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Agritourism Draft for 1.5.16CITY OF SCANDIA ORDINANCE NO.: 166 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, SECTION 4 RULES AND DEFINTIONS AND CHAPTER 2, ADDING SