,the City
�' Council will consider 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.
(I) Approval of a site plan application shall require passage of a resolution by a majority vote
of a quorum of the City Council.
(J) 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.
(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.
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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 R9uirement. 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.
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(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. �+�::�'
(F) Scale of plan(engineering scale only,at one(1) inch equals fifty(50) feet or less).
(G) North point indication.
(H) Lot dimension and area.
(I) Required and proposed setbacks.
(J) Location, setback and dimension of all buildings on the lot including both existing and
proposed structures.
(K) Contours, streets,utilities,and structures located within one hundred(100) feet of the
exterior boundaries of the 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 project and must include:
1. 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.
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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.
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 proposed screening.
(T) Provisions for storage and disposal of waste, garbage,and recyclables.
(U) Location,sizing,and type of water service and sewage disposal facilities and proposed
service connections.
(2) Grading/Storm Water Drainage Plan.
(A) Name and address of developer/owner.
(B) Name and address of architect/designer.
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(C) Date of plan preparation.
(D) Dates and description of all revisions.
(E) Name of project or development.
(F) Scale of plan(engineering scale only, at one(1) inch equals fifty(50) feet or less).
(G) North point 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.
(K) Storm sewer,catch basins, invert elevations,type of castings, and type of materials.
(L) Spot elevations.
(M) Proposed driveway grades.
(N) Surface water ponding and treatment areas.
(0) Erosion control measures.
(3) Landscape Plan.
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(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.
(F) Scale of plan(engineering scale only, at one(1)inch equals fifty(50)feet or less).
(G) North point indication.
(H) Existing landscaping: location, size and common name of all existing significant trees for
all areas of a site that will be disturbed or graded. For changes to developed sites,the
location, size and common name of all existing trees and shrubs on the site all areas of the
site that will be disturbed or graded.
(I) Planting Schedule(table)containing: ,,�� ���`�
1. Symbols.
2. Quantities. �-�
3. Common names.
4. Botanical names.
5. Sizes of plant material.
6. Root specification(bare root,balled and burlapped,potted, etc.)
7. Special planting instructions.
(J) Tree preservation plan and reforestation plan, as may be applicable pursuant to Chapter 2
of this Development Code.
(K) Planting detail (show all species to scale at normal mature crown diameter or spread for
local hardiness zone).
(L) Typical sections in details of fences,tie walls,planter boxes,tot lots,picnic areas,berms
and the like.
(M) Typical sections of landscape islands and planter beds with identification of materials
used.
(N) Details of planting beds and foundation plantings.
(0) Note indicating how disturbed soil areas will be restored through the use of sodding,
seeding,or other techniques.
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(P) Delineation of both sodded and seeded areas with respective areas in square feet.
(Q) Coverage plan for underground irrigation system, if any.
(R) 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.
(S) Other existing or proposed conditions which could be expected to affect landscaping.
(4) Other Plans and Information. (May be submitted in combination pursuant to approval by the
Zoning Administratar)
(A) Legal description of property under consideration.
(B) Proof of ownership of the land for which a site plan approval has been requested.
(C) Architectural elevations of all principal and accessory buildings (type, color,and
materials used in all external surfaces).
(D) "Typical"floor plan and"typical"room plan.
(E) Extent of and any proposed modifications to land within any applicable Overlay Districts
as described and regulated by this Development Code.
(F) Type, location and size(area and height)of all signs to be erected upon the property in
question.
(G) Certification that all property taxes, special assessments, interest, or City utility fees due
upon the parcel of land to which the application relates have been paid.
11.8 Plan Modifications. All site and construction plans officially submitted to the City shall be treated as a
formal agreement between the 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 to the City for review and approval
(1) Qualifications. Proposed minar structural additions involving ten(10)percent or less of the
total existing floor area and proposed minor site modifications involving ten(10)percent or
less of the total 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 projects which have received City Council
plan approval,but for which building permits have yet to be taken. This Section shall
also apply to existing projects on file which have City Council approved site plans.
(B) Compliance with all Ordinance requirements shall be construed to include all adopted
policies and codes.
(C) Any variances from Ordinance and policy requirements shall be subject to the established
review and hearing procedures for site plan and variance approval.
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(D) Plans submitted for minar structural additions or minar 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 plan modification shall
be approved ar 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.
Requests for plan modification, as provided in 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 a fee,and an escrow deposit to be applied in
reimbursement of the City for all out-of-pocket costs that are incurred for processing,
reviewing and hearing the application,as provided by City Ordinance.
11.9 Lapse of A�proval.
(1) Unless otherwise specified by the Zoning Administrator or City Council as may be
applicable,the site plan approval shall become null and void one(1) year after the date of
approval,unless the property owner or applicant has substantially started the construction of
any building, structure, addition or alteration, or use requested as part of the approved plan.
The property owner or applicant shall have the right to submit an application for time
extension in accordance with this Section.
(2) An application to extend the approval of a site plan for up to an additional one(1)year shall
be submitted to the Zoning Administrator not less than thirty(30)days before the expiration
of said approval. Such an application shall state the facts of the request, showing a good faith
attempt to utilize the site plan approval, and it shall state the additional time being requested
to begin the proposed construction.The request shall be heard and decided by the Zoning
Administrator prior to the lapse of approval of the original request. A request pertaining to a
major project involving a longer period 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 Administrator, 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.
11.1 OSite Improvement Performance A�reement and Financial Guarantee. Following the approval of the site
plan required by this Chapter and before issuance of a building permit,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 site plan approval.This
guarantee shall be made by means of a site improvement performance agreement and a financial
guarantee as provided below:
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(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 related structures,
drainage systems,water quality ponds,wetland mitigation,wetland buffers, 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 performance agreement as
provided herein:
(A) Financial guarantees acceptable to the City include a cash escrow; or an Irrevocable
Letter of Credit.
(B) The term of the financial guarantee shall be for the life of the site improvement
performance agreement,and it shall be the responsibility of the applicant to ensure that a
submitted financial guarantee shall continue in full force and effect until the Zoning
Administrator shall have approved and accepted all of the work undertaken to be done
and shall thereby have released the guarantee or reduced the amount of the guarantee as
provided in this Section.
(C) 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
Irrevocable Letter of Credit shall be in the amount of one hundred twenty five percent
(125%)of the approved estimated cost.
(D) When any instrument submitted as a financial guarantee contains provision for an
automatic expiration date, after which the instrument may not be drawn upon,not
withstanding the status of the site performance agreement or of the required work,the
expiration date shall be October 31; further, it shall be the responsibility of the applicant
to notify the City in 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 instrument is to be renewed, a written notice of extension shall be provided thirty(30)
;; days prior to the 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. If the financial guarantee has not been released and has not been
renewed at least 30 days prior to its expiration date, the Zoning Administrator shall draw
on the financial guarantee an amount equal to one hundred twenty five percent (125%)
percent of the estimated cost to complete the improvements.
(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
City of Scandia Development Code,Chapter I Page 1-57
DRAFT July 22,2010 Chapter One 0 Administration
improvement performance agreement. The agreement and the financial guarantee shall
provide for farfeiture 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 release 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 defined for the purpose of this
Section as the 18-month period of 31 October through 30 April of the second year
thereafter.
(G) The applicant shall notify the City in writing when all or a portion of the required
improvements have been completed in accordance with the approved plan and may be
inspected. Upon receipt of such notice,the Zoning Administrator shall be responsible for
the inspection of the improvements to determine that the useful life of all work performed
meets the average standards for the particular industry,profession, or material used in the
performance of the work. Any required work failing to meet such standards shall not be
deemed to be complete and the applicant shall be notified in writing as to required
corrections. Upon determination that the work has been completed, including the winter
season survivability of all landscape improvements, a notice of the date of actual
completion shall be given to the applicant and appropriate action,to release or to reduce
the amount of the financial guarantee shall be taken by the Zoning Administrator.
11.11 Minnesota State Building Code. The review and approval of site improvements pursuant to the
requirements of building codes shall be in addition to the site plan review process established under this
section.The site plan approval process does not imply compliance with the requirements of these
building codes.
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City of Scandia Development Code,Chapter 1 Page I-58
DRAFT July 22,2010 Chapter One 0 Administration
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 proj ect shall be approved prior to review by the Zoning Administrator to
deternune 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.04 and 116D.045 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 norrnal permit process caused by the
filing and review of the EAW or EIS shall not be considered part of the permit approval time
requirements set forth within this Chapter. Such delays shall be considered as additional
required time for each required permit. The permit process for the proposed project may be
continued from the point it was interrupted by the EAW/EIS process.No decision on
granting a permit or other approval required to commence the project may be issued until the
EAW/EIS process is completed.
12.3 Environmental Assessment Worksheets(EAWs) ��� , �
(1) Purpose. The purpose of an EAW is to rapidly assess, in a worksheet format,whether or not
a proposed action has the potential for significant environmental effects.
(2) Mandatory EAWs.The preparation of an EAW shall be mandatory for those projects that
meet or exceed the thresholds contained in the State Environmental Review Program
regulations,Minnesota Rules 4410.4300,as may be amended.
(3) Discretionary EAWs. A discretionary EAW may be required when it is detertnined that,
because of the nature or location of a proposed project,the project may have the potential for
significant environmental effects.The Zoning Administrator may suggest and/or the City
Council may require the preparation of a discretionary EAW if it is determined that a
development project may have some significant environmental impact or when there is a
perception of such,provided that the project is not specifically exempted by Minnesota Rules
4410.4600,as may be amended.
(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
reasonable costs, including legal and consultants' fees, incurred in preparation and
review of the EAW.
City of Scandia Development Code,Chapter 1 Page I-59
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2. Pursuant to Minnesota Rules 4410.1400,the Zoning Administrator shall promptly
review the submittal for completeness and accuracy. If the Zoning Administrator
determines that the submittal is incomplete,the submittal shall be returned 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 far 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 by the EQB staf£ 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.
(B) Neighboring Property Owner Notification.
1. Upon completion of the EAW for distribution,the Zoning Administrator shall provide
mailed notice of the availability of the EAW and date of the meeting at which the
Planning Commission will consider the matter to all property owners within at least
seven hundred and fifty(750) feet of the boundaries of the property which is the
subj ect of the EAW. Said notice shall be mailed a minimum of ten(10)days before
the date of the Planning Comrnission meeting during which the EAW will be
considered.
2. Failure of a property owner to receive notice shall not invalidate any such proceedings
as set forth within this Chapter.
(C) Review by Planning Commission. During the thirty(30) day comment period that follows
publication o t e n`otice of availability of the EAW in the EQB Monitor,the Planning
Commission shall review the EAW. The Commission shall make recommendations to the
City Council regarding potential environmental impacts that may warrant further
investigation before the project is commenced and the need for an EIS on the proposed
project.
(D) Decision by City Council. The City Council shall make its decision on the need for an
EIS for the proposed project at its first meeting more than ten(10)days but not more than
thirty(30)days after the close of the comment period. The Council shall base its decision
on the need for an EIS and the proposed scope of an EIS on the information gathered
during the EAW 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
public regulatory authority.
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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.
(5) Mitigation Measures. Any mitigation measures that are considered by the City Council in
making its 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(EISsZ
(1) Purpose. The purpose of an EIS is to provide information for governmental 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 methods for reducing adverse environmental effects.
(2) Mandatory EISs. An EIS shall be prepared for any project that meets or exceeds the
thresholds of any of the EIS categories listed in Minnesota Rules 4410.4400,as may be
amended.
(3) Discretionary EISs. An EIS shall be prepared when the City Council determines that,based
on the EAW and any comments or additional information received during the EAW
comment period,the proposed project has the potential for significant environmental effects,
or when the City Council and the proposer of the project agree that an EIS should be
prepared.
(4) Procedures.
(A) All projects requiring an EIS must have an EAW on file with the City,which will be used
to determine the scope of the EIS. All EISs shall be prepared according to the procedures
and requirements of the State Environmental Review Program,Rules 4410.2100-
4410.3000,as may be amended. The costs of preparation of an EIS shall be assessed to
F the project proposer in accordance with Minnesota Rules Parts 4410.6000 to 4100.6500,
as may be amended.
(B) Any proposal,project or use on which an EIS is required shall be considered a conditional
use as defined in this Chapter and shall comply with the procedure for approval of a
conditional use permit. Mitigating measures identified in the EIS shall be incorporated as
conditions of issuance of the conditional use permit.
City of Scandia Development Code,Chapter 1 Page 1-61
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DRAFT July 22,2010 Chapter One 0 Administtation
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 perrnit may be continued in like fashion and activity and shall automatically
be considered as having received conditional use permit approval. Any change to such a use
or building shall however require that a new conditional use permit be processed according
to this Chapter.
(2) Interim Uses. Any established use,building or lot legally existing prior to the effective date
of this Chapter,and which is herein classified by this Chapter as requiring an interim use
permit may be continued in like fashion and activity and shall automatically be considered as
having received interim use pennit approval. Any change to such a use or building shall,
however,require that a new interim use permit be processed according to this Chapter.
(3) Threats to General Welfare.Nonconforming buildings, structures, and/or uses, which based
upon documented study and evidence,pose a danger and/or threat to the health, safety, and
general welfare of the community, shall:
(A) Be legally declared a nuisance by the City Council.
(B) Upon being identified by the City Council and upon the owner being notified in writing
by the Zoning Administrator,the owner shall provide to the City Council a documented
time schedule and program with rationale to support the proposed amortization of the
building, structure, or use which will result in the termination or correction of the
nonconformity.
• 1. The termination/correction time schedule shall be based upon,but not be limited to
factors such as the initial investment and the degree of threat or danger being posed.
2. The acceptability of the time schedule shall be determined by the City Council with
right of appeal.
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 the regulations of this Chapter. If a building permit has
been applied for within 180 days of when the property is damaged,the City may impose
reasonable conditions when issuing the permit in order to mitigate any newly created impact
City of Scandia Development Code,Chapter I Page 1-62
DRAFT July 22,2010 Chapter Onc 0 Administration
on adjacent property or water body.
(2) Alterations or Replacement. Alterations to(e.g.,repair,normal maintenance,remodeling)ar
replacement of 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.
(A) Agricultural or Single Family Residential Buildings and Structures. The expansion of
lawful nonconforming agricultural or single family residential buildings and structures
may be approved through the Administrative Permit process subject to the provisions of
Section 10 of this Chapter,provided that:
1. Expansion of principal or accessory buildings found to be nonconforming only by
reason of height,yard setback,or lot area may be permitted provided the structural
nonconformity is not increased and the expansion complies with all other performance
standards of this Chapter. An Administrative Permit shall not be issued under this
section for a deviation from other requirements of this Chapter unless variances are
also approved.
2. The Zoning Administrator finds that any such expansion will not have external
negative impacts upon adjacent properties or public rights-of-way.
3. Long term sewage disposal needs can be met.
(B) Commercial,Industrial,Public, Semi-Public,and Multiple Family Structures. Lawful
nonconforming commercial, industrial,public, semi-public,and multiple family
' structures may be expanded on the same lot upon approval of a conditional use permit,
�r provided that:
',,r�
1. Expansion of principal or accessory buildings found to be nonconfornung only by
reason of height,yard setback, or lot area may be pernutted provided the structural
nonconformity is not increased and the expansion complies with all other performance
standards of this Chapter. A Conditional Use Permit shall not be issued under this
section for a deviation from other requirements of this Chapter unless variances are
also approved.
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),
(2) and(3)above, any restoration,alteration,replacement,repair,or expansion of a building
City of Scandia Development Code,Chapter I Page I-63
DRAFT July 22,2010 Chapter One 0 Administration
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 the degree of obstruction to flood flows in
the floodway.
13.4 Nonconformin�
(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 nonconfornuty or occupancy is discontinued for a period of more than one(1)year.
(B) If a structure used for 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 applied 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
conditions when issuing the permit in order to mitigate any newly created impact on
adjacent property or water body.
(C) Notwithstanding item(B) above,any structure used for a nonconforming use located in
the floodplain overlay district that 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, 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 potential flood damage or obstructs flood flows in
the floodway.
(2) Continued Use. A lawful,nonconforming use may be continued, including through repair,
replacement,restoration,maintenance,or improvement; provided,however,that no such
nonconforming use of land shall be enlarged or increased, including volume,intensity or
frequency of use,nor shall any such nonconforming use be expanded to occupy a greater
area of land than that occupied by such use at the time of the adoption of this Chapter,nor
shall any such nonconforming use be moved to any other part of the parcel of land upon
�' which the use was conducted at the time of the adoption of this Chapter.
(3) Changes to Nonconforming Uses.
(A) When a lawful nonconforming use of any structure or land in any district has been
changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(B) A lawful nonconforming use of a structure or parcel of land may be changed to lessen the
nonconformity 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 Nonconfornung Lots.
(1) 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:
City of Scandia Development Code,Chapter 1 Page I-64
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(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.
(B) Development of the lot is consistent with the Comprehensive Plan and the lot is properly
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 Type 1 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-five percent(25 %).
(H) If in the case of two or more contiguous lots or parcels of land under a single ownership,
any individual lot or parcel does not �neet the minimum requirements of this
Development Code,each individual lot or parcel cannot be considered as a separate
parcel of land for purposes of sale or development. Such lots must be combined with
adjacent lots under the same ownership so that the combination of lots will equal one or
more conforming lots as much as possible,unless each individual lot is at least 66%of
the dimensional standards for lot size and lot width and meets the requirements of
paragraphs (D)through(G),above.
(2) An existing conforming use or building on a lot of substandard lot area or lot width may be
restored, altered, replaced,repaired,ar expanded provided such restoration, alteration,
replacement,repair, or expansion complies with all other provisions of this Chapter. A
nonconforming lot shall not be reduced in size.
(3) A conforming lot shall not be reduced in size so that it would become nonconforming in any
aspect of this Chapter or this Development Code.
13.6 Overlav Districts.Nonconforming buildings and uses as described in the Shoreland Management
Overlay District and the Floodplain Management Overlay District of this Chapter shall be subject to the
applicable regulations and standards relating to such buildings and uses in that section.
City oY Scandia Development Code,Chapter I Page I-65
DRAFT July 22,2010 Chapter One 0 Administration
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 difficult to accomplish. It is the
purpose of this Section to provide a uniform procedure for the proper use of official maps as authorized
by the Minnesota Municipal Planning Act,Minnesota Statutes, Section 462.351 to 462.36.
14.2 Official Map Defined. "Official map"as used in this Section means a map adopted in accordance with
this Section showing existing streets,proposed future streets,and the area needed for widening of
existing streets of the City. An official map may also show the location of existing and future land and
facilities within the City. An official map may cover the entire City or any portion of the City.
143 Initiation of Proceedin�s. Proceedings for adoption,amendment,or repeal of an official map or any
part thereof may be initiated by 1)a recommendation of the Planning Commission,or 2) action by the
City Council.
14.4 Referral to Plannin�Commission. Every proposed official map or change in a map shall be referred to
the Planning Commission for advice and recommendation thereon, and such recommendation shall be
submitted to the City Council within 45 days after reference to the Planning Commission along with
the report of the Commission on the effect of the proposal on the comprehensive plan of the City. If no
recommendation is received by the Council from the Planning Commission within 45 days after
reference of the proposal to the Commission by the Council,the Council may take such action as it
may deem proper upon the proposal without further action by the Planning Commission.
14.5 Notice and Hearin�.
(1) Upon receiving the recommendation of the Planning Commission or after 45 days from the
submission of the proposal to the Planning Commission without a recommendation from the
Commission,the Council may call a public hearing on the proposal. A notice of the time,
place,and purpose of the hearing and a description of property to be included in the mapped
streets and public grounds shall be published in the official newspaper at least 10 days prior
to the date of the hearing. At least 10 days 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 map. For purposes of this notice the owners shall be
determined by the records of the County Auditor and 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 Filin o�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,Chapter I Page I-66
DRAFT July 22,2010 Chapter One 0 Administration
centerline 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 Section. The City shall deny every application for a permit to
construct a new building or structure or expand an existing building or structure within any area
designated on the official map for street or other public purposes. Whenever any street or highway is
widened or improved or any new street is opened,or any interest in lands for other public purposes is
acquired by the City,the City is not required in such proceedings to pay for any building or structure
placed without a permit or in violation of conditions of a pennit within the limits of the mapped street
or outside of any building line that may have been established upon the existing street or within any
area thus identified for public purposes. The adoption of an official map does not give the City any
right,title, or interest in areas identified for public purposes thereon,but the adoption of 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 of the conditions of a permit.
14.8 Anneals. Whenever a building permit is denied pursuant to this Section,the Board of Adjustments and
Appeals 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 a street ar other public purpose in any case in which the Board finds,
upon the evidence and the arguments presented to it, (a)that the entire property of the appellant of
which the area designated for public purposes forms a part cannot yield a reasonable return to the
owner unless such a permit is granted, or(b)that balancing the interest of the City in preserving the
integrity of the official map and of the Comprehensive Plan and the interest of the property owner in
the use of his property and in the benefits of ownership,the grant of such permit is required by
considerations of justice and equity. The Board of Adjustments and Appeals shall hold a public
hearing upon the appeal after notice of the hearing has been published in the official newspaper once at
least 10 days before the hearing. If the Board authorizes the issuance of a permit,it shall specify the
exact location,ground area,height,and other details as to the extent and character of the building for
which the permit is granted. If the Board authorizes issuance of a pernut,the Council or other Board or
Commission having jurisdiction shall have six months from the date of the decision of the Board to
institute proceedings to acquire such land or interest therein,and if no such proceedings are started
within that time,the City shall issue the permit if the application otherwise conforms to this
Development Code.
City of Scandia Development Code,Chapter 1 Page 1-6'7
DRAFT July 22,2U 10 Chapter One 0 Administration
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City of Scandia Development Code,Chapter 1 Page I-68
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
CHAPTER TWO
ZONING REGULATIONS
Table of Contents
SECTION 1 TITLE, ZONING MAP,USES NOT PROVIDED FOR WITHIN DISTRICTS
1.1 Title................................................................................................................................2-1
1.2 Zoning Map....................................................................................................................2-1
1.3 Uses not Provided for within Zoning Districts...............................................................2-1
SECTION 2 DISTRICTS
2.1 Establishment of Districts..............................................................................................2-2
2.2 Establishment of Overlay Districts ................................................................................2-2
2.3 Lower St. Croix River Corridor Overlay District...........................................................2-2
2.4 Agriculture District-Core(AG C)................................................................................2-3
2.5 Agriculture Preserves District(AP) ...............................................................................2-6
2.6 General Rural District(GR)...........................................................................................2-9
2.7 Village Neighborhood District (VN)..............................................................................2-12
2.8 Village Mixed Use A District (VMU A)........................................................................2-15
2.9 Village Mixed Use B District(VMU B)........................................................................2-20
2.10 Industrial Park District(IP)............................................................................................2-22
2.11 Rural Commercial District(R COMM).........................................................................2-24
2.12 Aggregate Mining Overlay District................................................................................2-29
SECTION 3 DEVELOPMENT STANDARDS
3.1 General Standards..........................................................................................................2-30
3.2 Accessory Structures......................................................................................................2-32
3.3 Environmental Regulations............................................................................................2-34
3.4 Exterior Storage .............................................................................................................2-36
3.5 Fences.............................................................................................................................2-37
3.6 Land Alteration and Grading..........................................................................................2-38
3.7 Stormwater Management...............................................................................................2-42
3.8 Land Clearing.................................................................................................................2-44
3.9 Lighting..........................................................................................................................2-45
3.10 Parking...........................................................................................................................2-48
3.11 Woodland and Tree Preservation...................................................................................2-54
3.12 Screening and Landscaping............................................................................................2-59
3.13 Signs...............................................................................................................................2-63
3.14 Building Type and Materials..........................................................................................2-67
SECTION 4 STANDARDS FOR USES
4.1 Application.....................................................................................................................2-69
4.2 Accessory Apartments....................................................................................................2-69
4.3 Agricultural Business- Seasonal...................................................................................2-69
4.4 Bed and Breakfast..........................................................................................................2-69
Ciry ot'Scandia Development Code,Chapter 2 TOC 2-1
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
4.5 Cemeteries......................................................................................................................2-70
4.6 Essential Services-Utility Substation...........................................................................2-70
4.7 Golf Courses...................................................................................................................2-70
4.8 Golf Driving Range........................................................................................................2-71
4.9 Government Uses, Buildings and Storage......................................................................2-71
4.10 Home Occupations.........................................................................................................2-71
4.11 Horse Training Facilities................................................................................................2-72
4.12 Keeping of Animals.......................................................................................................2-73
4.13 Kennels-Commercial...................................................................................................2-73
4.14 Kennels-Private...........................................................................................................2-73
4.15 Light Manufacturing and Assembly...............................................................................2-73
4.16 Livestock and Livestock Operations..............................................................................2-74
4.17 Motor Vehicle,Recreational Vehicle or Boat Sales.......................................................2-75
4.18 Motor Vehicle Repair.....................................................................................................2-75
4.19 Motor Vehicle Service Station.......................................................................................2-76
4.20 Multifamily Residential Developments .........................................................................2-77
4.21 Residential Facilities, State Licensed.............................................................................2-77
4.22 Resorts/Conference Facilities........................................................................................2-78
4.23 Self Service Storage Facility(Mini-Storage).................................................................2-78
4.24 Shopping Centers...........................................................................................................2-79
4.25 Swimming Pools............................................................................................................2-79
4.26 Temporary Dwelling Unit-Care Facility.....................................................................2-80
427 Temporary Dwelling Unit during Construction.............................................................2-80
4.28 Temporary Farm Dwelling.............................................................................................2-81
4.29 Warehousing and Distribution .......................................................................................2-81
4.30 Wind Energy Conversion Systems.................................................................................2-82
4.31 Wireless Communication Antennas and Towers...........................................................2-83
4.32 Yard Waste Facilities.....................................................................................................2-90
SECTION 5 LAND DEVELOPMENT
5.1 Land Development Design.............................................................................................2-93
5.2 Determination of Density Units.....................................................................................2-94
5.3 Development Agreement................................................................................................2-95
5.4 Conveyance of Land ......................................................................................................2-95
SECTION 6 OPEN SPACE CONSERVATION SUBDIVISIONS
6.1 Purpose and Goals..........................................................................................................2-96
62 Applicability...................................................................................................................2-96
6.3 Application Procedure....................................................................................................2-96
6.4 Minimum Development Size .........................................................................................2-98
6.5 Land Uses.......................................................................................................................2-98
6.6 Minimum Open Space Requirements............................................................................2-98
6.7 Density Standards...........................................................................................................2-99
6.8 Residential Lot Requirements........................................................................................2-99
6.9 Ownership and Management of Open Space.................................................................2-100
6.10 Homeowners' Associations............................................................................................2-100
City of Scandia Development Code,Chapter 2 TOC 2-2
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
SECTION 7 PLANNED UNIT DEVELOPMENT
7.1 Purpose...........................................................................................................................2-102
7.2 Administration................................................................................................................2-102
7.3 Districts,Uses and Density............................................................................................2-103
7.4 Standards........................................................................................................................2-103
7.5 Required Findings for Approval ....................................................................................2-104
7.6 Changes to Approved Development Plans.....................................................................
7.7 Performance and Financial Guarantee...........................................................................
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City oF Scandia Development Code,Chapter 2 TOC 2-3
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
SECTION 1.0 TITLE,ZONING MAP,USES NOT PROVIDED FOR WITHIN DISTRICTS
1.1 Title. This Chapter shall be known, cited,and referred to as Chapter 2 of the Scandia Development
Code, 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 set forth
on the Scandia,Minnesota Zoning Map; and said Map is made a part of this Chapter. Said Map and
all notations,references and data shown thereon are 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 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.
1.3 Uses not Provided for within Zoning Districts.
Whenever in any zoning district a use is not specifically allowed as a permitted,accessory,
conditional,or interim use,nor is such use allowed by administrative permit,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 determine if the use is acceptable,and if so,which
zoning district would be most appropriate for the use,and the conditions and standards applicable to
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 far development within the City.
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City of Scandia Development Code,Chapter 2 Page 2-1
DRAFT luly 22,2010 Chapter Two 0 Zoning Regulations
2.4 Agriculture District—Core(AG C).
(1) Purpose• The AG C District is established to protect and preserve land for long-term
agricultural production and to preserve the rural character of the City. AG C District areas are
designated Agricultural Core in the Comprehensive Plan.
(2) Permitted Uses.The following are permitted uses in the AG C District.
(A) Agriculture
(B) Agricultural Business, Seasonal �
(C) Agricultural Direct-Market Business
(D) Agricultural Processing �
(E) Essential Services
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(F) Feedlots,Less than 10 Animal Units
(G) Livestock and Livestock Operations
(H) Public Parks and Recreation Facilities
(I) Residential Facility, State Licensed (Serving 1 to 6 Persons)
(J) Single Family Residence
(3) Accessorv Uses. The following uses are permitted accessory uses in the AG C District, subject
to the applicable provisions of this Chapter.
(A) Accessory Structures
(B) Columbaria -Accessory to a Place of Worship
(C) Daycare Facility(Nursery,Day), State Licensed, located within a residential setting
(Serving 14 or Fewer Persons)
(D) Exterior Storage of Personal Property
(E) Feed and Seed Sales—Accessory to an Agricultural Business
(F) Fences
(G) Home Occupations
(H) Horse Training Facility,Private—Accessory to a Residential Use
(I) Keeping of Animals
(J) Off-Street Parking and Loading
City of Scandia Development Code,Chapter 2 Page 2-3
DRAFT July 22,2010 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—Core(AG C)
(2) Agriculture Preserves District(AP)
(3) General Rural District(GR)
(4) Village Neighborhood District(VN)
(5) Village Mixed Use A District(VMU A) � ����
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(6) Village Mixed Use B District(VMU B) �_ � ����;�,,
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(7) Industrial Park District (IP)
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(8) Rural Commercial District(R COMM) �
2.2 Establishment of Overlay Districts.The following Overlay Districts are applied in the City:
(1) A��re�ate Minin�Overlav District. Properties within the A egate Mining Overlay District
are regulated according to Section 2.12 of this Chapter,and,�ccording to Chapter 4 of the
Scandia Development Code.
(2) Shoreland Mana�ement Overlav District. Properties within the Shoreland Management
Overlay District are regulated according to Chapter 5 of the Scandia Development Code.
(3) Flood�lain Overlav District. Properties within the Floodplain Overlay District are 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 Bluffland and Shoreland
Management Ordinance with the exception that lots shall meet the density and lot requirements of
the Agriculture District-Core(AG C).
City of Scandia Development Code,Chapter 2 Page 2-2
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(K) Recreation Facilities and Equipment
(L) Recreation, Outdoor Private
(M) Signs
(N) Temporary Produce Stands
(4) Uses with a Conditional Use Permit. The following uses are permitted in the AG C District
after the issuance of a Conditional Use Permit:
(A) Agritourism Enterprise
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(B) Bed and Breakfast Inns
(C) Campgrounds,Accessory to a Public Recreation Facility "�
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� (D) Cemeteries
(E) Conference Facility �`
(F) Essential Services -Transmission Facilities
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(G) Essential Services -Utility Substation
(H) Feedlots, 10 or more Animal Units
(I) Golf Courses
(J) Golf Driving Range
(K) Government Uses,Buildings and Storage
(L) Horse Training Facility,Commercial—Accessory to a Residential Use(over 10
�: horses)
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(M) Museums
(N) Open Space Conservation Subdivision
(0) Place of Worship
(P) Plant Nursery
(Q) Resorts
(R) Schools
(S) Wind Energy Conversion System(WECS)
(T) Wireless Communication Antennas and Towers
City of Scandia Development Code,Chapter 2 Page 2-4
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(U) Yard Waste Facilities
(5) Uses with an Interim Use Permit. The following uses are permitted in the AG C District after
the issuance of an Interim Use Permit.
(A) Commercial Kennel
(B) Kennel,Private—Accessory to a Residential Use
(C) Temporary Farm Dwelling—Accessory to a Residential Use
(D) Temporary Dwelling Unit, Care Facility—Accessory to a Residential Use
(E) Temporary Dwelling Unit, Construction
(6) Uses with an Administrative permit.The following uses are permitted in the AG C District
after the issuance of an Administrative permit:
(A) Accessory Apartment—Accessory to a Residential Use
(B) Agricultural Buildings
(C) Horse Training Facility,Commercial—Accessory to a Residential Use(10 or fewer
horses)
(7) Lot Area and Setback Requirements in the Agriculture District—Core(AG C).
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 shall be 2.0 to 5.0 acres, or 20 acres or eater.
Minimum buildable area 1.0 acres
Minimum frontage on all Lot size of 2.0 to 3.0 acres: 160 feet
public 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 ht 35 feet
City of Scandia Development Code,Chapter 2 Page 2-5
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.5 A�riculture Preserves District(AP).
(1) Purpose. 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.
(2) Pernutted Uses. The following are permitted uses in the AP District.
(A) Agriculture �:�
(B) Agricultural Business, Seasonal
(C) Agricultural Direct-Market Business
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(D) Agricultural Processing
(E) Essential Services �
(F) Feedlots,Less than 10 Animal Units '
(G) Livestock and Livestock Operations
(H) Residential Facility, State Licensed(Serving 1 to 6 Persons)
(I) Single Family Residence
(3) Accessory Uses.The following uses are permitted accessory uses in the AP District, subject to
the applicable provisions of this Chapter.
(A) Accessory Structures
(B) Daycare Facility(Nursery, Day), State Licensed, located within a residential setting
(Serving 14 or Fewer Persons)
(C) Exterior Storage of Personal Property
(D) Feed and Seed Sales—Accessory to Agricultural Business
(E) Fences
(F) Home Occupations
(G) Horse Training Facility,Private
(H) Keeping of Animals
(I) Off-Street Parking and Loading
(J) Recreation Facilities and Equipment
City of Scandia Development Code,Chapter 2 Page 2-6
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(K) Recreation, Outdoor Private
(L) Signs
(M) Temporary Produce Stands
(4) Uses with a Conditional Use Permit. The following uses are permitted in the AP District after
the issuance of a Conditional Use Permit.
(A) Essential Services-Transmission,as limited by Minnesota Statute 473H
(B) Essential Services-Utility Substation,as limited by Minnesota Statute 473H
(C) Feedlots, 10 or more Animal Units
(D) Wind Energy Conversion System(WECS) �
E Wireless Communication Antennas and Towers .- �
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(5) Uses with an Interim Use Pernut. The following uses are permitted in the AG C District after
the issuance of an Interim Use Permit.
(A) Kennel,Private—Accessory to a Residential Use
(B) Temporary Farm Dwelling—Accessory to a Residential Use
(C) Temporary Dwelling Unit,Care Facility—Accessory to a Residential Use
(6) Uses with an Administrative permit.The following uses are permitted in the AP District after
the issuance of an Administrative permit.
(A) Accessory Apartments,Accessory to a Residential Use
(B) Agricultural Buildings
�� (C) Horse Training Facility,Commercial (10 or fewer horses)
City of Scandia Development Code,Chapter 2 Page 2-7
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(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 ft from centerline, or 75 ft from the right-of-way,
whichever is eater
Major or Minor Collectors 100 ft from centerline,or 50 ft from the right-of-way,
whichever is reater
Maximum Buildin Hei ht 35 feet
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City of Scandia Development Code,Chapter 2 Page 2-8
-
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.6 General Rural District(GR)
(1) Purpose. 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) Agricultural Business, Seasonal
(C) Agricultural Direct-Market Business
(D) Agricultural Processing
(E) Essential Services
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(F) Feedlots, Less than 10 Animal Units
(G) Livestock and Livestock Operations °
(H) Public Parks and Recreation Facilities
(I) Residential Facility, State Licensed(serving 1 to 6 persons)
(J) Single Family Residence
(3) Accessorv Uses.The following uses are permitted accessory uses in the GR District, subject to
the applicable provisions of this Chapter.
(A) Accessory Structures
(B) Columbaria—Accessory to a Place of Worship
(C) Daycare Facility(Nursery,Day), State Licensed, located within a residential setting
(Serving 14 or Fewer Persons)
(D) Exterior Storage of Personal Property
(E) Home Occupations
(F) Horse Training Facility,Private
(G) Feed and Seed Sales,Accessory to Agricultural Business
(H) Fences
(I) Keeping of Animals
(J) Off-Street Parking and Loading
City of Scandia Development Code,Chapter 2 Page 2-9
DRAfT July 22,2010 Chapter Two 0 Zoning Regulations
(K) Recreation Facilities and Equipment
(L) Recreation, Outdoor Private
(M) Signs
(N) Temporary Produce Stands
(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) Agritourism Enterprise
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(B) Bed and Breakfast Inns
(C) Campgrounds—Accessory to a Public Recreation Facility
(D) Cemeteries
(E) Conference Facility �
(F) Essential Services -Transmission Facilities
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(G) Essential Services -Utility Substation
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(H) Feedlots, 10 or more Animal Units '�
(I) Golf Courses
(J) Golf Driving Range
(K) Government Uses,Buildings and Storage
(L) Horse Training Facility,Commercial—Accessory to a Residential Use(over 10
,+�� harses)
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(M) Museums �
(N) Open Space Conservation Subdivision
(0) Place of Worship
(P) Plant Nursery
(Q) Recreation, Outdoor Commercial
(R) Resorts
(S) Schools
(T) Wind Energy Conversion System(WECS)
Ciry of Scandia Development Code,Chapter 2 Page 2-10
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(U) Wireless Communication Antennas and Towers
(V) Yard Waste Facilities
(5) Uses with an Interim Use Permit. The following uses are pernutted in the GR District after the
issuance of an Interim Use Permit.
(A) Commercial Kennel
(B) Kennel,Private—Accessory to a Residential Use
(C) Temporary Farm Dwelling, Accessory to a Residential Use
(D) Temporary Dwelling Unit,Care Facility—Accessory to a Residential Use
(E) Temporary Dwelling Unit,Construction
(6) Uses with an Administrative permit. The following uses are permitted in the GR District after
the issuance of an Administrative permit.
(A) Accessory Apartment—Accessory to a Residential Use
(B) Agricultural Buildings
(C) Horse Training Facility, Commercial—Accessory to a Residential Use(10 or fewer
horses)
(7) Lot Area and Setback Requirements in the General Rural District(GR).
Densit 4 dwellin units er 40 acres
Minimum lot size 2.0 acres
Minimum buildable area 1.0 acres
Minimum frontage on all Lot size of 2.0 to 3.0 acres: 160 feet
public roads Lot size greater than 3.0 acres and less than 4.0 acres: 240
feet
Lot size of 4.0 acres or reater: 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 reater
Major or Minor Collectors 100 feet from centerline,or 50 feet from the right-of-way,
whichever is reater
Maximum Buildin Hei ht 35 feet
City of Scandia Development Code,Chapter 2 Page 2-11
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.7 Villa��hborhood District (VN�
(1) Purpose.The VN District is established to designate growth areas surrounding the village
center,to support primarily single family residential uses on lot sizes reflective of the existing
village lot sizes. VN District areas are designated Village Neighborhood in the Comprehensive
Plan.
(2) Pernutted Uses.The following are permitted uses in the VN District.
(A) Agriculture
(B) Essential Services
(C) Livestock and Livestock Operations
�
(D) Public Parks and Recreation Facilities �
(E) Residential Facility, State Licensed(Serving 1 to 6 persons) ��
(F) Single Family Residence
(3) Accessorv Uses. The following uses are permitted accessory uses in the VN District, subject
to the applicable provisions of this Chapter.
(A) Accessory Structures
(B) Columbaria—Accessory to a Place of Worship
(C) Daycare Facility(Nursery, Day), State Licensed, located within a residential setting
(Serving 14 or Fewer Persons)
(D) Exterior Storage of Personal Property
(E) Fences
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(F) Home Occupations
(G) Horse Training Facility,Private
(H) Keeping of Animals
(I) Off-Street Parking and Loading
(J) Recreation Facilities and Equipment
(K) Recreation,Outdoor Private
(L) Signs
(M) Temporary Produce Stands
City of Scandia Development Code,Chapter 2 Page 2-12
-
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(4) Uses with a Conditional Use Permit. The following uses are permitted in the VN District after
the issuance of a Conditional Use Permit.
(A) Agritourism Enterprise
(B) Bed and Breakfast Inns
(C) Cemeteries
(D) Essential Services -Transmission Facilities
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(E) Essential Services -Utility Substation
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(F) Government Uses,Buildings and Storage
(G) Horse Training Facility,Commercial—Accessory to a Residential Use(over 10
horses)
(H) Multi-Family Residence
1. The City may grant a density bonus up to a density of one dwelling unit per 1.0
acre for the development of life-cycle housing.
2. Life-cycle housing is housing designated for residents age 55 and above,or
housing that is affardable,as defined by U. S. Department of Housing and Urban
Development (HUD),to households earning 120%of Area Median Income or less.
(I) Plant Nursery
(J) Place of Worship
(K) Planned Unit Development(PUD)
(L) Residence, Assisted Living
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� (M) Residential Facility, State Licensed(serving 7 to 16 persons)
(N) Schools
(0) Wind Energy Conversion System(WECS)
(P) Wireless Communication Antennas and Towers
(5) Uses with an Interim Use Permit.The following uses are permitted in the VN District after the
issuance of an Interim Use Permit.
(A) Kennel,Private—Accessory to a Residential Use
(B) Temporary Farm Dwelling—Accessory to a Residential Use
(C) Temporary Dwelling Unit,Care Facility—Accessory to a Residential Use
City of Scandia Development Code,Chapter 2 Page 2-13
DRAF"T July 22,2010 Chapter Two 0 Zoning Regulations
(D) Temporary Dwelling Unit,Construction
(6) Uses with an Administrative permit. The following uses are permitted in the VN District after
the issuance of an Administrative pernut.
(A) Accessory Apartments—Accessory to a Residential Use
(B) Agricultural Buildings
(C) Agricultural Direct-Market Business
(D) Horse Training Facility, Commercial—Accessory to a Residential Use(10 or fewer
horses)
(7) Lot Area and Setback Requirements in the Village Neighborhood District (VN).
Minimum lot size, Single 2.5 acres
Family Residential
Minimum lot area per
dwelling,Multi-Family 1.0 acres, with Conditional Use Permit
Residential
Minimum buildable area 1.0 acres
Minimum frontage on all 160 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 reater
Major or Minor Collectors 100 feet from centerline, or 50 feet from the right-of-way,
whichever is reater
Maximum Buildin Hei ht 35 feet
City of Scandia Development Code,Chapter 2 Page 2-14
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.8 Village Mixed Use A District (VMU A)
(1) Purpose. The VMU A District is established to sustain the historic village center by preserving
and protecting the long-term viability of historic properties and structures, and by allowing a
mixture of mutually supportive land uses. VMU A District areas are designated Village Mixed
Use in the Comprehensive Plan. The mixture of commercial, office, institutional,recreational,
and residential land uses are made compatible through the enforcement of design guidelines.
(2) Permitted Uses.The following are permitted uses in the VMU A District.
(A) Antique shops �� -
(B) Appliance sales and repair ��
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(C) Art gallery and sales
,F.
(D) Bicycle sales and repair
(E) Book, school supply,art supply, or stationary stores
(F) Boutique shops
(G) Candy, ice cream,popcorn,nuts, frozen desserts,and non-alcoholic beverage sales
(H) Clothing sales
(I) Delicatessens/coffee houses without drive-through service
(J) Dry cleaning pick up and laundry pick up stations including incidental repair but not
including processing
(K) Essential Services
(L) Flower shops,retail
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� � (M) Furniture stores
(N) Gift or novelty stores
(0) Hardware stores
(P) Hobby and craft stores
(Q) Jewelry stores
' (R) Leather goods and luggage stores
(S) Locksmiths
(T) Music stores
City of Scandia Development Code,Chapter 2 Page 2-15
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(U) Offices
(V) Pharmacies or drug stores
(W) Plumbing,television,radio, electrical and related sales and repair
(X) Public Parks and Recreation Facilities
(Y) Residential Facility, State Licensed(serving 1 to 6 persons)
(Z) Seasonal Plant and Plant Materials retail sales ���
(AA)Shoe sales and repair ''�
(BB) Single family residence
(CC) Studios -artist,dance, health and fitness,decorating,music,portrait photography,and
similar uses
(DD)Tailoring services `
(EE) Toy stores �
(3) Accessorv Uses.The following uses are permitted accessory uses in the VMU A District,
subject to the applicable provisions of this Chapter.
(A) Accessory Structures �
(B) Columbaria—Accessory to a Place of Worship
(C) Daycare Facility(Nursery,Day), State Licensed, located within a residential setting
(Serving 14 or Fewer Persons)
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(D) Exterior Storage of Personal Property
(E) Home Occupations
(F) Fences
(G) Keeping of Animals
(H) Off-Street Parking and Loading
(I) Recreation Facilities and Equipment
(J) Recreation, Outdoor Private
(K) Signs
(L) Temporary Produce Stands
City of Scandia Development Code,Chapter 2 Page 2-16
DRAFT luly 22,2010 Chapter Two 0 Zoning Regulations
(4) Uses with a Conditional Use Permit. The following uses are permitted in the VMU A District
after the issuance of a Conditional Use Permit.
(A) Accessory Apartment—Accessory to a Commercial Use
(B) Accessory Apartment—Accessory to a Residential Use
(C) Bakery goods and baking of goods for retail sales on the premises
(D) Banks,credit unions,and other financial institutions without drive up tellers
(E) Bars and Taverns
(F) Beauty Salons,barbers,day spas, massage therapy,and similar personal services
(G) Bed and Breakfast Inns
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(H) Catering services, without on-site food service
(I) Catering services,including banquet halls
(� Cemeteries
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(K) Clubs/Lodges
(L) Commercial Daycare Facilities, State Licensed
(M) Community Residence(serving 7 to 16 persons)
(N) Conference Facility
(0) Copy/printing services, excludes printing presses and publishing facilities
(P) Essential Services -Transmission Facilities
(Q) Essential Services -Utility Substation
(R) Exterior Storage—Accessory to a Commercial Use
(S) Feed and Seed Sales, Retail
(T) General Store
(U) Government Buildings, Storage and Uses
(V) Grocery Store
(W) Liquor, off sale,pursuant to the required liquor license
(X) Meat processing,accessory to a Grocery Store
City of Scandia Development Code,Chapter 2 Page 2-17
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(Y) Medical or Dental Offices/Clinics
(Z) Motor Vehicle Repair
(AA)Multi-Family Residence
(BB) Museums
(CC) Pet Grooming
(DD)Place of Worship �
(EE) Planned Unit Development(PUD)
(FF) Plant Nursery `'�
(GG)Recreation, Indoor Commercial
�
(HH)Residential Facility, State Licensed(serving 7 to 16 persons)
(II) Restaurants
(JJ) Schools �
(KK)Shopping Center
(LL) Sporting Goods and Recreational Equipment Sales,not including motorized vehicles
or boats
(MM) Theatres, indoor only ,�
(NN)Veterinary Clinic, small animal
(00)Wireless Communication Antennas and Towers
(5) Uses with an Interim Use Permit. The following uses are permitted in the VMU A District
after the issuance of an Interim Use Permit.
(A) Commercial Kennel—Accessory to a Veterinary Clinic
(B) Kennel,Private—Accessory to a Residential Use
(6) Uses with an Administrative permit. The following uses are permitted in the VMU A District
after the issuance of an Administrative permit.
(A) Farmers Market
(B) Temporary outdoor retail sales
City of Scandia Development Code,Chapter 2 Page 2-18
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(7) Lot Area and Setback Requirements in the VMU A District.
Minimum lot size 2,500 square feet.No new subdivisions of
land ermitted.
Maximum lot covera e 80%
Minimum Building Setbacks: None. Shall conform to Scandia Design
Guidelines.
Maximum Buildin Hei ht 45 feet
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City of Scandia Development Code,Chapter 2 Page 2-19
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
29 Village Mixed Use B District(VMU B)
(1) Purpose. The VMU B District is established to provide a growth area far the village center.
VMU B District areas are designated Village Mixed Use in the Comprehensive Plan. The
District provides for a mixture of commercial, office, institutional,recreational,and residential
land uses.The District provides an area for larger scale businesses, for businesses that benefit
from visibility from State Highway 97, and business and mixed use development that utilize
on-site wastewater treatment systems.
(2) Permitted Uses.The permitted uses in the VMU B District are the same as those of the VMU
A District.
(3) Accessory Uses.The accessory uses in the VMU B District are the same as those of the VMU
A District.
(4) Uses with a Conditional Use Permit. The uses permitted after the issuance of a Conditional
Use Permit in the VMU B District are the same as those of the VMU A District. In addition,
the following uses are also permitted in the VMU B District after the issuance of a Conditional
Use Permit.
(A) Building supply stores
(B) Crematoriums ����'"���
�
(C) Department, discount,and warehouse stores
(D) Drive-Through Services
�.
(E) Food and Beverage Processing
�>
(F) Funeral Homes ,
(G) Garden supply stores
(H) Hotel
(I) Laundromats
(J) Motel
(K) Motor Vehicle,Recreational Vehicle,or Boat sales
(L) Motor Vehicle Service Stations
(M) Nursing Homes
(N) Radio and television stations
(0) Residence, Assisted Living
(P) Restaurants,Drive-In
City of Scandia Development Code,Chapter 2 Page 2-20
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(Q) Sports and fitness clubs
(R) Veterinary Clinics,large animal
(S) Wind Energy Conversion System(WECS)
(5) Uses with an Interim Use Permit. The uses permitted after the issuance of an Interim Use
Permit in the VMU B District are the same as those of the VMU A District.
(6) Uses with an Administrative permit.The uses permitted after the issuance of an
Administrative permit in the VMU B District are the same as those of the VMU A District.
(7) Lot Area and Setback Requirements in the VMU B District.
Minimum lot size 2.5 acres
Minimum buildable area 1.0 acres
Minimum frontage on all 160
ublic roads
Maximum lot covera e 65%
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 reater
Major or Minor Collectors 100 feet from centerline,or 50 feet from the right-of-way,
whichever is reater
Maximum Buildin Hei ht 45 feet
City of Scandia Development Code,Chapter 2 Page 2-21
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.10 Industrial Park District(IP)
(1) Purpose. The IP District is established to allow for light industrial businesses. IP District areas
are designated Village Mixed Use in the Comprehensive Plan. Industrial park uses include
light manufacturing, fabrication,assembly,or storage businesses that are non-threatening to
the environment.The IP District does not abut major roadways, and property access is via a
local street which does not also serve residential districts.
(2) Permitted Uses.The following are permitted uses in the IP District.
(A) Essential Services �
(B) Essential Services—Transmission Facilities +
(C) Essential Services—Utility Substation '�,
,;;
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(D) Printing �
(3) Accessorv Uses. The following uses are permitted accessory uses in the IP District, subject to
the applicable provisions of this Chapter.
(A) Accessory Structures
(B) Fences
(C) Keeping of Animals
(D) Off-Street Parking and Loading
(E) Signs �
(F) Temporary Produce Stands
(4) Uses with a Conditional Use Permit. The following uses are permitted in the IP District after
the issuance of a Conditional Use Permit.
(A) Accessory Apartment—Accessory to a Commercial Use
(B) Building Supply Stores
(C) Contractor shops and storage yards
(D) Exterior Storage—Accessory to a Commercial Use
(E) Government Buildings, Storage and Uses
(F) Laboratories
(G) Light Manufacturing and Assembly
(H) Motor Vehicle Repair, including body work and painting
City of Scandia Development Code,Chapter 2 Page 2-22
-
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(I) Planned Unit Development(PUD)
(J) Processing of food and beverages, excluding animal slaughtering or rendering plants
(K) Radio and television stations
(L) Research Facilities
(M) Self-Storage Faculties, Enclosed
(N) Sports and Fitness Clubs
(0) Warehousing and Distribution Businesses ����.
(P) Wholesale Businesses
(Q) Wind Energy Conversion System(WECS)
"��: .�
(R) Wireless Communication Antennas and Towers
(5) Uses with an Interim Use Permit. There are no uses permitted by Interim Use Permit in the IP
District.
(6) Uses with an Administrative perrnit. There are no uses permitted by Administrative permit in
the IP District.
(7) Lot Area and Setback Requirements in the IP District.
Minimum lot size 2.5 acres
Minimum buildable area 1.0 acres
Minimum fronta�e on all ublic roads 160
Maximum lot covera e 65%
Minimum Buildin Setbacks:
Front 40 feet
Side 20 feet
Rear 50 feet
Minor Arterials 150 feet from centerline, or 75 feet from the
ri ht-of-wa ,whichever is eater
Major or Minor Collectors 100 feet from centerline, or 50 feet from the
ri ht-of-wa ,whichever is eater
Maximum Buildin Hei ht 45 feet
City of Scandia Development Code,Chapter 2 Page 2-23
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.11 Rural Commercial District (R COMM)
(1) Purpose. The R COMM District is established to support commercial development in places
of historic commercial activity. R COMM District areas are designated Rural Commercial
Nodes in the Comprehensive Plan.
(2) Permitted Uses.The following are permitted uses in the R COMM District.
(A) Agricultural Business, Seasonal
(B) Agriculture
(C) Antique Shops
(D) Appliance Sales and Repair r
� V
(E) Art gallery and sales
(F) Bicycle sales and repair �, -,
(G) Book, school supply, art supply, ar stationary stores
(H) Boutique Shops
(I) Candy, ice cream,popcorn, nuts, frozen desserts,and non-alcoholic beverage sales
(J) Clothing sales
(K) Delicatessens/coffee houses without drive-through service
(L) Dry cleaning pick up and laundry pick up stations including incidental repair but not
including processing
(M) Essential Services
�
� (N) Flower shops, retail
(0) Furniture stores
(P) Gift or novelty stores
(Q) Hardware stores
(R) Hobby and craft stores
(S) Hotel
(T) Jewelry stores
(U) Leather goods and luggage stores
City of Scandia Development Code,Chapter 2 Page 2-24
DRAF"I'July 22,2010 Chapter Two 0 Zoning Regulations
(V) Locksmiths
(W) Motel
(X) Music stores
(Y) Offices
(Z) Pharmacies or drug stores
(AA)Planned Unit Development
(BB) Plumbing,Television, Radio,Electrical and Related Sales and Repair
(CC) Public Parks and Recreation Facilities
(DD)Seasonal Plant and Plant Materials Retail Sales
(EE) Shoe Sales and repair
(FF) Studios—artist,health and fitness, decorating, music,portrait photography, and
similar uses
(GG)Tailoring services �'$
(HH)Toy stores
(3) Accessorv Uses. The following uses are permitted accessory uses in the R COMM District,
subject to the applicable provisions of this Chapter.
(A) Accessory Structures
(B) Daycare Facility located within a residential setting, serving 14 or fewer persons, State
Licensed
� (C) Exterior Storage of Personal Property
(D) Fences
(E) Home Occupations
(F) Keeping of Animals
(G) Off-Street Parking and Loading
(H) Recreation Facilities and Equipment
(I) Recreation, Outdoor Private
(J) Signs
City of Scandia Development Code,Chapter 2 Page 2-25
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(K) Temporary Produce Stands
(4) Uses with a Conditional Use Permit. The following uses are permitted in the R COMM
District after the issuance of a Conditional Use Permit.
(A) Accessory Apartments—Accessory to a Commercial Use
(B) Accessory Apartments—Accessory to a Residential Use
(C) Agritourism Enterprise
(D) Bakery goods and baking of goods for retail sales on the premises
(E) Banks, credit unions,and other financial institutions without drive up tellers
(F) Bars and Taverns
(G) Beauty salons,barbers,day spas,massage therapy,and similar personal services
(H) Bed and Breakfast Inns
,<t�,.
(I) Clubs/Lodges
(J) Commercial Daycare Facilities, State Licensed
(K) Copy/printing services, excluding printing presses and publishing facilities
(L) Drive-Through Services
(M) Essential Services-Transmission Facilities
(N) Essential Services -Utility Substation
(0) Exterior Storage—Accessory to a Commercial Use
(P) Feed and Seed Sales,Retail
(Q) Food and Beverage Processing
(R) Garden Supply Stores
(S) General Store
(T) Government Uses, Buildings,and Storage
(U) Grocery Store
(V) Liquor,off sale,pursuant to the required liquor license
(W) Meat processing, accessory to a Grocery Store
City of Scandia Development Code,Chapter 2 Page 2-26
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(X) Medical or Dental Offices/Clinics
(Y) Motor Vehicle Repair
(Z) Motor Vehicle Service Stations
(AA)Pet Grooming
(BB) Place of Warship
(CC) Planned Unit Development(PUD) �
(DD)Plant Nursery
(EE) Recreation, Indoor Commercial
(FF) Residence, Single Family or Multi-Family,as part of a PUD, not to exceed a density
of 4 dwelling units per 40 acres
(GG)Restaurants . � �
(HH)Restaurants,Drive-In
(II) Schools
:, .„�
(JJ) Shopping Center
(KK)Sporting Goods and Recreational Equipment Sales,not including Motorized Vehicles
or Boats
(LL) Veterinary Clinic, small animal
(MM) Wind Energy Conversion System(WECS)
(NN)Wireless Communication Antennas and Towers
(5) Uses with an Interim Use Permit. The following uses are permitted in the R COMM District
after the issuance of an Interim Use Pernut.
(A) Kennel,Private—Accessory to a Residential Use
(B) Commercial Kennel—Accessory to a Veterinary Clinic
(C) Temporary Farm Dwelling—Accessory to a Residential Use
(6) Uses with an Administrative permit. The following uses are permitted in the R COMM
District after the issuance of an Administrative permit:
(A) Farmers Market
(B) Temporary outdoor retail sales
City of Scandia Development Code,Chapter 2 Page 2-27
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(7) Lot Area and Setback Requirements in the R COMM District.
Minimum lot size 2.0 acres
Minimum buildable area 1.0 acres
Minimum fronta e on all ublic roads 160
Maximum lot coverage 65%
Minimum Buildin Setbacks:
Front 40 feet
Side 20 feet
Rear 50 feet
Minor Arterials 150 feet from centerline,or 75 feet from the
ri ht-of-wa ,whichever is eater
Major or Minor Collectors 100 feet from centerline,or 50 feet from the
ri>ht-of-wa ,whichever is reater
Maximum Buildin Hei ht 45 feet
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City of Scandia Development Code,Chapter 2 Page 2-28
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2.12 A��re�ate Minin�yOverlav District.
(1) Purpose• The Aggregate Mining Overlay District provides areas where mineral deposits,
primarily gravel,may be made available for general use under the conditions and regulations
of Chapter 4 of the Scandia Development Code, Mining and Related Activities Regulations.
The Aggregate Mining Overlay District areas are designated Mining Area in the
(2) Comprehensive Plan.
(3) Permitted Uses.The following are permitted uses in the Aggregate Mining Overlay District.
(A) Agriculture
;���..
(B) Essential Services
(4) Accessorv Uses.The following uses are permitted accessory uses in the Aggregate Mining
Overlay District, subject to the applicable provisions of this Chapter and Chapter 4.
(A) Accessory Structures
(B) Fences
,��
(C) Signs ��
(5) Uses with a Conditional Use Permit. The following uses are permitted in the Mining Overlay
District after the issuance of a Conditional Use Permit:
(A) Aggregate Mining and Related Activities, subject to the provisions of Chapter 4.
(6) Lot area,setback,and other dimensional requirements are contained in Chapter 4.
f
City of Scandia Development Code,Chapter 2 Page 2-29
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
SECTION 3.0 DEVELOPMENT STANDARDS
3.1 General Standards. All lots or uses will be subject to these general standards as well as other
specific regulations that apply to the lot or the proposed use.
(1) Code Compliance.
All principal buildings shall meet or exceed the minimum standards of the Minnesota Building
Code,the Minnesota State Uniform Fire Code,the Minnesota Department of Health,the
Minnesota Pollution Control Agency, and the Washington County Individual Sewage
Treatment System Regulations, except that manufactured homes shall meet or exceed the
requirements of the State of Minnesota Manufactured Home Building Code in lieu of the
Minnesota State Building Code.
(2) Sewage Treatment. `"•- �
All applicants for a pernut required by this Development Code shall demonstrate that a
sewage treatment system can be installed in accordance with the Individual Sewage Treatment
System Regulations of the Washington County Development Code. Water usage of any
proposed use shall conform with the long-term sewage treatment capacities of each individual
lot. The system, or systems, shall be designed to receive all sewage from the dwelling,
building or other establishment served. Footing or roof drainage shall not enter any part of the
system. Products containing hazardous materials shall not be discharged to the system other
than a normal amount of household products and cleaners designed for household use.
Substances not used for household cleaning, including but not limited to, solvents,pesticides,
flammables,photo finishing chemicals, or dry cleaning chemicals, shall not be discharged to
the system.
(3) General Setback, Lot Area and Building Regulations. All uses and structures shall be subject
to the regulations of the applicable zoning and overlay zoning districts and the following
additional requirements applicable in all districts:
(A) Sloping or Erodible Building Sites. No structure shall be constructed on sites with
' slopes of greater than twenty five percent(25%) or on easily erodible soils as defined
~� on the Washington County Soil Survey.
(B) Permitted Encroachments into Required Setbacks. The following shall be permitted
encroachments into setback requirements:
1. flues, eaves and awnings up to three(3) feet in width;
2. steps, chimneys, sidewalks,and stoops up to three(3) feet in width;
3. exposed wheelchair ramps,bay windows and doors up to three(3) feet in width.
(C) Pipeline Easements. Structures shall be setback a minimum of 50 feet from an
underground pipeline easement.
(D) Corner Lots. Nothing shall be placed or allowed to grow,with the exception of
seasonal crops, in such a manner as to materially impede vision between a height of
City of Scandia Development Code,Chapter 2 Page 2-30
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
two and one half(2 '/Z)and ten(10) feet above the centerline grades of the intersecting
streets to a distance such that a clear line of vision is possible of the intersecting street
from a distance of 50 feet from the intersection of the right of way lines.
(E) Number of Structures. There shall be no mare than one(1)principal structure on any
one(1)parcel of land,unless otherwise authorized by the Development Code.
(F) Height. No structure shall exceed the maximum height permitted for the zoning
district in which it is located, except for church spires,chimneys, flag poles up to 45
feet in height,and wind generators. Wireless Communication Facilities are regulated
in accordance to Chapter Two, Section 4.36 of this Development Code.
(4) Single Family Dwellings
(A) Minimum Width and Foundations. In all districts where single family dwellings are
permitted,the following standards shall apply for single family dwellings, except for
temporary dwellings permitted by Chapter Two, Sections 4.31,4.32 and 4.33 of this
Development Code:
1. The minimum width of the main portion of the structure shall be not less than
twenty(20) feet, as measured across the narrowest portion.
2. All dwellings shall be placed on a permanent foundation and anchored to resist
overturning,uplift and sliding in compliance with the Minnesota State Building
Code.
(B) Certain Dwelling Units Prohibited. No cellar, garage,recreational vehicle or trailer,
basement with unfinished exterior above or accessory building shall be used at any
time as a dwelling.
(C) Occupancy of a Single Family Residential Dwelling. No more than six(6)persons not
related by blood,marriage or adoptidn shall reside in a single-family residential
dwelling.
(5) Buildable Land. All new parcels created,which are not served by public sanitary sewer shall
have at least one(1)contiguous acre of accessible buildable land. Buildable land is defined as:
(A) land with a slope less than 25 percent, and
(B) situated outside of any required setbacks, except that on a natural environment lake
where a 200 foot structure setback is required,the buildable area calculation shall be
measured from the 150 foot setback rather than the 200 foot setback; and
(C) situated outside every floodplain,drainageway,or drainage easement.
(6) Traffic Control.
The traffic generated by any use shall be controlled so as to prevent congestion of the public
streets,traffic hazards and excessive traffic through residential areas,particularly truck traffic.
Internal traffic shall be regulated so as to ensure its safe and orderly flow.Traffic into and out
City of Scandia Development Code,Chapter 2 Page 2-31
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
of business and industrial areas in all cases shall be forward moving with no backing into
streets.
(7) Access Drives, Access and Service Roads.
Access drives onto city streets shall require an administrative permit. This permit shall be
issued prior to or concurrent with the issuance of any building permits.The Zoning
Administrator shall determine the appropriate location,size and design of such access drives
and may limit the number of access drives in the interest of public safety and efficient traffic
flow. An escrow deposit may be required to ensure construction of the driveway to city
standards, including installation of any required culvert. Said escrow deposit shall be
refunded upon completion of the driveway and restoration of the street and surrounding
vegetation.
(8) Private Roads.
Private roads are not allowed in any new subdivisions created after the effective date of this
Development Code. Existing lots of record on private roads will be subject to the Standards
contained in Chapter One, Section 13.5 (1)(D).
3.2 Accessory Structures
(1) Required Permits. A building permit is required for all accessory structures except agricultural
buildings as defined herein. An administrative permit is required for all agricultural buildings
and agricultural accessory structures.
(2) All Accessory Structures. The following standards apply to all accessory structures.
(A) No accessory structure shall be constructed on a lot prior to construction of the
principal structure on the lot.
(B) No detached accessory structure, including storage sheds, shall be located closer to the
road right-of-way than the principal building on a lot without a variance unless all of
the following conditions are met:
1. The accessory structure is at least 200 feet from the road right-of-way on lots of
five(5)acres or more; and
2. All setbacks are met.
(3) Residential and Agricultural Accessory Structures. The following additional standards apply
to all residential and agricultural accessory structures:
(A) All accessory structures shall be limited to one story in height.
City of Scandia Development Code,Chapter 2 Page 2-32
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(B) The permitted total square footage and number of all accessory structures is as
follows:
Lot Size Total S uare Foota e Number o Structures
Parcels less than 1 acre 720 s . ft. 1
1 acre to 3.00 acres 1,000 sq. ft. 1
More than 3.00 acres to 5.00 acres 2,000 s . ft. 2
More than 5.00 acres to 10.00 acres 2,500 s . ft. 2
More than 10.00 acres to 20.00 acres 3,500 s . ft. 2
More than 20.00 acres to 30.00 acres 4,500 s . ft.
More than 30.00 acres to 40.00 acres 5,500 s . ft.
More than 40.00 acres to 60.00 acres 6,000 sq. ft. No limit provided
More than 60.00 acres to 80.00 acres 7,000 sq.ft. structures are
More than 50.00 acres 8,000 s .ft. agricultural
Agricultural buildings on parcels buildings.
80.00 acres or reater Unlimited
(C) One single story shed of 120 square feet or less is permitted in addition to the number
of accessory structures listed in Section(B), above. Ice fishing houses stored on
parcels of land during summer months shall be deemed to be the pernutted shed.
(D) All detached accessory structures are to be used for personal use or agricultural use
only. No commercial use or commercial-related storage is allowed in these structures.
(E) No land shall be subdivided so as to have a larger structure and/or exceed the total
number of structures as permitted by this Development Code.
(F) Domestic Farm Animals. Accessory structures used to shelter domestic farm animals
shall meet the following requirements:
1. All domestic farm animal structures, feedlots and manure storage sites shall be
setback as follows:
NaturaU Man-Made Features Horizontal
Setbacks
�;� (a) Any ro erty line 100 feet
(b) Any existing well or residential structure on the same 50 feet
arcel
(c) An seasonal or year-round wetland,lake or stream 200 feet
2. Said structure, feedlot or manure storage shall not be placed on slopes which
exceed thirteen(13)percent.
(4) Commercial and Industrial Accessory Structures. The following additional standards shall
apply to commercial and industrial accessory structures:
(A) One accessory structure is allowed on a parcel provided it is used for storage related to
the principal use of the property.No separate business is allowed in the accessory
structure.
City of Scandia Deve]opment Code,Chapter 2 Page 2-33
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(B) The accessory structure shall be placed to the rear of the principal building and
conform with applicable setback requirements and lot coverage standards.
(C) No accessory building shall exceed 35 feet in height.
3.3 Environmental Regulations
(1) Hazardous Materials
(A) All uses associates with the bulk storage of over two thousand(2,000) gallons of oil,
gasoline, liquid fertilizer,chemicals and similar liquids shall require a conditional use
permit.
(B) Secondary containment shall be provided for hazardous materials that are stored above
ground and for all areas where hazardous materials are loaded or unloaded. Above
ground liquid storage tanks shall have secondary containment, suitably sealed to hold
a leakage capacity equal to one hundred ten percent(110%)of the tank's capacity.
(C) Any area used for the storage of hazardous materials shall not contain interior floor
drains. If floor drains are essential to business operation,then the facility shall:
1. Connect the floor drain to a closed holding tank,or;
2. Obtain a groundwater discharge permit from the Minnesota Department of Natural
Resources.
3. The storage and/or preparation area for hazardous materials with more than 25
gallons or 100 pounds dry weight shall be set back a minimum of 150 feet from a
water supply well.
(D) Hazardous materials stored in an above ground storage tank with containment shall be
set back a minimum of 100 feet from a water supply well.
(E) Dry commercial fertilizers shall not be located in areas where stormwater runoff from
stockpiles could enter storm sewers, sanitary sewer ar other surface or ground water.
(F) Dry bulk pesticides with a dry weight of 100 pounds or more shall be stored under a
roof or tarpaulin that excludes precipitation from reaching the pesticide.
(G) Closed holding tanks shall be used for the collection of washwater from vehicle
maintenance and other related operations.
(H) Primary containment of hazardous materials shall be product-tight and all hazardous
materials shall be stored in compliance with the rules and regulations of Federal, State,
County and local agencies.
(I) The Minnesota Pollution Control Agency and Federal agency requirements for storage
leak detection,record keeping, spill prevention, emergency response,transport,and
disposal shall be met.
City of�Scandia Development Code,Chapter 2 Page 2-34
DRAF'I'July 22,2010 Chapter Two 0 Zoning Regulations
(J) Underground storage tanks shall comply with the requirements of the Minnesota
Pollution Control Agency and Federal agencies.
(2) Explosives.
Uses involving the commercial storage,use or manufacture of materials or products that could
detonate by decomposition are not permitted.
(3) Radiation and Electrical Interference.
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas.
There shall be no electrical disturbance(except from domestic household appliances)
adversely affecting the operation of ordinary business or household equipment and appliances.
Any such omissions are hereby declared to be a nuisance.
(4) Nuisances.
No noise,odors,vibration, smoke, air pollution,liquid or solid wastes,heat, glare dust or other
such adverse influences shall be permitted in any district that will have an objectionable effect
upon adjacent or nearby property owners and residents. Minimum standards shall be as
follows:
(A) Noise, Air and Water Pollution.Notwithstanding anything contained herein to the
contrary,the standards of the Minnesota Pollution Control Agency for noise,air,and
water pollution shall be the standards applied in those areas.
(B) Vibration.The following vibrations are prohibited:
1. Any vibration discernible(beyond the property line)to the human sense of feeling
far three(3) minutes or more duration in any one(1)hour.
2. Any vibration resulting in any combination of amplitudes and frequencies beyond
the"safe" range of the most current standards of the United States Bureau of Mines
on any structure.These standards shall not apply to vibrations created during the
process of construction.
(C) Public Health. The following are declared to be nuisances endangering public health
and are prohibited:
L Causing or allowing the effluent from any cesspool, septic tank,drainfield or
human sewage disposal system to discharge upon the surface of the ground,or
dumping the contents thereof at any place except as authorized by the Minnesota
Pollution Control Agency.
2. Causing or allowing the pollution of any public well or cistern, stream or lake,
canal or body of water by sewage, industrial waste or other substances.
3. Failing to dispose of carcasses of animals within twenty four(24)hours after
death.
City of Scandia Development Code,Chapter 2 Page 2-35
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
4. Any use shall be so operated as not to discharge across the boundaries of the lot or
through evaporation into the atmosphere or the subsoil beyond the boundaries of
the lot wherein such use is located toxic or noxious matter in such concentration as
to be detrimental to or endanger the public health, safety or welfare,or cause injury
or damage to property or business.
5. The ownership,possession or control of any unused refrigerator or other container,
with doors which fasten automatically when closed,of sufficient size to retain any
person, and which is exposed and accessible to the public,without removing the
doors, lids, hinges or latches, or providing locks to prevent access by the public.
� (D) Refuse
In all districts all waste material, debris,refuse, or garbage(with the exception of
agricultural uses and crop residue) shall be kept in an enclosed building or properly
contained in a closed container designed for such purposes, except on days of
collection when such materials may be placed at the curb or roadside. The owner of
vacant land shall be responsible for keeping such land free of refuse.The keeping of
shrub and tree waste,other waste material, debris,refuse or garbage generated off site
is not permitted except as provided in Section 4.32.
(E) Inoperable/Unlicensed Vehicles
1. Passenger vehicles and trucks in an inoperable state shall not be parked in any
districts, except in a location authorized as a vehicle reduction yard or enclosed
building, for a period exceeding seven consecutive days.
2. Any unlicensed vehicle,capable of being operated, shall not remain on any
property for more than 30 days if such vehicle has been unlicensed in both the
current and previous year, except a vehicle used on the property without the
requirement of a license.
(5) Hazardous Waste. Any use that generates,processes or disposes of hazardous waste shall
comply with the standards and regulations of the County's Hazardous Waste Management
Ordinance,Minnesota Pollution Control Agency and any other federal, state and local
agencies.
3.4 Exterior Storage. Exterior storage shall be regulated by the following standards.
(1) Residential and Agricultural Uses. All personal property shall be stored within a building or
fully screened so as not to be visible from adjoining properties and public streets,except for
the following:
(A) Construction,landscaping and agricultural materials and equipment currently(witbin a
period of six (6)months)being used on the premises
(B) Off-street parking of licensed passenger automobiles and pick-up trucks; and the
parking of such other vehicles as may be permitted by Section 3.10 of this Chapter.
(C) Recreation equipment(non-vehicular) and recreation facilities.
City or Scandia Development Code,Chapter 2 Page 2-36
DRAF'I'July 22,2010 Chapter Two 0 Zoning Regulations
(D) Storage of not more than two (2)recreational vehicles or recreation camping vehicles
in a side yard or rear yard,provided that any such side yard storage shall not be
adjacent to a street and all setbacks are met. Additional recreational equipment shall be
stored inside a building.
(E) Recreation camping vehicles shall not, while parked or stored,be used as a human
dwelling place, living abode or living quarters,except that such a vehicle owned by a
non-resident guest or visitor may be parked or occupied by said guest or visitor on
property on which a permanent dwelling is located, for a period not to exceed thirty
(30)days per year while visiting the resident of said property. The recreation camping
vehicle or trailer shall have self-contained sanitary facilities.
(2) Non-Residential and Non-Agricultural Uses. Exterior storage of useable personal property
accessory to an allowed commercial, industrial or other non-residential or non-agricultural
uses may be allowed by Conditional Use Permit. All such exterior storage in
commercial/industrial areas shall be screened as provided by Section 3.12 (5) of this Chapter,
with the following exceptions:
(A) Merchandise being displayed for sale;
(B) Materials and equipment currently being used for construction on the premises; and
(C) Merchandise located on service station pump islands.
(3) Vacant Lots.No personal property, vehicles,recreation equipment,recreational vehicles,
recreational camping vehicles, lumber or materials (except during the process of construction
of a structure) shall be kept or maintained on any lot or property on which a permanent
structure is not located.
(4) Shipping Containers. No more than one shipping container, intermodal shipping container or
freight container may be stored in a side or rear yard in all zoning districts,provided that any
such side yard storage shall not be adjacent to a street and all setbacks are met. The container
may be located on the property for a period not to exceed six(6)months per year,while
storage is required for remodeling or other activities on the property.
3.5 Fences
(1) General Performance Standards. Fences are permitted in accordance with the following
regulations:
(A) Fencing shall comply with the Scandia Architectural Design Guidelines,as applicable.
(B) Solid walls in excess of four(4) feet above adjacent ground grades shall be prohibited.
(C) That side of the fence considered to be the face(finished side as opposed to the
structural supports) shall face the abutting property.
(D) No fence shall be constructed on public rights-of-way.
(E) Fences shall not impede the view of the roadway from a driveway providing access to
the road.
Ciry of Scandia Development Code,Chapter 2 Page 2-37
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(F) Where a property line is not clearly defined,a certificate of survey may be required by
the Zoning Administrator to establish the location of the property line.
(G) Fences which exceed six(6) feet in height are permitted by an Administrative Permit,
except in a yard area abutting a road right-of-way. No fence shall exceed twelve(12)
feet in height.
(H) Fences may be placed along a property line provided no physical damage of any kind
results to abutting property.
(2) On properties located in the Shoreland Overlay District or St. Croix River District that either
have lake or river frontage, fences shall comply with the following standards:
(A) An Administrative Permit is required prior to the construction of any fence on these
properties.
(B) Within the non-buildable setback, fences shall be allowed along the side lot lines,but
shall not exceed six (6) feet in height from the finished ground grade.
(C) Within the buildable area of the property, fences shall have a maximum height of six
(6) feet from the finished ground grade.
(3) Fences are permitted along a property line abutting a road right-of-way in accordance with the
following:
(A) On properties that are being used for agriculture,a fence may be constructed up to six
(6) feet in height provided the fence is a wire strand or wood rail fence.
(B) On properties where the primary use is residential,commercial or industrial,fences
shall not exceed four(4) feet in height. Fences within the non-buildable setback area
and less than twenty(20) feet from the front property line shall not exceed four(4)
feet in height.
3.6 Land Alteration and Grading
(1) Applicability and Required Permits. Any person, firm, sole proprietorship,partnership,
corporation, state agency,or political subdivision proposing a land disturbance activity
within the city shall apply to the city for an Administrative Permit for Grading and Erosion
and Sediment Control. No land shall be disturbed until the pernut is granted by the city and
conforms to the standards set forth in this code. A grading and erosion and sediment control
plan shall be submitted and an Administrative Permit obtained for the following activities:
(A) Land alteration and grading of fifty(50)cubic yards or more and/or the disturbance of
land area of 1,000 square feet or more.
(B) Any excavating,grading or filling or change in the earth's topography in any
designated wetland, floodplain or shoreland district.
(C) Any changing of a natural drainageway or drainage pattern that increases or intensifies
the flow of surface water upon an adjacent property.
Ciry of Scandia Development Code,Chapter 2 Page 2-38
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(2) Exemptions. A permit is not required for the following: installation and maintenance of
home gardens; minor landscaping where the total volume of earth disturbed does not exceed
fifty(50)cubic yards; agricultural activities; cemetery graves; grading activities associated
with a construction project provided a building permit is issued and there is a minimal
amount of land disturbance; subdivisions that have received final plat approval and
driveways permitted in conjunction with a building permit; and emergency work necessary
to protect life,limb ar property.
(3) Other Permits. The issuance of a City permit does not exempt the applicant from the
requirements and permitting authority of other agencies having jurisdiction over the work
performed.
(4) Permit Application. The application for a permit shall include an existing and a finished
grade plan and an erosion and sediment control plan. The plans shall be drawn to scale at a
scale of no less than 1:200 feet. The plans shall indicate site topography, including contour
intervals of not more than two (2)feet.
(A) The finished grade plan shall show no adverse affects on adjacent land.
(B) The erosion and sediment control plan shall be prepared by a qualified professional
certified by the Minnesota Department of Transportation or other certification
acceptable to the City. The plan shall include at a minimum the lot boundaries,name,
address and phone number of the party responsible for maintenance of the sediment
control measures, easement areas,building locations,drainage directions indicated by
arrows, location of construction site access, stockpiles,trash containers,concrete
washout area, and all proposed temporary and permanent erosion and sediment control
measures. The application shall document that the applicant has applied for an
NPDES Permit from the Minnesota Pollution Control Agency, if applicable.
(C) At a minimum,the grading, erosion and sediment control measures shall conform to
those for Erosion Prevention and Sediment Control included in the current version of
the Minnesota Pollution Control Agency's Manual "Protecting Water Quality in
Urban Areas."
;'� (D) The City may require additional erosion and sediment control measures for sites
draining to Outstanding Resource Value Waters(ORVW)identified by the State of
Minnesota, or for slopes leading to a sensitive, impaired or special water body to
assure retention of sediment on site.
(E) A perinit fee shall be paid by the applicant prior to issuing any permit. The fee shall
cover review of the application and typical inspections for enforcement. Any
inspections and administration of the permit triggered by a notice of violation are not
included in this fee.
(F) The applicant will be required to file with the City an escrow to cover the City's costs
for failure by the applicant to make repairs or improvements installed on the site,and
any costs associated with a Notice of Violation. The project will be considered
complete and the escrow released when the site has reached final stabilization. The
applicant is required to inform the City when the site has reached stabilization and the
city may complete a final compliance inspection.
City of Scandia Development Code,Chapter 2 Page 2-39
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(G) Grading and Erosion and Sediment Control permit applications will be reviewed by
the Zoning Administrator and as deemed necessary,by the City Engineer.
Applications may also be referred to a watershed district, watershed management
organization or to other agencies for review and comment.
(5) General Standards. The following general standards shall apply for grading,drainage and
erosion control:
(A) All development shall conform to the natural limitations presented by the topography
and soil as to create the best potential for preventing soil erosion.
(B) Slopes over twenty five percent(25%) (4:1) shall not be altered.
(C) Development on slopes with a grade between twelve(12%)(8:1)and twenty five
(25%) (4:1)percent shall be carefully reviewed to insure adequate measures have been
taken to prevent soil erosion, sedimentation,vegetative, and structural damage.
(D) Erosion and siltation measures shall be coordinated with the different stages of
development. Appropriate control measures shall be installed prior to development
when necessary to control erosion.
(E) Land shall be developed in increments of workable size such that erosion and siltation
controls can be provided as construction progresses. The smallest practical area of
land shall be exposed at any one period of time.
(F) The drainage system shall be constructed and operational as quickly as possible during
construction.
(G) Whenever possible,natural vegetation shall be retained and protected.
(H) Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading
over the disturbed area. The soil shall be restored to a depth of four(4) inches and
shall be of quality at least equal to the soil quality prior to development.
(I) Erosion and sediment control measures shall be maintained until final vegetation cover
is established to a density of 70%.
(J) All temporary erosion and sediment control BMP's will be removed after the
permanent erosion and sediment control BMP's have been implemented and the site
has been permanently stabilized.
(6) Inspection Procedures. The applicant shall promptly allow the city and its authorized
representatives,upon presentation of credentials,to:
(A) Enter upon the pernutted site for the purpose of obtaining information, examination of
records,conducting investigations, inspections or surveys.
(B) Bring such equipment upon the permitted site as is necessary to conduct such surveys
and investigations.
(C) Inspect the erosion and sediment control measures.
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DRAF'I'July 22,2010 Chapter Two 0 Zoning Regulations
(D) The applicant shall notify the City when the measures required by the permit have
been accomplished on site,whereupon the City may conduct an initial inspection to
determine compliance with the ordinance,and may within a reasonable time thereafter
report to the applicant either that compliance appears to have been achieved, or that
compliance has not been achieved. In that case,the City shall provide a Correction
Notice identifying the conditions of noncompliance. The applicant shall immediately
begin corrective action and shall complete such corrective action within forty-eight
(48)hours of receiving the City's Notice. For good cause shown,the City may extend
the deadline for taking corrective action. Failwe to take corrective action in a timely
manner shall constitute a violation of this ordinance. The City shall not be responsible
for direct or indirect consequences to the applicant or to third-parties for non-
compliant conditions undetected by inspection.
(7) Enforcement. Whenever the Zoning Administrator finds any violation of this ordinance,the
Zoning Administrator shall issue a stop work order. Such stop work order is subject to the
following conditions:
(A) The stop work order shall be in writing and shall be given to the applicant or the
applicant's agent. The stop work order shall state the reason for the order.
(B) Upon issuance of the stop work order,the cited work shall immediately cease.
(C) The stop work order may be issued for a reasonable period to be deternuned by the
city during which time the applicant will be allowed to correct the identified
violations.
(D) The applicant may appeal the order by notifying the City, in writing,within five(5)
business days of receipt of the stop work order. Upon receipt of such written appeal,
the stop wark order shall be deemed null and void,and the City may undertake
enforcement pursuant.
(E) If the violations cannot be corrected within the time frame determined by the City,the
applicant may seek an extension of the stop work order for such additional period of
time as allowed by the enforcement officer.
(F) If the applicant does not reject the stop work order and corrects the identified
violations within the designated period,the applicant may immediately commence
further activity at the site. Prior to commencing further activity at the site,the
applicant shall establish correction of the violations by providing to the enforcement
officer a written statement that the violations have been corrected, with a description,
including photographs when appropriate, of the action taken to correct the violations.
(G) If the violations are not corrected within the designed period(with extensions),and no
rejection notice has been given to the City pursuant to G (4)above,the City may
correct the cited violations and draw down the escrow to cover the cost.
(H) Any person who shall continue any cited work after having been served with a stop
work order,except such work as is necessary to correct the cited violations, shall be
subject to penalties as stated in this ordinance.
City of Scandia Development Code,Chapter 2 Page 2-41
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
3.7 Stormwater Management
(1) This section sets forth the minimum requirements for stormwater management that will
diminish threats to public health, safety,public and private property and natural resources of
the community and meet the requirements of appropriate regulatory agencies.
(2) The Zoning Administrator shall administer this chapter, unless a Watershed District or
Watershed Management Organization has permitting authority. Regulation by the City does
not exempt the applicant from the requirements and permitting authority of other agencies.
(3) The requirements of this section shall apply to all applicants or projects requiring site plan
review, a Conditional Use Permit,platting,or subdivision review.
(4) General Stormwater Management Standards and Design Criteria
(A) No person shall develop land for residential, commercial, industrial or institutional
uses without providing stormwater management measures that control or manage
runoff from such developments. Emergency actions, such as the need to address a
failing septic system,are exempt froin these controls.
(B) Development shall minimize impact to significant natural features. All sites shall be
reviewed for the presence of wetlands,wooded areas of significance,rare and
endangered species habitat,and areas designed by the County Biological Survey.
These areas should not be developed.
(C) New development and redevelopment activities shall meet the adopted water
management rules, standards,and plan requirements of local watershed management
organizations for volume control,rate control,and water quality.
(D) Where directed by the City and based on site suitability,the developer or applicant
shall consider reducing the need for stormwater controls and Best Management
Practices(BMP's)by minimizing impervious surface and incorporating the use of
natural topography. The following design options should be considered,consistent
�, with the zoning and subdivision requirements:
�� (i) Preserving natural vegetation
(ii) Preserving and utilizing natural upland swales, depressions and storage areas in
the post development conditions to the degree that they can convey, store,filter
and retain stormwater runoff before discharge without becoming a public
nuisance or hazard. Preservation requires that no grading or other construction
activity occurs in these areas.
(iii)Installing semi-permeable/permeable or porous paving.
(iv)Using landscaping and soils to treat and infiltrate stormwater runoff
(v) Identifying vegetated areas that can filter sheet flow,remove sediment and other
pollutants,and increase the time of concentration
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DRAF"T July 22,2010 Chapter Two 0 Zoning Regulations
(vi)Disconnecting impervious areas by allowing runoff from small impervious areas
to be directed to pervious areas where it can be infiltrated or filtered
(vii) Increasing buffers around streams, steep slopes,and wetlands to protect
from flood damage and provide additional water quality treatment
(viii) Installing green roofs
(ix)Using irrigation systems, cisterns, rain barrels and related BMP's to reuse
stormwater runoff
(E) The design of ponds and other stormwater BMP's shall conform to the requirements of
the City's Subdivision Ordinance--Engineering Standards,and to the standards and
design recommendations in the Minnesota Pollution Control Agency's Minnesota
Stormwater Manual(2006 and subsequent revisions) and Minnesota Stormwater Best
Management Practices Manual.
(F) The lowest ground elevation adjacent to a structure in a development shall be at least
three(3) feet above the one hundred (100)year,twenty-four(24)hour elevation of the
water body. The lowest ground elevation adjacent to structures that are adjacent to
ponds shall be certified by the builder during basement construction to ensure
adequate freeboard.
(G) If the basin is landlocked,the lowest ground elevation adjacent to a structure should be
a minimum of five(5)feet above the calculated high water level.
(5) IIlegal disposal
(A) No person shall leave,throw, deposit,discharge, dump,place,leave,maintain or keep
any substance upon any street or sidewalk,or any element of the storm sewer system,
or upon any public or private lot of land, so that the same might be or become a
pollutant, except in containers,recycling bags, or other lawfully established waste
disposal facility.
(B) No person shall intentionally dispose of grass, leaves,dirt or landscape material into
any surface water,buffer area, street, sidewalk or element of the storm sewer system.
(6) Illicit discharges and connections
(A) No person shall cause any illicit discharge to enter the storm sewer system or any
surface water unless such discharge:
1. Consists of non-stormwater discharge that is authorized by an MPCA permit; or
2. Is associated witb fire fighting activities or other activities necessary to protect
public health and safety.
City of Scandia Development Code,Chapter 2 Page 2-43
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(B) Dye testing is an allowable discharge,but requires a verbal notification to the city
prior to the time of the test.
(C) The following discharges are exempt: water line flushing or other potable water
sources, landscape irrigation or lawn watering, diverted stream flows,rising ground
water, ground water infiltration to storm drains,uncontaminated pumped ground
water, foundation or footing drains,crawl space pumps, air conditioning,
condensation, springs,non-commercial washing of vehicles,natural riparian habitat or
wetland flows, dechlorinated swimming pool water and any other water source not
containing a pollutant.
(D) No person shall use any illicit connection to intentionally convey a non-stormwater
discharge to the city's storm sewer system.
(E) The construction,use,maintenance or continued existence of illicit connections to the
storm sewer system is prohibited. This prohibition includes, without limitation,illicit
connections made in the past,regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(F) Any owner or occupant of property within the city shall comply with the following
requirements:
1. Subsurface sewage treatment systems shall be maintained to prevent failure.
2. Recreational vehicle sewage shall be disposed of to a proper sanitary waste
facility.
3. Water in swimming pools shall sit for seven(7) days without the addition of
chlorine to allow for chlorine to evaporate before discharge.
4. Runoff of water from the washing of paved areas on commercial or industrial
property is prohibited unless necessary for health or safety purposes and not in
� �� violation of any other provisions of this code.
�' S. Mobile washing companies (carpet cleaning,mobile vehicle washing, etc.) shall
dispose of wastewater to a proper sanitary waste facility.
6. Any machinery or equipment that is to be repaired or maintained in areas
susceptible to runoff shall be placed in a confined area to contain leaks, spills or
discharges.
3.8 Land Clearing
(1) Required Permits: Land clearing on an area of 20,000 square feet or more is permitted in all
districts,provided an Administrative Permit is issued.A permit is not required for clearing
trees and other woody plants in an area less than 20,000 square feet, clearing activities
associated with a construction project provided a building pernut is issued and there is
minimal amount of clearing,and subdivisions that have received final plat approval.
(2) Other Requirements. Land Clearing shall comply with all rules and regulations of Federal,
State, County and local agencies.
City of Scandia Development Code,Chapter 2 Page 2-44
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(3) Performance Standards. Land clearing shall comply with the following:
(A) There shall be no removal of trees located on slopes greater than 25%, or in wooded
floodplains,wooded wetlands, and stream corridors. Trees and woodlands within the
Shoreland Overlay District and the St. Croix River District are subject to the
requirements as stated in the overlay district regulations in addition to the regulations
of this Chapter.
(B) Construction fences or barricades may be required to be placed at the perimeter of the
area to be cleared.
(C) Erosion and siltation measures shall be coordinated with the different stages of
clearing.Appropriate control measures shall be installed prior to land clearing when
necessary to control erosion.
(D) Land shall be cleared in increments of a workable size such that erosion and siltation
controls can be provided as the clearing progresses.The smallest practical area of land
shall be exposed at any one period of time.
(E) Restoration.All permits shall contain a restoration plan providing for the use of the
land after project completion. The following are minimum standards for restoration:
1. All disturbed areas shall be restored at the completion of the project.
2. All restoration shall include the application of a minimum of four(4)inches of
mineral soil or similar material that will support plant growth.
3. All restored areas shall be seeded with a mixture recommended by the soil and
Water Conservation District unless it is put into forest or row crop production.
4. Final grades shall be in conformity with the permit and topography of the
surrounding land.
5. The standards above may be raised or modified to accommodate a specific
restaration plan.
6. The Zoning Administrator may require the applicant to post a financial guarantee
to ensure compliance with the Administrative Permit.
3.9 Lighting
(1) Exemptions.The standards of this section shall not apply to the following:
(A) Temporary holiday lighting. This Development Code does not prohibit the use of
temporary outdoor lighting used during customary holiday seasons provided that
individual lamps are ten(10)watts ar less.
(B) Civic Event Lighting. This Development Code does not prohibit the use of temporary
outdoor lighting used for civic celebrations and promotions.
City of Scandia Development Code,Chapter 2 Page 2-45
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(C) Lighting required and regulated by the Federal Aviation Administration or other
federal or state agency.
(D) Emergency Lighting by police, fire and rescue authorities.
(2) Nonconforming Uses.
(A) All outdoor lighting fixtures lawfully existing and legally installed prior to the
effective date of this Chapter are exempt from the regulations contained in this
Chappter.
(B) Whenever an outdoor light fixture that was existing on the effective date of this
Chapter is replaced by a new outdoor light fixture,the new fixture shall meet the
standards of this Chapter.
(3) Method of Measuring Light Intensity. The foot-candle level of a light source shall be taken
after dark with the light meter held 6" above the ground with the meter facing the light source.
A reading shall be taken with the light source on,then with the light source off. The difference
between the two readings will be identified as the illumination intensity.
(4) Performance Standards.
(A) Lighting plans shall be reviewed for compatibility with the Scandia Architectural
Design Guidelines,as applicable.
(B) In the Agriculture District—Core(AG C),Agriculture Preserves District(AP),
General Rural District(GR)and Village Neighborhood District(VN),any lighting
used to illuminate an off-street parking area or other structure or area shall be arranged
as to deflect light away from any adjoining residential property or from the public
street.
1. Shielding. The light source shall be hooded or controlled so as not to light adjacent
property in excess of the maximum intensity defined in Section 3.8 (4) (A) 2. Bare
light bulbs shall not be permitted in view of adjacent property or public right of
way.
2. Intensity. No light source or combination thereof which casts light on a public
street shall exceed one(1) foot candle meter reading as measured from the
centerline of said street nor shall any light source or combination thereof which
casts light on adjacent property exceed four tenths(0.4) foot candles as measured
at the property line.
(C) In the Village Mixed Use A District(VMU A),Village Mixed Use B District(VMU
B),Industrial Park District(II')and Rural Commercial District(R COMM),any
lighting used to illuminate an off-street parking area or other structure or area shall be
arranged as to deflect light away from any adjoining property or from the public street.
1. Shielding. The luminaire shall contain a cutoff that directs and cuts off the light at
an angle of 90 degrees or less.
City of Scandia Development Code,Chapter 2 Page 2-46
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
2. Intensity. No light source or combination thereof which casts light on a public
street shall exceed one(1) foot candle meter reading as measured from the
centerline of said street nor shall any light source or combination thereof which
casts light on adjacent property exceed four tenths (0.4) foot candles as measured
at the property line.
3. Height: The maximum height above the ground grade permitted for light sources
mounted on a pole is 18 feet except by conditional use permit. A light source
mounted on a building shall not exceed the height of the building and no light
sources shall be located on the roof unless said light enhances the architectural
features of the building and is approved by the Zoning Administrator.
4. Location: The light source of an outdoor light fixture shall be setback a minimum
of 10 feet from a street right of way and 5 feet from an interior side or rear lot line.
5. Hours: The use of outdoor lighting for parking lots serving commercial and
industrial businesses is restricted according to the following. Outdoor lighting that
serves businesses that do not operate after dark shall be turned off one(1)hour
after closing except for approved security lighting. For those businesses that offer
services after dark,outdoor lighting may be utilized during the nighttime hours
provided the business is open for service. Once the business closes,the outdoor
lighting shall be turned off one(1) hour after closing except for security lighting.
6. Design: Lighting shall be subject to design review for compatibility with the
Scandia Architectural Design Guidelines.
(D) Outdoor Recreation: Outdoor recreational uses such as,but not limited to baseball
fields, football fields,tennis courts and snow skiing areas have special requirements
for night time lighting. Due to these unique circumstances,a conditional use permit
shall be required for all new outdoar lighting fixtures that do not meet the regulations
stated above.
1. No outdoor recreation facility whether public or private shall be illuminated after
� 11:00 PM unless the lighting fixtures conform to Section 3.8 (4)(B),above.
1/°""'"';,
2. Off street parking areas for outdoor recreation uses which are illuminated shall
meet the requirements stated in Section 3.8 (4) (B) 2.
(5) Prohibitions. The following outdoor light fixtures are prohibited within the City of Scandia:
(A) Search lights or sky trackers
(B) Flashing,blinking or rotating lights
(C) Neon lighting on the exterior of a building
(D) LED(light emitting diode) lights
(E) Individually lit letters in signs
(F) Raceway lighting
City of Scandia Development Code,Chapter 2 Page 2-47
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(G) Exposed fluorescent tubes
(H) Mercury vapar lamps
(I) Laser lights
(J) Back lit canopies or awnings
(6) Submission of Plans. The applicant for any permit requiring outdoor lighting shall submit
evidence the proposed outdoor lighting will comply with this Development Code.The
submission shall contain the following in addition to other required data for the specific
permit:
(A) Plans indicating the location on the premises, and the type of illuminating devices,
fixtures,lamps, supports, reflectors and other devices.
(B) Description of illuminating devices, fixtures, lamps, supports, reflectors and other
devices and the description may include,but is not limited to, catalog cuts by
manufacturers and drawings (including sections where required);
(C) Photometric data, such as that furnished by manufacturers,ar similar showing the
angle of the cutoff or light emissions.
3.10 Parking
�
(1) General Provisions.
(A) Existing off street parking spaces and loading spaces upon the effective date of this
Chapter shall not be reduced in number unless said number exceeds the requirements
set forth herein for a similar use.
(B) The placement, design, screening,buffering and landscaping of parking areas shall be
reviewed for compatibility with the Scandia Architectural Design Guidelines and as
required by Section 3.11 of this Chapter.
��
(C) Parking as required by the Americans with Disabilities Act(ADA) for the disabled
shall be provided.
(D) Required off street parking space in any district shall not be utilized for open storage
of goods or for the storage of vehicles that are inoperable,for sale or for rent.
(E) Off street parking facilities accessory to residential and agricultural uses shall be
utilized solely for the parking of passenger automobiles and trucks with a gross
vehicle weight rating(GVWR)not to exceed twelve thousand(12,000)pounds or
greater than thirty(30) feet in length. No more than four(4) such vehicles per lawful
dwelling unit shall be parked or stored outside of a building on parcels of 10 acres or
less. Larger trucks,contracting or excavating equipment, storage trailers,and mobile
storage compartments shall not be parked, stored or otherwise located on any lot,with
the following exceptions:
Ciry of Scandia Development Code,Chapter 2 Page 2-48
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
1. Trucks,tractors and other vehicles and equipment directly associated with an
agricultural use of the property; or
2. When loading,unloading,rendering service or being used in conjunction with a
temporary service including,but not limited to,a construction or remodeling
project benefiting the premises.
(F) Under no circumstances shall required parking facilities accessory to residential
structures be used for the storage of commercial vehicles or for the parking of
automobiles belonging to the employees,owners,tenants or customers of businesses
or manufacturing establishments.
(G) No motor vehicle repair work of any kind shall be permitted in conjunction with
exposed off-street parking facilities, except for minor repairs of vehicles owned by the
occupant or resident of the principal use for which the parking space is intended. No
exterior storage of car parts is allowed at any time.
(H) Landscaping and screening requirements of Section 3.12 of this Chapter shall be met.
(2) Surfacing and Drainage. Off street parking areas shall be improved with a durable and dustless
surface. Such areas shall be so graded and drained as to dispose of all surface water
accumulation within the parking area. Durable and dustless surface may include crushed rock
and similar treatment for parking accessory to residential structures up to and including four
(4)units; all other uses shall utilize asphalt,concrete or a reasonable substitute surface as
approved by the City Engineer. Pervious ar permeable pavements or pavers may be used if
approved by the City Engineer. All surfacing shall be completed prior to occupancy of the
structure unless other arrangements have been made with the city.
(3) Location. All accessory off street parking facilities required herein shall be located as follows:
(A) Residential Uses
1. Spaces accessory to one and two family dwellings shall be on the same lot as the
principal use served.
2. Spaces accessory to multiple family dwelling shall be on the same lot as the
principal use served and within two hundred(200) feet of the main entrance to the
principal building served.
(B) Commercial or Industrial Uses. Spaces accessory to uses located in the commercial or
industrial uses shall be on the same lot as the principal building, except that:
1. Subject to approval by the City Council, off street parking facilities for a
combination of mixed buildings, structures or uses may be provided collectively,
provided that the total number of spaces provided shall equal the sum of the
separate requirements of each use during any peak hour parking period.
2. Subject to approval by the City Council,required accessory off street parking
facilities are may be provided elsewhere than on the lot in which the principal use
served is located. Said parking facilities shall be in the same ownership or control,
City of Scandia Development Code,Chapter 2 Page 2-49
DRAFi July 22,2010 Chapter Two 0 Zoning Regulations
either by deed or long-term lease, as the property occupied by such principal use.
The owner of the principal use shall file a recordable document with Washington
County requiring the owner and his or her heirs and assigns to maintain the
required number of off street parking spaces dwing the existence of said principal
use.
(4) Minimum Number of Parking Spaces
(A) The required number of parking spaces required by this Chapter may be reduced if a
detailed parking analysis is provided and approved by the City Council.
(B) When calculating parking stall requirements,a fraction of a number shall be rounded
up to the next whole number.
(C) The minimum number of parking spaces shall be as follows:
Use Minimum Number of S aces Re uired
Sin le Famil Dwellin Two(2) s aces.
Multiple Dwelling Units Two(2) spaces per dwelling unit. At least one-half(1/2)
of the re uired s aces shall be enclosed.
Place of Worship and Other One(1) space for each three(3) seats or for each five(5)
Places of Assembl feet of ew len h. Based on maximum desi ca acit .
Offices One(1) space for each two hundred(200)square feet of
ross floor s ace.
Hotels, Motels One(1) s ace er unit lus one 1 s ace er em lo ee.
Schools, Elementary and Junior Three(3) spaces for each classroom.
Hi h
Schools,High School through One(1) space for each four(4) students based on design
College capacity plus three(3)additional spaces for each
classroom.
Residential Facility, State One(I) space for each bedplus one(1) space for each
Licensed three 3 em lo ees otherthan doctors
S orts and Fitness Clubs One 1 s ace for each 200 s uare feet of floor area.
� Bowling Alley Six (6) spaces for each alley,plus additional spaces as
` ma be re uired for related uses such as a restaurant.
Motor Vehicle Service Station Two(2) spaces plus three(3) spaces for each service
stall
Retail Store Four(4) spaces for each one thousand(1,000)square
feet of oss floor area.
Medical or Dental Offices/ Six(6) spaces per doctor or dentist.
Clinics
Restaurants,Bars or Taverns One(1) space far each two and one-half(2'/z) seats,
based on ca acit desi .
Funeral Homes Eight (8) spaces for each chapel plus one(1) space for
each funeral vehicle maintained on the premises. Aisle
space shall also be provided off the street for making
funeral rocession.
City of Scandia Development Code,Chapter 2 Page 2-50
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
Use Minimum Number of S aces Re uired
Furniture Store,Wholesale, Three(3) spaces for each one thousand(1,000) square
Auto Sales,Repair Shops feet of gross floor area. Open sales lots shall provide two
(2) spaces for each five thousand(5,000) square feet of
lot area,but not less than three(3 s aces.
Industrial,Warehouse, Storage, One(1)space for each two(2) employees on maximum
Handling of Bulk Goods shift or one(1) for each two thousand(2,000) square
feet of ross floor area,whichever is eater.
Marinas One and one-half(1'/Z) spaces per slip plus one(1) space
per employee and a minimum of twenty(20),twelve by
twent -five 12 feet x 25 feet) foot trailer stalls.
Golf Driving Range One and one-half(1%z) spaces per hitting station plus
one for each em lo ee on the maximum shift.
Self-Storage Facilities, One(1) space for each 100 storage units and two(2)
Enclosed s aces for a live-in mana er, if an .
Beauty Salons,Barbers,Day Two(2)spaces for each chair or station.
Spas,Massage Therapy and
Similar Personal Services
Uses Not Specifically Noted As determined by the Zoning Administratar, based on
the most similar listed use(s.) The Zoning Administrator
shall also consult off-street parking reference materials
including, but not limited to,manuals prepared by the
American Planning Association and the Institute of
Trans ortation En ineers.
(5) Design and Maintenance of Off-Street Parking and Loading Areas
(A) General Requirements
1. Parking areas shall be designed so as to provide adequate means of access to a
public street. All off street parking spaces shall have access from driveways and
not directly from the public street. Access driveways shall comply with the
� � requirements of Sections 3.1(6)and 3.1(7)of this Chapter.
�"�
2. Any lighting used to illuminate an off street parking area shall be in accordance
with Section 3.8 of this Chapter.
3. Fire access lanes shall be provided as required by the building or fire code.
4. All parking areas where four(4)or more spaces are required shall be marked by
durable painted stripes designating the parking spaces. Continuous curb and gutter
around the periphery of the paved parking area, including drives,may be required
if recommended by the Zoning Administrator or City Engineer. At a minimum all
open off street parking areas designed to have head in parking along the property
line shall provide a bumper curb not less than ten(10)feet from the property line.
5. Adequate off-street loading areas shall be provided for commercial and industrial
uses. Loading spaces shall include a maneuvering area which shall not use or
block any portion of the site containing parking stalls,access drive,customer
City of Scandia Development Code,Chapter 2 Page 2-51
DRAF'T July 22,2010 Chapter Two 0 Zoning Regulations
service areas or required fire lanes. Loading spaces and maneuvering areas shall
not include areas within required setbacks or public rights of way.
6. It shall be the joint responsibility of the operator and owner of the principal use or
building to reasonably maintain the parking and loading space,access ways,
landscaping and required screening.
- - -- — - - • �--- - — - - -- - --- ------ -- - - " ,
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PARKING LOT DIAGRAM
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City of Scandia Development Code,Chapter 2 Page 2-52
DRAFT luly 22,2010 Chapter Two 0 Zoning Regulations
(B) Dimensional Requirements.
Unless otherwise specified in this Chapter, setbacks and stall,aisle and driveway
design for required off-street parking shall comply with the following standards.
These standards shall not apply to parking areas for one and two-family dwellings or
agricultural uses.
Dimension(Feet) Diagram 45° 60° 75° 90°
Stall width arallel to aisle(1 A 12.7 10.4 93 9.0
Stall len h of line B 25.0 22.0 20.0 18.5
Stall de th C 17.5 19.0 19.5 18.5
Aisle width between stall lines D 12.0 16.0 23.0 26.0
Stall de th,interlock E 15.3 17.5 18.8 18.5
Module, edge of pavement to F 44.8 52.5 61.3 63.0
interlock
Module, interlockin G 42.6 51.0 61.0 63.0
Module, interlock to curb face H 42.8 50.2 58.8 60.5
Bum er overhan (t ical) I 2.0 23 2.5 2.5
Offset J 6.3 2.7 0.5 0.0
Front yard setback of parking to K (2) 10
lot line
Side and rear yard setback of K 10
arkin to lot line
Entrance drive or cross aisle, L 14.0
one-wa
Entrance drive or cross aisle, L 24.0 Minimum
two-wa 32.0 Maximum
Front lot line to drive(landscape M 10.0
area)
Side and rear lot line to drive N 10.0
Parallel arkin , stall width -- 9.0
Parallel parking. stall len=th -- 23.0
Parking or drive aisle setback to O 10.0
rinci al structure
Minimum inside turning radius -- As required to comply with minimum turning radii
for fire lanes for fire a aratus e ui ment
(I)Required handicap stalls and ramps shall be per State Code.
(2) Joint or common parking facilities on separate lots as authorized and when constructed adjacent to a common lot line
se aratin two(2)or more parking areas are not required to observe the parking are setback from a common lot line.
P g
City of Scandia Development Code,Chapter 2 Page 2-53
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
3.11 Woodland and Tree Preservation
(1) Purpose.
The preservation and protection of trees and woodlands can significantly add to the quality of
the physical environment of the community. The City recognizes the value of trees and
woodlands for improving air quality, scenic beauty,protection against wind and water erosion,
shade,natural insulation for energy conservation,wildlife habitat, and protecting the integrity
of the natural environment.
(2) Applicability. �
(A) A Woodland Preservation Plan shall be required for:
1. Any Preliminary Plat when significant trees or significant woodlands exist in the
proposed construction zone.
2. Any Minor Subdivision when significant trees or significant woodlands exist in the
proposed construction zone.
3. Any Landscape Plan as required by Section 3.11 of this Chapter when significant
trees or significant woodlands exist in the proposed construction zone.
(B) A Woodland Preservation Plan shall not be required for:
1. Removal of Diseased Trees. All diseased,hazardous, dead and dying trees may be
removed.
2. Removal of Invasive tree species. Invasive tree species are encouraged to be
removed and chemically treated with appropriate herbicides and application
methods to discourage re-sprouting and minimize ecological impacts.
(3) Woodland Preservation Plan Requirements.
(A) All Woodland Preservation Plans shall be certified by a forester, ecologist, landscape
architect or other qualified professional retained by the Applicant.
(B) The Woodland Preservation Plan shall include the following information:
1. Boundary lines of the property with accurate dimensions as established by survey.
2. Location of existing and proposed buildings, structures,parking lots,roads,
impervious surfaces and other improvements.
3. Proposed grading plan with two-foot contour intervals and limits of the
construction zone.
4. Location of all significant woodlands, area in square feet and acres, and description
of natural community type or predominant canopy tree species, identified in both
graphic and tabular form.
City of Scandia Development Code,Chapter 2 Page 2-54
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
5. Location of all existing significant trees, size by caliper inch, scientific name,and
common name for all areas of the site identified in both graphic and tabular form.
6. Location of significant trees and significant woodlands proposed to be removed
within the construction zone, identified in both graphic and tabular form.
7. Measures to protect significant trees and significant woodlands, as required by
Section 3.10(7).
8. Size, scientific name, common name, and location of all replacement trees
proposed to be planted on the property to replace significant trees and/or
significant woodlands proposed to be removed.
9. The name(s),telephone number(s), and address(es)of Applicants,property
owners,developers,and/or builders.
10. Signature and qualifications of the person preparing the plan. �
(4) Significant Tree Replacement
All significant trees removed shall be replaced by the Applicant as determined by the tree
replacement schedule. Option A,B or C, or some combination may be proposed by the
Applicant.
Tree Replacement
Schedule.Size of Tree Damaged Number of Replacement Trees
or Destroyed
A B C
Deciduous trees at Deciduous trees at Deciduous trees at
least 4 caliper least 2.5 caliper
least 1.5 caliper
inches;Coniferous inches;Coniferous inches;
trees at least 12 trees at least 6 feet Coniferous trees at
feet in height in height least 4 feet in
hei ht
Coniferous, 12 to 24 feet hi h 1 2 4
Coniferous,greater than 2 4 g
24 feet in hei ht
Primary Deciduous, 1 2 4
6 to 20 inches diameter
Primary Deciduous,greater than 2 4 g
20 inches in diameter
Secondary Deciduous, 1 2 4
20 to 30 inches diameter
Secondary Deciduous,greater 2 4 g
than 30 inches diameter
City of Scandia Development Code,Chapter 2 Page 2-55
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(5) Tree Replacement Fund. In the event that sufficient land area on the subdivision or
commercial lot is not available to plant the replacement trees,as determined by the City,the
Applicant shall provide to the City payment for the planting of the required trees elsewhere at
a rate of$100 per caliper inch.
(6) Significant Woodland Replacement.
All significant woodlands removed shall be replaced by the Applicant. The number of
replacement trees shall be determined by either of the following methods,whichever yields
the greater number of replacement trees.
(A) Replacement of significant trees within the significant woodland that are damaged or
destroyed,per the Tree Replacement Schedule.
(B) Replacement for every 125 square feet of significant woodland damaged or destroyed,
or increment thereof,with:
1. One(1)deciduous tree of at least 4 caliper inches or one(1)coniferous tree at least
12 feet tall; or
2. Two(2)deciduous trees of at least 2.5 caliper inches or two(2) coniferous trees at
least 6 feet tall; or
3. Four(4) deciduous trees of at least 1.5 caliper inches or four(4) coniferous trees at
least 4 feet tall.
(C) Species Requirement.
1. The City may require that the replacement species is identical to the removed
species.
2. Where ten(10)or more replacement trees are required,not more than fifty(50)
percent of the replacement trees shall be of the same species of tree without the
� approval of the City.
�,` 3. Trees planted to replace significant woodland shall be arranged in stands to
provide a habitat similar to the damaged or destroyed habitat. An appropriate
native understory seed mix shall be planted along with the replacement trees.
(D) Warranty Requirement.
Any replacement tree which is not alive or healthy,as determined by the City,or
which subsequently dies due to construction activity within two(2) years of the tree's
planting, shall be removed by the Applicant and replaced with a new healthy tree
meeting the same minimum size requirements within eight(8)months of removal.
(E) Landscaping Requirements.
The planting of trees for mitigation shall be in addition to any other landscape
requirements of the City.
City of Scandia Development Code,Chapter 2 Page 2-56
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(F) Shoreland Overlay District.
Trees and woodlands within the Shoreland Overlay District are subject to the
requirements stated in Chapter Five of this Development Code, in addition to the
regulations of this Section.
(7) Required Protective Measures.
The following measures shall be utilized to protect significant trees and significant woodlands
during any type of grading or construction:
(A) Installation of snow fencing or polyethylene laminate safety netting placed at the drip
line or at the perimeter of the critical root zone(CRZ),whichever is greater, of
significant trees and significant woodlands to be preserved.No grade change,
construction activity,or storage of materials shall occur within this fenced area.
(B) Identification of any oak trees requiring pruning between April 15 and July 1 to avoid
the spread of Oak Wilt. Any oak trees so pruned shall be required to have any cut
areas sealed immediately with an appropriate non-toxic tree wound sealant. The
sealant shall be kept on-site for the duration of pruning, grading, and construction
activities.
(C) Prevention of change in soil chemistry due to concrete washout and leakage or spillage
of toxic materials, such as fuels ar paints.
(8) Recommended Protective Measures
The following tree protection measures are suggested to protect significant trees and/or
significant woodland that are intended to be preserved:
(A) Installation of retaining walls or tree wells to preserve trees.
(B) Placement of utilities in common trenches outside of the drip line of significant trees,
or use of tunneled installation.
.�'`
(C) Use of tree root aeration, fertilization,and/or irrigation systems.
(D) Transplanting of significant trees into a protected area for later moving into permanent
sites within the construction area.
(E) Therapeutic pruning.
(9) Review Process.
The Woodland Preservation Plan shall be reviewed by the City to assess the best possible
layout to preserve significant trees and significant woodland,and to enhance the efforts to
minimize damage to significant trees and woodland. The Applicant shall meet with the Zoning
Administrator prior to submission of the development application to determine the most
feasible and practical placement of buildings,parking,driveways, streets, storage,and other
City of Scandia Development Code,Chapter 2 Page 2-57
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
physical features in order that the fewest significant trees and significant woodlands are
destroyed or damaged.
(10) Compliance with the Plan.
(A) Implementation of the Plan.
The Applicant shall implement the Woodland Preservation Plan prior to and during
any construction. The tree protection measures shall remain in place until all grading
and construction activity is terminated,or until a request is made to and approved by
the City.No significant trees or significant woodland shall be removed until a
Woodland Preservation Plan is approved.
(B) Performance Guarantee.
The Applicant shall provide the required performance guarantee following preliminary
approval of the Woodland Preservation Plan and prior to any construction and/or
grading.
The amount of the performance guarantee to be submitted, specific to the Woodland
preservation fulfillments, shall be calculated as follows:
1. An amount to guarantee preservation of all trees identified by the approved
Woodland Preservation Plan to be preserved within the Construction Zone shall be
deposited with the City.
The amount shall be calculated by multiplying the total caliper inches of
significant trees to be preserved by the rate of payment of$100.00 per caliper inch
and the total square feet of significant woodland to be preserved at the rate of
$1.50 per square foot.
2. Following written request by the Applicant for acceptance,the performance
guarantee will be released upon verification by the City that the Woodland
Preservation Plan was followed and that the tree replacement schedule was
complied with where necessary; in no event shall the performance guarantee be
released earlier than completion of the warranty requirements.
(C) Noncompliance. If a significant tree or significant woodland that was intended to be
preserved is removed without permission of the City, or damaged so that it is in a state
of decline within one(1)year from date of proj ect closure,the cash performance
guarantee, $100.00 per caliper inch of significant tree or$1.50 per square foot of
significant woodland, shall be remitted to the City. The City shall have the right to
inspect the development and building site in order to determine compliance with the
approved Woodland Preservation Plan.The City shall determine whether compliance
with the Woodland Preservation Plan has been met.
City of Scandia Development Code,Chapter 2 Page 2-58
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
3.12 Screening and Landscaping
(1) Purpose and Obj ectives. The preservation of existing trees and vegetation as well as the
planting of new trees and vegetation, can significantly add to the quality of the physical
environment of the community.This Chapter provides for the health, safety, and welfare of
the residents of the City of Scandia and is intended to:
• Promote the reestablishment of vegetation in developed areas for aesthetic,health,and
wildlife reasons;
• Establish and enhance a pleasant visual character which recognizes aesthetics and safety
issues;
• Promote compatibility between land uses by reducing the visual,noise, and lighting
impacts of specific development on users of the site and abutting uses;
• Unify development, and enhance and define public and private spaces;
• Promote the retention and use of existing vegetation;
• Aid in energy conservation by providing shade from the sun and shelter from the wind;
• Reduce flooding and erosion by stabilizing soils with trees and vegetation.
(2) Landscaping Plan.
A landscaping plan shall be submitted at the time of site plan/preliminary plat review for any:
(A) Major residential subdivision, or new development or new building construction in
any commercial, industrial,public/institutional or planned unit development.
(B) Modification or expansion of a commercial or industrial building or improvements to
a site,and/or when there is a change in land use plan or zoning. Landscaping
requirements shall be applied to those portions of the site that are directly affected by
the proposed improvements, or change in land use,as deternuned by the Zoning
Administratar. In all cases appropriate screening and buffering shall be provided for
the entire site.
(3) General Plan Requirements.
Landscape plans shall be prepared by a landscape architect or other qualified person
acceptable to the Zoning Administrator and shall include information as required by the
Chapter 1, Section 11 of this Development Code, including a Woodland Preservation Plan as
per Section 3.11 of this Chapter as applicable.
(4) Design Standards and Guidelines.
All landscape plans shall adhere to the following:
(A) Design Guidelines. Landscape plans shall be reviewed for compatibility with the
Scandia Architectural Design Guidelines,as applicable.
City of Scandia Development Code,Chapter 2 Page 2-59
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(B) Landscaped Areas. All open areas of a lot which are not used or improved for required
parking areas, drives or storage shall be landscaped with a combination of over-story
trees,under-story trees,coniferous trees, shrubs, flowers and ground cover materials.
The City strongly encourages landscape plans that reflect the natural landscape.
(C) Number of trees.The minimum number of major or over-story trees on any given site
shall be as indicated below. These are the minimum substantial plantings, in addition
to other under-story trees, shrubs, flowers and ground cover deemed appropriate for a
complete quality landscape treatment of the site. The planting location of the required
trees is flexible in order to accommodate various landscape designs. The required
number of trees may be reduced by the City Council if the landscape plan reflects the
natural landscape.
Single-Family Residential-5 trees for each dwelling unit;
Multiple-Family Residential-5 trees for each dwelling unit;
Commercial/Industrial -the greater of: one(1) tree per 1,000 square feet of gross
building floor area or 10 trees.
(D) Site Ground Cover. All front, side or rear yards facing a right-of-way shall be treated
with a ground cover material consisting of either lawn and/or naturaUprairie grasses.
The ground cover shall be established one year from the date of occupancy.
Undisturbed areas containing existing viable natural vegetation that can be maintained
free of foreign and noxious plant materials shall satisfy this requirement.
(E) Building Ground Cover. A minimum five-foot strip from building walls facing a
public right-of-way shall be treated with decorative ground cover and/or foundation
plantings, except for garage/loading and pedestrian access areas.
(F) Minimum Planting Size. The complement of trees fulfilling the requirements of this
ordinance shall be of a variety of age classes. Sizes of over-and under-story trees are
based on the diameter of the tree 6 inches above the ground.
Required
Planting Material %of Tree Type Size Required
Over-story Trees 50% 2 '/z inches
50% 1 '/z inches
Under-story Trees 50% 1 '/z inches
50% 1 inch
Coniferous Trees 4 feet in height
Tall Shrubs or Hedge 3 feet
Low Shrubs 5 gallon
City of Scandia Development Code,Chapter 2 Page 2-60
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(G) Species. The following is a list of recommended plant materials(* trees marked with
an asterisk are probably native to the Scandia area):
Conifers Deciduous Deciduous
Red Pine * Sugar Maple *Canada Plum
*White Pine *Black Maple *American Elm
*Jack Pine *Red Maple * Slippery Elm
Northern White Cedar * Silver Maple *Rock Elm
Eastern Red Cedar *Mountain Maple *Paper Birch
*Tamarack *Nannyberry Yellow Birch
Black Spruce Wahoo * Ironwood
White Spruce Honeylocust *Blue-Beech
Canadian Hemlock *Bitternut Hickory * Speckled Alder
Balsam Fir Shagbark Hickory * American Basswood
*Black Walnut * Black Willow
*Butternut Peachleaf Willow
American Mountain Ash *Pussy Willow
Showy Mountain Ash *Bebb Willow
* Staghorn Sumac * Sandbar Willow
* Smooth Sumac * Shining Willow
*Bur Oak * Heartleaf Willow
*White Oak * Black Cherry
Swamp White Oak * Chokecherry
Chinkapin Oak * Pin Cherry
*Hackberry * Balsam Poplar
*Northern Red Oak * Bigtooth Aspen
*Black Oak * Trembling Aspen
*Northern Pin Oak * Eastern Cottonwood
Red Mulberry * Alternate-Leaf Dogwood
*Hawthorn * Downy Serviceberry
*Prairie Crabapple * Roundleaf Serviceberry
* American Plum Saskatoon Serviceberry
1. The complement of trees fulfilling the requirements of this ordinance shall be not
less than 25 percent deciduous and not less than 25 percent coniferous,unless the
proposed plantings are designed to create a natural setting and it is approved by the
City Council. Single-family development is exempt from this requirement.
2. No required tree shall be any of the following:
•A species of the genus Ulmus(elm), except those elms bred to be immune to
Dutch Elm disease;
•Box Elder;
•Female Cottonwood;
•A species of the genus Populous(poplar);
�A species of the genus Fraxinus(ash); or
•Female ginko.
City of Scandia Development Code,Chapter 2 Page 2-61
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(H) Parking Lots/Planting Islands. All automobile parking lots designed for fifteen or
more parking spaces shall provide landscaping areas dispersed throughout the parking
lot, in order to avoid the undesirable monotony,heat and wind associated with large
parking areas. Parking lots with less than 15 spaces shall not be required to provide
landscaping other than yard area and buffer landscaping requirements as specified in
other sections of this ordinance.
1. Plant Materials-At least one over-story/shade tree shall be provided for each 15
parking spaces. Ornamental trees, shrubs,hedges and other plant materials may be
used to supplement the shade trees,but shall not be the sole contribution to such
landscaping.
2. Additional perimeter plantings may be used to satisfy this requirement in parking
facilities less than sixty feet in width.
(1) Slopes and Berms. Final slopes of greater than 3:1 will not be permitted without
special treatment such as terracing or retaining walls. All berms shall incorporate trees
and other plantings into the design. In no situation shall berms be used as the sole
means of screening.
(J) Landscape Guarantee. A financial guarantee shall be submitted as provided by
Chapter 1, Section 11.10.
(5) Screening and Buffering
. ��.
(A) Screening shall be required:
1. When any nonresidential, commercial or industrial off-street parking area contains
more than four(4)parking spaces and is within thirty(30) feet of a parcel in
residential use.
2. When a driveway to a nonresidential parking area of more than six(6)parking
spaces is within fifteen(15) feet of a parcel in residential use.
3. Where any business or industrial use(structure,parking or storage) is adjacent to
�� ro ert in residential use,that business or indust shall rovide screenin alon
P P Y rY P g g
the boundary of the residential property. Screening shall also be provided where a
� business,parking lot ar industry is across the street from a residential use,but not
on the side of a business or industry considered to be the front.
4. Where any lot within an Open Space Conservation Subdivision is closer than 500
feet to a collector or minor arterial road or State road and does not have natural
screening from either existing topography or vegetation.
5. Performance Standards. The screening required in this section shall consist of earth
mounds,berms or ground forms; fences and walls; landscaping(plant materials) or
landscaped fixtures(such as timbers) used in combination or singularly so as to
block direct visual access to an object. Required screening for parking areas shall
be not less than four(4) feet in height.
City of Scandia Devclopment Code,Chapter 2 Page 2-62
-
DRAF'T July 22,2010 Chapter Two 0 Zoning Regulations
3.13 Signs
(1) Applicability. The regulations contained herein do not apply to signs painted, attached by
adhesive or otherwise attached directly to or visible through windows and glass portions of
doors.
(2) Permit Required. Except as otherwise provided in this Development Code, no sign shall be
erected,constructed, altered,rebuilt or relocated until an Administrative Permit or Conditional
use permit as may be required for the sign has been issued. Application for a permit shall be
accompanied by the established fee.No pernut will be required under this Development Code
for the following signs:
(A) Real estate sale signs under nine(9) square feet in area.
�,.
(B) Political signs.
(C) Warning signs that do not exceed nine(9) square feet in area.
If the work authorized under a sign permit has not been completed within six(6)months after
the date of issuance,the permit shall become null and void.
(3) Signs by Conditional Use Permit. Where a use is permitted in a zoning district by Conditional
Use Permit,the sign for that use shall require a Conditional Use Permit unless the sign is
otherwise provided for in this Chapter.
(4) General Standards.
(A) Signs shall be reviewed for compatibility with the Scandia Architectural Design
Guidelines, as applicable.
(B) No sign may be erected that, by reason of position, shape,movement,color or any
other characteristic, interferes with the proper functioning of a traffic sign or signal or
otherwise constitutes a traffic hazard; nor shall signs be permitted which would
otherwise interfere with traffic control.
(C) All signs,other than public utility warning signs,are prohibited within a public right
of way.
(D) Political signs of any size and number are allowed in any district, on private property,
with the consent of the owner of the property. Such signs may be posted from forty-six
(46)days prior to the election and shall be removed ten(10)days after the election.
(E) Illuminated signs shall be diffused or indirect so as not to direct rays of lighting onto
any public right-of-way.No illuminated signs or their support structures shall be
located closer than twenty five(25) feet to any roadway surface or closer than ten(10)
feet to a road right of way line,notwithstanding more restrictive portions of this
section.
(F) Flashing signs shall be prohibited. Signs giving off intermittent,rotating, or direct
light,which may be confused with traffic,aviation, or emergency signaling,are also
prohibited.
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(G) Real estate sales signs may be placed in any yard providing such signs are not closer
than 10 feet to any property line.
(H) Real estate development project sales signs may be erected for the purpose of selling
or promoting a single family or multiple family residential project.The plat of the
development shall be recorded with the Washington County Recorder prior to the
erection of a sign. Signs are subject to the following standards.
1. Such signs shall not exceed one hundred(100) square feet in area.
2. Only one(1) such sign shall be erected on each road frontage with a maximum of
three(3) such signs per project.
3. Such signs shall be removed when the project is eighty percent(80%)completed,
sold orleased.
4. Such sign shall be located on the property which is for sale. Off-site development
project signs are prohibited.
(I) One development identification sign shall be allowed for each street entrance to a
development. The sign shall not exceed thirty-two(32) square feet per surface and no
sign shall have more than two surfaces. The sign shall not exceed eight(8)feet in
height.
(J) Signs shall not be painted directly on the outside wall of a building. Signs shall not be
painted on a fence,tree, stone or other similar object in any district.
(K) Roof signs are prohibited in all districts.
(L) All signs and displays using electric power shall have a cutoff switch on the outside of
the sign and on the outside of the building or structure to which the sign is attached.
No electrically illuminated signs shall be permitted in the Agriculture District-Core(
AG-C),Agriculture Preserves (AP),General Rural (GR) and Village Neighborhood
(VN) districts.
(M) Advertising signs are prohibited in all districts except for the following signs:
1. Signs advertising the sale of agricultural produce grown on the advertiser's
property shall be permitted after issuance of an Administrative Permit.No more
than three signs advertising the same location are permitted. No more than 135
sign days(each day that one sign is utilized) shall be allowed in one year. All signs
shall be installed on posts placed in the ground. No portable signs shall be
permitted.No sign shall exceed ten(10) square feet in area.
2. Signs advertising a community event shall be permitted after issuance of an
Administrative Permit for a period of no more than ten days preceding the event
and ending on the day after the event.No more than three signs advertising the
same event are permitted.
3. Signs advertising a garage, lawn or similar sale occurring on a property in
agricultural or residential use shall be permitted after issuance of an Administrative
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Permit. Such signs shall not exceed four(4) square feet and shall be removed not
later than four(4) days after it is erected.
4. A temporary off-site real estate open house directional sign advertising the sale of
residential real property is allowed with the consent of the property owner on
whose property the sign is placed. Such sign shall be promptly removed at the
completion of the open house and no later than 6:00 p.m. on the same day.
5. Temporary off-site real estate directional signs are allowed,but shall be limited to
two square feet and shall include the name and telephone number of the person or
company responsible for the signs. Such signs shall be promptly removed upon the
sale of the property. Temporary"Parade of Homes" signs shall be allowed only
during those periods in each year when the"Parade of Homes"event is being
conducted. Such signs shall be erected not earlier than the first day of such event
and shall be removed on the final day of such event.
(N) Multi-faced signs shall not exceed two(2)times the allowed square footage of single
faced signs.
(0) Except for more restrictive parts of this Chapter, no sign that exceeds one hundred
(100) square feet in area shall be erected or maintained:
1. Which would prevent any traveler on any road from obtaining a clear view of
approaching vehicles on the same road for a distance of five hundred(500) feet.
2. Which would be closer than one thousand three hundred fifty(1,350)feet to a
national, state or local park, or historic site.
3. Which would partly or totally obstruct the view of a lake, river,rocks,wooded,
area, stream or other point of natural and scenic beauty.
(P) Any sign for which no pernut has been issued shall be taken down and removed by the
owner,agent or person having the beneficial use of the building,or land upon which
the sign may be found within thirty(30)days after written notice from the Zoning
�' Administrator.
(Q) Any sign which becomes structurally unsafe or endangers the safety of a building ar
premises or endangers the public safety, shall be taken down and removed or
structurally improved by the owner, agent or person having the beneficial use of the
building, structure or land upon which the sign is located within ten(10)days after
written notification from the Zoning Administrator.
(R) If the work authorized under a sign permit has not been completed within six(6)
months after the date of issuance,the permit shall become null and void.
(5) Signs in Agriculture—Core(AG-C),Agriculture Preserves (AP),General Rural (GR) and
Village Neighborhood(VN) Districts. Identification,real estate sales,development
identification,advertising signs as permitted in Section 9.13(4)(L) and political signs are the
only signs permitted in agricultural and residential districts.
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(A) No sign shall be so constructed as to have more than two (2) surfaces.
(B) One(1)of each of the permitted type signs and one(1)political sign for each
candidate will be permitted.
(C) No sign shall exceed thirty-two (32) square feet in size.
(D) The top of the display shall not exceed ten(10) feet above grade.
(E) Any sign over two (2) square feet shall be setback at least ten(10) feet from any
property line. In no case shall any part of the sign be closer than two(2) feet to a
vertical line drawn at the property line.
(6) Signs in Village Mixed Use-A(VMU-A),Village Mixed Use—B(VMU-B),Rural
Commercial (R-COMM) and Industrial Park(IP) districts.
(A) Business,political, advertising signs as permitted in Section 9.13(4)(L),development
identification and real estate sales signs are permitted.
(B) Number of each type of sign allowed per lot frontage:
1. One(1)real estate sales sign;
2. One(1)political sign for each candidate; and �'�
3. One(1) freestanding monument business sign and one(1)business sign attached to
the building.
(C) Except as provided herein,the total square footage of sign area for each lot shall not
exceed one(1) square feet of sign area for each lineal foot of building front.No sign
shall exceed two hundred(200) square feet in area. Each real estate sales sign or
political sign shall not exceed thirty five(35) square feet in area.
(D) The top of a monument sign shall not exceed fifteen(15) feet above the average grade.
(E) Any sign over six (6) square feet shall be setback at least ten(10) feet from any
property line. In no case shall any part of a sign be closer than two (2)feet to a vertical
line drawn at the property line.
(7) Signs in Planned Unit Developments or Uses Requiring a Conditional Use Pernut.
(A) The type,number, size,height and setback of signs shall be as specifically authorized
by terms of the conditional use permit. To the extent feasible and practicable, signs
shall be regulated in a manner similar to that in the use district most appropriate to the
principal use involved.
(8) Shopping Center Signs.
(A) Shopping Centers or buildings containing more than one(1)tenant are allowed one(1)
monument sign which may contain the names of all businesses in the project.
Individual businesses may be identified by way of signs attached to the building. The
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total square footage of sign area may not exceed the limits set forth in Section 6(C)
above.
(B) Signs shall in no case project from a building or structure to any point within two(2)
feet of a line drawn perpendicularly upward from a curb line. No projecting sign shall
be less than nine(9) feet above the sidewalk or the ground level. All projecting signs
for which a permit is required shall be constructed entirely of fire resistant material.
(9) Home Occupations. Any home occupation permitted under Section 4.10 of this Chapter shall
be allowed a sign no greater than nine(9) square feet in size.
3.14 Building Type and Materials
=�.
(1) General Standards
(A) Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely impact the
community's public health, safety,and general welfare.
(B) Except for agricultural buildings,no galvanized or unfinished steel or unfinished
aluminum buildings (walls or roofs), except those specifically intended to have a
corrosive designed finish such as corten steel,or flat,unpainted concrete block shall
be permitted in any zoning district,for walls or roofs.
(C) Except for agricultural buildings and/or as otherwise approved by the City Council,
exterior building finishes shall consist of materials comparable in grade and quality to
the following, unless otherwise provided by this Chapter:
1. Brick
� ,�
2. Natural stone
3. Decorative concrete block or professionally designed pre-cast concrete units if the
surfaces have been integrally treated with an applied decorative material or texture,
or decorative block and if incorporated in a building design that is compatible with
other development throughout the district.
4. Wood, vinyl, steel or aluminum lap siding provided the surfaces are finished for
exterior use and proven to have exterior durability, such as cedar,redwood,and
cypress.
5. Stucco,cementitous coating.
6. Architectural metal panels for roofing and accents only.
(2) Architectural Design Guidelines
(A) Architectural design and materials for new commercial,office, institutional and multi-
family residential structures, or for exterior alterations of such structures,shall comply
with the Scandia Architectural Design Guidelines.
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(B) Architectural design and materials for new industrial structures that are adjacent to
historic structures or which are highly visible from collector or arterial roadways, shall
comply with the Scandia Architectural Design Guidelines to the extent feasible
depending upon the function of the structure.
(C) Design Review.
1. Design review will occur concurrently with the application for any Building
Permit,Variance,Conditional Use Permit,Administrative Permit, Site Plan
Review, Planned Unit Development or other permit(s)as may be required by this
Chapter.
2. The Planning Commission shall provide recommendations to the City Council on
any project referred to it for review which is subject to the Design Guidelines. The
Commission may consultant with staff,consultants or other experts or resources as
appropriate to the project. The City Council has final authority to interpret the
Guidelines.
(3) Residential Accessory Structures '� �
(A) Accessory buildings on parcels less than twenty(20.0)acres in size shall provide a
minimum one-foot overhang on all sides of the building with finished soffits except
when the building is accessory to a principal residential home constructed with no or
minimal overhang in which case the overhang of the accessory building shall match
the overhang of the residential building.
(B) All accessory buildings on parcels of four(4)acres or less, excluding road right-of-
way, shall resemble, in style, materials,color,roofline,and siding type,the principal
building on the lot,except the following building types may vary from this standard:
1. Accessory Buildings 120 sq. ft. or less in size;
2. Greenhouses;
� 3. Gazebos and decorative shelters•
�k` ,
4. Historic buildings
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SECTION 4.0 STANDARDS FOR USES
4.1 A�plication. 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 Accessory Apartments. An accessory apartment shall 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 permit was issued have not changed.
4.3 A�ricultural Business—Seasonal. Seasonal agricultural businesses shall comply with all of the
following standards.
(1) The majority 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 shall be removed at the end of
the selling season.The size of the temporary structure shall not exceed 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 they are located.
4.4 Bed and Breakfast. Bed and breakfast facilities shall comply with all of the following requirements:
(1) It is intended that a bed and breakfast facility 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.
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(5) Activities including luncheons,banquets,parties, weddings,meetings, charitable fund raising,
commercial or advertising activities, or other gatherings for direct or 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 shall 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,columbaria and buildings operated in connection
with a cemetery shall meet the building setbacks and structure height requirements of the
zoning district.
(4) Graves and structures used for interment shall be setback 50 feet from wells.
4.6 Essential Services-Utilitv Substation.The essential service shall comply with all of the following
standards.
(1) Notwithstanding the prohibition against two or more uses on an individual parcel,the lot area
for essential service-utility substation can be acquired by lease provided,however,the lot shall
be large enough so all structures/facilities comply with the required setbacks for 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 shall 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 for a conditional use permit.
(B) Starage 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 for the
development of a golf course facility.
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4.8 Golf Driving Ran�A golf driving range shall 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.
(2) No lighting is allowed except for security lighting.
(3) A 150 foot setback from all property lines to the outer boundaries of the driving range fairway
is required.
(4) A maximum of 25 hitting tees are pernutted.
(5) Miniature golf holes or any other amusement type activities are prohibited.
(6) Access shall be from a collector or arterial street.
(7) 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.
(8) A public address system is prohibited. �
(9) No liquor license will be permitted.
(10) 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.
(11) Sanitary facilities shall be provided in accordance with applicable regulations.
(12) There shall be no food preparation on site.
(13) The facility is to be open-air type facility. A domed or any other type of covered facility is
prohibited.
4.9 Government Uses, Buildin�s and Stora e�. Government uses,buildings and storage shall comply
with all of the following standards:
(1) Structures shall be setback in accordance with the required setbacks of the zoning district.
(2) The site shall be landscaped to screen the facility from view from property lines and road.
4.10 Home Occupations. A home occupation shall 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.
(3) Any sign associated with the home occupation shall be in compliance with all regulations for
signs as provided by this Chapter.
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(4) The home occupation shall not generate 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 storage 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 or change the exterior character or appearance of the property
4.11 Horse Training Facilities.
(1) All private and commercial horse training facilities shall 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.
(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 shall meet the animal density per acre and livestock
operation requirements of this Chapter.
(2) Commercial horse training facilities shall 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 shall 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 shall provide information on
traffic volume, number of participants, sanitary service, and human and animal waste
disposal. All events shall comply with any applicable licensing or permitting
requirements for special events
(D) A manure management plan may be required.
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4.12 Keeping of Animals
(1) 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 ar exotic animals is prohibited in all zoning districts.
4.13 Kennels-Commercial. Commercial kennels shall 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 shall 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 Assemblv. Light Manufacturing and assembly facilities shall 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 shall be located to the rear of the building.
(B) The exterior storage area shall 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.
(B) Retail sales use shall not occupy more than twenty(20)percent of the light
manufacturing building.
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(C) All overhead doors,and loading and unloading areas to the facility shall be located on
the 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 shall 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.
�.
Tlie keeping of livestock in greater density than allowed as stated above shall require
�
an interin�use permit. To obtain such permit,the applicant shall 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.
2. A minimum of one(1)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)may be
kept on one(1)acre of land.
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(2) Feedlots
(A) Required Setbacks. The following shall be the minimum setback requirements for
feedlots.
1. Parks, excluding trails 100 feet
2. DNR protected stream or lake 100 feet
3. Wetlands 100 feet
4. Private Well 100 feet
(B) A manure management plan shall be required.
(C) 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 or 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 ar 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.
4.18 Motor Vehicle Repair. Motor vehicle repair establishments shall comply with all of the following
standards.
(1) A drainage system for collection of any hazardous material run-off shall be installed. Such
system shall be subject to approval by the Zoning Administrator.
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(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. Starage of salvage vehicles
shall be prohibited.
(4) All areas utilized for the storage 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 shall 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 shall 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 fuel 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 pernut. Storage of salvage vehicles
shall be prohibited.
(8) Exterior storage 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 pertnit.
(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.
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(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 Multifamil�Residential Developments. All multifamily residential developments shall meet the
following standards.
(1) The number of dwelling units shall not exceed the maximum density for the zoning district in
which the development is located.
(2) If the area is not served by public sewer and public water,the development shall 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.
(3) 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 a 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.
4.21 Residential Facilities, State-Licensed.
(1) All appropriate licenses shall 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 facility serving 7 to 16 individuals,the following standards shall be
met.
(A) Off-street parking standards of this Development Code shall be met.
(B) Adequate utilities including sewage disposal shall be available.
(C) State-licensed residential facilities shall not be closer than 1,000 feet to each other.
(D) The city may impose additional conditions related to landscaping, access, security,
sanitary sewer and admission policies if deemed necessary.
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4.22 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.
E
(D) Restaurant and lounge.
(2) Performance Standards. Resorts/conference facilities shall 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 pertnanent 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 or screening. Architecturally,the structures shall blend in with the
natural environment.
4.23 Self Service Stora�e Facility�Mini-Storage)• Self-service storage facilities shall comply with all of
the following standards.
(1) 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 hazardous material is
prohibited.
(2) Interior drives shall be wide enough to accommodate a parked car and traffic that must pass.
(3) No outside storage is allowed.
(4) A living unit for an on-site manager may be allowed provided adequate sanitary facilities are
provided and all requirements of the Building Code are met.
(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.
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4.24 Shoppin�Centers. Shopping Centers shall 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 shall have direct access to an arterial or collector street as designated in the
Comprehensive Plan.
4.25 Swimming Pools
(1) Required Permits. A building permit shall be required for any swimming pool with a capacity
of over three thousand (3,000) gallons or 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.
(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.
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(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.
4.26 Temporarv Dwelling Unit—Care Facilit�Temporary dwelling units shall comply with all of the
following requirements.
(1) The property is limited to one temparary 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 fainily 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 shall 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 ternunation of the interim use permit. The amount of
the guarantee shall be determined by the Zoning Administrator.
(6) Ternunation 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 interim use permit,the
temporary dwelling shall be removed from the premises or converted to another confornung
use within thirty(30)days.
4.27 Temporarv Dwelling Unit During Construction. Temporary dwelling units shall comply with all of
the following requirements.
(1) The property is limited to one temporary dwelling unit during construction.
(2) The dwelling may be occupied only by persons who are the present or potential occupants of
the single-family residence being constructed,reconstructed or altered.
(3) An interim use permit for the temporary dwelling may be issued only after the building permit
has been obtained for the proposed construction.
(4) The temporary dwelling unit shall use the existing or the proposed road access drive of the
principal dwelling unit under construction.
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DRAF'T July 22,2010 Chapter Two 0 Zoning Regulations
(5) The unit shall be connected to an approved on-site waste disposal system.
(6) The property owner shall submit a financial guarantee to the Zoning Administrator to ensure
that the structure will be removed upon termination of the interim use permit.The amount of
the guarantee shall be determined by the Zoning Administrator.
(7) Ternunation of Permit. The interim use permit shall expire when construction is completed or
within one hundred and eighty days from the date of issuance,whichever is less. At the
termination of the interim use permit,the temporary dwelling shall be removed from the
premises within thirty(30)days.
4.28 Temporarv Farm Dwellin�Temporary farm dwellings shall comply with all of the following
standards.
(1) The temporary farm dwelling is an accessory use to the principal dwelling and may only be
located on a farm of at least 75 acres in size.
.�
(2) The property is limited to one temporary farm dwelling unit. `��
(3) The structure is subject to the same zoning dimensional setbacks as the principal dwelling
unit.The structure shall not be located closer to the road right of way than the principal
building. The structure shall be located to the side or rear of the principal building and shall be
screened from view of the road right of way.
(4) The dwelling may be occupied only by persons who are engaged in the occupation of farnung
on the premises as partners,employees or other business associates of the persons living in the
principal dwelling house on the premises; and who earn fifty(50%)or more of their annual
gross income for federal income tax purposes from such farming on the premises.
(5) The temporary farm dwelling unit shall use the existing road access drive of the principal
dwelling unit.
(6) The unit shall be connected to an approved on-site waste disposal system.
(7) The property owner shall submit a financial guarantee to the Zoning Administrator to ensure
that the structure will be removed upon termination of the interim use permit.The amount of
the guarantee shall be determined by the Zoning Administrator
(8) Termination of Permit. The interim use permit shall expire at such time as the persons
occupying the structure are no longer engaged in farming as required by paragraph(4),above,
or the farm has been reduced to less than 75 acres in size,or such earlier date as may 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.
4.29 Warehousing and Distribution. Warehousing and distribution facilities shall 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 shall be located to the rear of the building.
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(B) The exterior storage area shall be fenced and screened from view of the public right-
of-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 more 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-
of-way and State,County and City roadways.
(4) Landscaping and screening shall be provided according to the requirements of this Chapter.
4.30 Wind Ene�,v Conversion Svstems(WECS). Wind energy conversion systems shall comply with the
following standards:
(1) The parcel on which a wind energy conversion system is proposed to be located shall 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) Rotars shall not exceed 26 feet in diameter and shall
have a clearance of 30 feet over any tree or structure Rotor Dlame[er
within the parcel where it is located. —'
(8) Each wind energy conversion system shall be
equipped with both a manual and automatic breaking �,ea,a„�eZo„e
device capable of stopping the wind energy A�'°"e''�s o`S""""`e�
conversion system in high winds(40 MPH or
greater).
on °� ' �o
(9) All State,County,and local noise standards shall be o� �o
met. Applicable electrical permits/inspections shall
be obtained.
WECS STANDARDS
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(10) To prevent unauthorized climbing,wind energy conversion system towers shall comply with
one of the following provisions:
(A) The 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.
(11) The color of the structure shall be either gray or off-white.
(12) In the event of permit revocation or if the wind energy conversion system is no longer used,
the wind energy conversion system shall be removed and the site restored to its original
condition within 120 days.
`�
4.31 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 Chapter 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.
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:
City of Scandia Development Code,Chapter 2 Page 2-83
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
1. Household radio,television and short-wave radio receiving antenna(s), or tower(s)
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 the adoption of this Chapter
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 Chapter.
(4) Variance.
(A) A variance from any requirement of this section 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 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 Permit and Revocation.
(A) A conditional use permit for towers requiring a conditional use pernut 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
3. The facility is no longer in use and has not been in use for the previous 12 months.
(6) Other Requirements.
City of Scandia Development Code,Chapter 2 Page 2-84
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DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(A) All rules and regulations of the FCC and FAA shall be met and complied with. All
antennas used for 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 shall 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 shall 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 pernutted 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 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.
City of Scandia Development Code,Chapter 2 Page 2-85
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
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, extending 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
�u
�
'�� 3. on a tower whose application for a 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,
county or city park identified in the Washington County Park Master Plan or 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 &om the
centerline of State Highways 95 and 97 and County Roads 3,4, 15 and 52,unless it
Ciry of Scandia Development Code,Chapter 2 Page 2-86
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
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(1/4)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 Sherif£ 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 ar 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 section
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.
(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
City oF Scandia Development Code,Chapter 2 Page 2-87
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
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) Self-supporting towers(i.e.those without the use of wires,cables,beams or other
means of support) are required. In all zoning districts,monopole towers and/or towers
of stealth construction are required.
(H) Associated receiving/transmitting or switching equipment shall 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 or shall be enclosed by a six(6) feet high chain link
fence with a locked gate.
(M) Antenna and tower owners may be required to conduct an annual inspection of their
facilities to insure continuing compliance with this section. A copy of the annual
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 section or in Chapter 1 of
City of Scandia Development Code,Chapter 2 Page 2-88
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
this Development Code,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 tbe 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 shall 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 13.37 shall be classified as non-public
data.
(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.
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(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 pernutted 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) All amateur radio towers shall be installed in accardance 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.
4.32 Yard Waste Facilities. A yard waste facility shall comply with all of the following standards:
(1) The minimum lot area required for yard waste facilities is ten(10) acres.
(2) Composting, storage,transfer, loading and processing activities shall be set back as follows:
(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 shall be screened from view from all adjacent properties and
roadways according to the landscaping and screening requirements of this Chapter.
City of Scandia Development Code,Chapter 2 Page 2-90
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(4) Access to the site shall be controlled to prevent unauthorized dumping during non-business
hours.
(5) A plan for collection,retention and drainage of storm water shall be provided for review and
approval. The storm water facilities shall meet current National Pollutant Discharge
Elimination System requirements and employ Minnesota Pollution Control Agency's best
management practices.
(6) The materials which can be processed are limited to garden waste, leaves, lawn cuttings,
weeds, shrub and tree waste and prunings.
(7) The operator shall,upon request,provide information to the City specifying the volume of
waste brought onto the property for processing or composting
(8) The operator shall provide sufficient equipment to properly manage the composting and
processing activities. 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.
(9) The operator shall provide plans showing all equipment maintenance and storage areas. Plans
shall show the location of all fuel starage facilities,hazardous material storage and hazardous
waste disposal.
(10) The decomposition process shall be properly managed and maintained in an aerobic condition
to prevent all unnecessary odors. The yard waste shall 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 shall contain no sharp objects
greater than one inch in diameter.
(11) Composting,processing and trucking activities shall be conducted only between the hours of
7:00 am and 5:00 PM,Monday through Friday,unless other hours or days of operation are
specifically authorized by the City Council. Retail sales are allowed Monday through Friday
between the hours of 7:00 AM and 7:00 PM and on Saturdays between the 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.
(12) 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 minimum of once per week.
(13) Woodchips, sawdust and composted materials shall be processed,kept and maintained in a
manner that does not permit ignition by spontaneous combustion.
(14) By-products, including residuals and recyclables, shall be stored in a manner that prevents
vermin problems and aesthetic degradation. Materials that are not composted or processed
shall be stored and removed a minimum of once per week.
(15) The owner shall maintain the site so that it is free of litter and other nuisances.
City of Scandia Development Code,Chapter 2 Page 2-91
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(16) An attendant shall be on site during operating hours.
(17) The open burning and/or burying of waste is prohibited.
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City of Scandia Development Code,Chapter 2 Page 2-92
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
SECTION 5.0 LAND DEVELOPMENT
5.1 Land Development Design. Four types of land development are permitted,to provide flexibility for
landowners and to help the City achieve the goals in the Comprehensive Plan.The four types of
subdivision design are: 1)conventional subdivision, 2) lot averaging, 3)Open Space Conservation
Subdivision(OSCS), and 4)Planned Unit Development(PUD).
(1) This Section does not apply to land located in the Lower St. Croix River Bluffland and
Shoreland Management District. The development of land within the Lower St. Croix River
Bluffland and Shoreland Management District shall be determined in accordance with the
regulations of that district.
(2) The following table summarizes the four types of land development, and indicates the districts
where each is permitted in the City:
Subdivision Desi n T e AG C AP GR VN VMU A VMU B IP R COMM
Conventional X X X X X X X X
Lot Averaging X X X
Open Space Conservation X X
Planned Unit Development X X X
(3) Conventional Subdivision: divides property into lots according to the density,minimum lot
size and minimum lot width requirements for the zoning district.
Example: ■ ■ � �
Conventional
Subdivision in
Agricultural
Core(AG C):4
units per
40 acres
(4) Lot Avera�: allows the property owner to create parcels smaller than those of a
conventional subdivision,provided the density of the development does not exceed the
maximum density permitted for the zoning district and the density that can be achieved with a
yield plan.
Example:Lot ■ ■
Averaging in
Agricultural Core ■ �
(AG C):4 units
per 40 acres �
City of Scandia Development Code,Chapter 2 Page 2-93
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(5) Open Space Conservation Subdivision: allows the property owner to create parcels smaller
than conventional subdivisions; however,the development shall comply with certain design
standards and a portion of the property shall remain as common open space. Additional
density units may be allowed if certain criteria are met.
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Example:Open Space .n�
Conservation Subdivision in . .� �- � �..I�.-��oH
General Rura[(GR) , „ . .• � ..� ��,�.r
District:55%or more of the �. . • • • � ��
subdivision is permanently ^,�„r,�,.r� " � �-�-
preserved in a
Conservation Easement
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(6) Planned Unit Development: allows the property owner to have two or more principal uses on a
single parcel of land and allows some flexibility from the strict application of zoning standards
in exchange for an improved design benefiting the public. When zoning standards are
modified,a specific development plan shall be approved.
PUD Example 1:Mixed PUD Example 2: Conference
Commercial PUD Center/Residential PUD
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5.2 Determination of Densitv Units
For the purposes of developing land for residential development,the number of density units for any
proposed development shall be determined by applying the following steps:
(1) The maximum number of density units for the project area shall be calculated by dividing the
project area in acres by the maximum density for the district.
(2) In order to determine the allowable number of density units,the applicant shall create a yield
plan drawn to scale showing the maximum number of lots that would be permitted using the
performance standards for lots in a conventional subdivision that is designed in accordance
with the applicable sections of the development code and Comprehensive Plan.The applicant
shall submit the yield plan to the Zoning Administrator for review. If, after determining the
City of Scandia Development Code,Chapter 2 Page 2-94
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
maximum number of lots in a conventional subdivision,a lot could be created that meets 80
percent of the minimum lot size and otherwise meets all other lot requirements for the zoning
district,then that lot shall be considered as one lot for density computation purposes.
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Example:Original parcel size is 39 areas in the
l0 {v 10 q Agricultural Care District, where minimum lot size is
hG IwG /,G hG 10 acres. Yield plan indicates 3-10 acre lots,and 9
nine-acre lot,which is greater than 80 percent of the
minimum lot siZe.
(3) The City may grant bonus density units,under the Open Space Conservation Design
performance standards of this Chapter.
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5.3 Development Agreement
Development shall be restricted by a development agreement specifying the number of density units
allocated among the lots or parcels being created. The development agreement shall indicate that
the use,development and further subdivision of the parcels being created is subject to the
regulations contained in the City of Scandia Development Code. The development agreement shall
be executed by the City Council and may not be amended without the approval of the City Council.
Additional requirements of the development agreement are found in Chapter 3, Subdivision
Regulations.
5.4 Convevance of Land � ��
(1) Prior to recording a conveyance of land that is less than the whole as charged on the tax lists
maintained by the Washington County Auditor/Treasurer,the conveyance shall first be
approved by the Zoning Administrator for compliance with this Section.
City of Scandia Development Code,Chapter 2 Page 2-95
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
SECTION 6.0 OPEN SPACE CONSERVATION SUBDIVISIONS
6.1 Purpose and Goals
The purpose of Open Space Conservation Subdivisions(OSCS) is to maintain the rural character of the
City of Scandia and provide public benefits by preserving woodlands and other habitats,natural resource
corridors,agricultural land, open space and significant natural features identified in the Comprehensive
Plan; to utilize less land for development; and to allow an alternative to standard single-family residential
development in the appropriate zoning districts. The goals for OSCS include the following:
(1) Preserve large blocks of land for agricultural use and open space.
(2) Preserve natural resources as identified in the Comprehensive Plan.
(3) Preserve permanent natural habitat and vegetated corridors for the long term health of plant
and animal communities.
(4) Preserve viewsheds for scenic enjoyment and rural identity. "''�
(5) Allow innovation and greater flexibility in the design of residential developments.
(6) Provide for site development that maintains a low visual impact,particularly along arterial
roadways and abutting properties.
(7) Create cohesive neighborhoods to establish local identity and encourage community
interaction.
(8) Reduce the costs of constructing and maintaining public facilities, infrastructure and
services.
62 Annlicabilit� The OSCS standards are an altemative set of standards for residential development
within the Agriculture Core(AG C) and General Rural (GR) districts. OSCS shall be permitted
with a conditional use permit within these districts. The provisions for lot sizes and density bonuses
contained in this section are not applicable in the St. Croix River District and Shoreland Overlay
District
6.3 Annlication Procedure
(1) Pre-Application Sketch Review
(A) A pre-application sketch plan review,in accordance witb Chapter 2, Section 11.3 of
this development code, is mandatory for all OSCS developments. The sketch plan
shall be submitted to the Planning Commission and City Council for review and
comment. Any opinions or comments provided on the sketch shall be considered
advisory only and shall not constitute a binding decision.
(B) In addition to the submission requirements for sketch plan review,the applicant shall
submit one or more proposed OSCS plats including the following information drawn
at a scale of 1 inch=100 feet:
City of Scandia Development Code,Chapter 2 Page 2-96
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
1. Open space areas indicating which areas are to be protected, including a
description of the rationale behind the proposed layout and open space.
2. Number and type of housing units proposed,the number and size of lots,and a
calculation of the proposed OSCS density.
3. Areas proposed for stormwater management and on-or off-site sewage treatment.
(C) The applicant shall also meet with potential conservation easement holders in order to
be made fully aware of any procedures,policies,requirements and costs regarding
easement dedication for the proposed plat. The applicant shall report the results of this
meeting to the city as part of the application for sketch plan review.
(2) Conditional Use Permit and Preliminary Plat Application.
(A) A conditional use permit application shall be filed, in writing,with the Zoning
Administrator, in accordance with Chapter 1, Section 8 of this development code. The
conditional use permit application shall be submitted concurrently with an application
for preliminary plat, in accordance with Chapter 3 of this development code.
(B) The evaluation of the proposed conditional use permit shall be subject to the general
criteria stated in Chapter One, Section 8.4,and the determination that the OSCS meets
the goals as stated in Section 6.1, above.
(C) In addition to those submittal requirements stated elsewhere in this development code,
the following items shall be required as part of the conditional use and preliminary
plat applications for an OSCS:
1. Resource Inventory, including mapped data and text as needed,on aerial
photograph(s)at a scale of no less than one inch equals 200 feet:
2. Soil type locations and identification of soil type characteristics such as
agricultural capability, depth to bedrock, and suitability for wastewater disposal
systems.
�4 3. Existing vegetation of the site using the Minnesota Land Cover Classification
System(MLCCS)Level 5 data or higher, or a similar land cover system acceptable
to the City.
4. Location of significant natural communities and natural resource corridors,based
on the City's Comprehensive Plan, Minnesota DNR Natural Heritage Program
Maps, and similar existing mapped data.
5. Visual resources, showing views onto the tract from surrounding roads and public
areas,as well as views within the tract.
6. Cultural resources: brief description of historic character of buildings and
structures,historically important landscapes,and archeological features.
7. Context: general outlines of existing buildings, land use, and natural features such
as water bodies or wooded areas,roads and property boundaries within 500 feet of
City of Scandia Development Code,Chapter 2 Page 2-97
DRAF'T July 22,2010 Chapter Two 0 Zoning Regulations
the tract. This information may be presented on an aerial photograph at a scale of
no less than 1 inch: 400 feet.
8. Yield Plan: The applicant shall submit a"yield plan,"showing the maximum
number of dwelling units that would be permitted given the minimum lot size and
lot widths for conventional subdivisions and other requirements of the
development code and subdivision regulations,as described in Chapter 2, Section
5.1.
(3) Final Plat and Phasing Plan.
(A) Open Space Conservation Subdivisions may be phased in accordance with a unified
development plan for the entire tract. A phasing plan shall be submitted with the
application for final plat approval, in accordance with the requirements of Chapter 3 of
this development code.
(B) The phasing plan shall meet the following requirements:
1. A phasing plan identifying the sequence of development showing approximate
areas, serially numbered with a description of each phase. Information shall be
provided regarding the number of dwelling units,proposed improvements, and
common facilities for each development phase.
2. The phasing plan shall be made a part of the development agreement and is
effective for five(5)years from the date of preliminary plat approval. If final plat
approval is not received within five(5)years,the permit shall become null and
void.
3. Any common facilities, including golf courses, shall be constructed prior to the
sale of any lots and shall be clearly marked on a site map which shall be an
attachment to all sales agreements for individual lots.
4. As part of the development agreement, a financial guarantee to ensure completion
of common facilities,trails and landscaping shall be provided.
6.4 Minimum Development Size. To be eligible for Open Space Conservation Subdivision,the
development shall contain a minimum of 40 acres of land.
6.5 Land Uses. The uses allowed in an OSCS shall conform to the Comprehensive Plan and to the uses
allowed in the zoning district where the OSCS is proposed,as identified in Section 2.0 of this
development code.
6.6 Minimum Open Space Requirements
(1) Open space shall be designated as part of the development. The minimum required open
space shall be 55% of the gross acreage of the development. Of this required open space,a
minimum of 25% shall be in common ownership, accessible to and used for the benefit of
owners of lots within the development,unless the required open space will remain in
agricultural use.
(2) The required open space shall be undivided and restricted from further development
City of Scandia Development Code,Chapter 2 Page 2-98
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(3) The following areas or structures may be located within the open space area and shall be
counted toward the overall open space percentage required:
(A) Parking areas for access to and use of the open space.
(B) Buildings or structures if they are accessory to the use of the open space.
6.7 Densit�Standards
(1) Base Density. The number of density units for the parcel shall be determined in
accordance with Chapter 2, Section 5.2.
(2) Bonus Density. ���"�"����
An open space conservation subdivision that provides the minimum open space shall
receive a 25%density bonus. The number of additional bonus lots allowed is directly tied
to the quantity and quality of preservation and protection afforded natural landscapes,
agricultural land,open space, and cultural features. The maximum bonus permitted is
75%.
The number of density units may be increased by the percentage indicated below if the
development complies with one or a combination of the criteria listed. Determination of
actual bonus densities shall be based upon findings of the Planning Commission and
decision of the City Council.
(A) Preservation of or establishment of woodlands and forests as identified by the
Minnesota Land Cover Classification System, and/or protection of ecologically
sensitive features,native plants and animals and their habitat as identified by the
Minnesota County Biological Survey and the City's Comprehensive Plan—up to 25%
(B) Preservation of agricultural lands(areas currently used for agriculture)—up to 25%
(C) Creating open space accessible to the public and providing facilities such as trails or
lakeshore access,meeting a public purpose identified by the City—up to 25%
(D) Restoring native habitat or implementing open space stewardship practices as
recommended by the City's ecologist based on the ecologist's field analysis—up to
15%
(E) Preservation of historic sites,buildings and structures or cultural resources—up to15%
(F) Preservation of priority scenic views as identified by the City, especially as viewed
from public roads and property—up to 10%
(G) Creating open space that is contiguous to existing designated open space or part of
potential open space defined as areas sharing a boundary with parks,public lands,
planned parks and trails,and areas under conservation easement—up to10%
6.8 Residential Lot Requirements: Not withstanding more restrictive requirements of the zoning district
in which the OSCS is located,the following standards shall apply:
City of Scandia Development Code,Chapter 2 Page 2-99
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
Minimum Lot Size 1.5 Acres
Buildable Area 1.0 Acre
Princi le Setbacks
• Front lot line 30 feet
� Side lot line 15 feet
• Rear lot line 30 feet
Accesso Buildin Setbacks
• Side lot line 15 feet
• Rear lot line 10 feet
Maximum Lot Covera e 35% �
Maximum Buildin Hei ht 35 feet
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6.9 Ownership and Mana�ement of Open Space
(1) The uses within the open space shall be accessible to the residents of the development.
These uses may also be available to the general public providing the proper approvals are
received.
(2) The minimum open space required per this section shall be subject to a permanent
conservation easement and used for the purposes defined by this Development Code.
(3) Conservation easements for common open space areas shall be held by the Minnesota
Land Trust,or another non-profit organization acceptable to the City. The applicant shall
be required to compensate the organization holding the conservation easement for services
the organization provides to monitor and manage the easement.
(4) The designated open space and common facilities may be owned and managed by one or a
combination of the following:
(A) Homeowners' Association
(B) Non-profit Organization
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(C) The City, County or another governmental body empowered to hold interest in real
property(in accordance with Minnesota Statutes Section 84C.01-.OS)
(D) An individual who will use the land for open space purposes as provided by the
permanent conservation restrictions.
6.10 Homeowners' Associations
(1) A Homeowners'Association shall be established if open space or any common facilities
are owned by a homeowner's association. Membership in the Association is mandatory for
all purchasers of homes in the development and their successors.
(2) A Homeowners'Association Agreement, guaranteeing continuing maintenance, shall be
submitted to the city as part of the items submitted far the preliminary plat. The
Homeowners'Association documents or the declaration of covenants, conditions and
restrictions shall contain the following information:
City of Scandia Development Code,Chapter 2 Page 2-100
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(A) The legal description of the common lands or facilities;
(B) The restrictions placed upon the use and enjoyment of the lands or facilities including
the persons or entities entitled to enforce the restrictions;
(C) A mechanism for resolving disputes among the owners ar association members;
(D) A mechanism to assess and enforce the common expenses for the land or facilities
including upkeep and maintenance expenses,real estate taxes and insurance premiums.
(E) The conditions and timing of the transfer of ownership and control of land or facilities
to the Association or to common ownership;
(F) The management of collector sewage treatment systems
(G) Any other matter the developer deems appropriate.
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City of Scandia Development Code,Chapter 2 Page 2-101
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
SECTION 7.0 PLANNED UNIT DEVELOPMENT
7.1 Purpose. The purpose of a Planned Unit Development(PUD) is to provide a comprehensive
procedure that allows for more flexibility in development design than is possible under traditional
zoning and subdivision regulations. A PUD allows for two or more principal uses,or two or more
principal structures, on a single parcel of land.The intent of a PUD is to allow for:
(1) a mix of land uses;
(2) a mix of housing types;
(3) creative site design that varies from certain land use regulations and at the same time
incorporates design elements that exceed the minimum requirements of this Chapter and are in
harmony with the Scandia Architectural Design Guidelines;
(4) coordinated plans for landscaping,buildings, sidewalks or trails, and parking;
(5) preservation and enhancement of the natural environment;
(6) enhancement of community character through design consistent with historical development
patterns; and
(7) efficient use of land resulting in smaller networks of utilities and streets,thereby lowering the
City's maintenance and investment costs.
7.2 Administration. A PUD shall be permitted through the issuance of a Conditional Use Permit,
following the procedures and requirements of Chapter 1,Conditional Use Permit. A PUD that
proposes subdivision of land shall in addition follow the procedures and requirements of Chapter 3.
(1) Pre-application procedures
(A) Prior to filing the application,the applicant shall arrange for and attend a pre-
application conference with the Zoning Administrator or designated staff.The primary
purpose of the conference is for the applicant to gather information and obtain
guidance as to the general suitability of the proposal prior to incurring expenditures in
the preparation of plans, surveys,and other data.
(B) After the pre-application meeting and prior to filing the application,the applicant shall
submit a Pre-Application Sketch. The purpose of the sketch is to inform the City of the
applicant's intentions and to inform the applicant as to the general acceptability of the
proposal before extensive costs are incurred. The review process and submittal
requirements of Chapter 1, Site Plan Review, Pre-Application Sketch Review shall
apply,unless the proposal consists of land subdivision. If land subdivision is
proposed,the review process and submittal requirements of Chapter 3, Concept
Review, shall apply.
(2) Application procedures
City of Scandia Development Code,Chapter 2 Page 2-102
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
(A) The PUD application shall consist of all items required for a Conditional Use Permit
application,per Chapter 1. If land subdivision is proposed,the applicant shall also
follow the application procedure and application submittal requirements of Chapter 3.
(B) The application shall specify how the request proposes to vary from the requirements
of the Development Code.
(C) The application shall include a purpose statement identifying how it meets the Purpose
of this Section and its relationship to the Comprehensive Plan.
(D) The application shall contain a staging plan, if development is proposed in stages. The
staging plan shall indicate phasing, starting dates, and completion dates.
7.3 Districts,Uses,and Densitv.
(1) PUDs are allowed by Conditional Use Permit in the Village Neighborhood(VN),Village
Mixed Use-A, (VMU A),Village Mixed Use—B (VMU B), Industrial Park(IP)and Rural
Commercial (R COMM)Districts.
(2) All permitted uses,accessory uses,conditional uses, interim uses, or uses allowed by
administrative permit in the District shall be treated as potentially allowable uses within the
PUD.
(3) The maximum density of a PUD shall not exceed the maximum density permitted in the
District.
7.4 Standards.The City may grant variations from some of the standards of this Chapter or subdivision
standards of Chapter 3, including minimum setbacks,minimum lot sizes,minimum number of off
street parking spaces,maximum building height,maximum lot coverage, or minimum frontage, if
the variations achieve the purpose of this Section.The following standards apply.
(1) Relationship to adjacent areas.The design of a PUD shall take into account the relationship of
the site to the surrounding areas.The perimeter of the PUD shall be designed to minimize any
undesirable impact of the development on adjacent properties and,conversely,to minimize
any undesirable impact of adjacent land use and development characteristics on the PUD.
(2) Utilities. In any PUD,all utilities, including telephone,electricity, gas and cable, shall be
installed underground.
(3) Streets. All streets shall be public streets. All streets in the PUD shall conform to the specific
design standards approved as part of the PUD. If no such specific design standards have been
proposed,all streets in the PUD shall conform to the design standards contained in the
subdivision regulations.
(4) Phasing of Development. All development conducted in phases shall be carried out in
accordance with the approved staging plan. All of the developer's responsibilities for prior
phases shall be satisfied prior to commencement of activities in subsequent phases,unless
otherwise approved in the staging plan.
(5) Design Guidelines. The PUD shall comply with the Scandia Architectural Design Guidelines,
as applicable.
City of Scandia Development Code,Chapter 2 Page 2-103
DRAFT July 22,2010 Chapter Two 0 Zoning Regulations
7.5 Required Findin s�pproval. The Planning Commission shall recommend findings and the City
Council shall find the following prior to the approval of the PUD:
(1) The PUD is not in conflict with the Comprehensive Plan.
(2) The PUD meets the Purpose of a Planned Unit Development as stated in this Chapter.
(3) The PUD or phase of development thereof is of sufficient size,composition, and arrangement
that its construction, marketing, and/or operation is feasible as a complete unit without
dependence upon any other subsequent phase of development.
(4) The PUD will not create an excessive burden on parks, schools, streets and other public
facilities and utilities which serve or are proposed to serve the planned development.
(5) The PUD will not have an adverse impact on the reasonable enjoyment of the neighboring
property.
(6) The quality of the building and site design shall substantially enhance the aesthetics of the site.
(7) The PUD will create a public benefit that is greater than what would be achieved through the
strict application of the zoning and subdivision regulations.
7.6 Chan�es to Approved Development Plans.
(1) Minor changes to final development plans adopted by the City Council may be approved by
the Zoning Administrator,provided that the changes do not involve the following:
(A) Increase in floor area of structures or number of dwelling units.
(B) Change in exteriar building material.
(C) Alteration of any condition of the Conditional Use Permit.
(D) Alteration to any modification to the final plans that was specifically required by the
City Council.
(2) If any changes are proposed that do involve the changes listed above, or the proposed change
is otherwise considered by the City to be a major change to final development plans, said
changes shall require an amendment to the Conditional Use Permit.
7.7 Performance and Financial Guarantee. Following approval of the Conditional Use Pernut 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 the approved development plans and provide
financial guarantee.The guarantee shall be made by means of a site improvement performance
agreement per Chapter 1, Site Plan Review, or development agreement per Chapter 3,whichever is
deemed more appropriate by the City.
City of Scandia Development Code,Chapter 2 Page 2-104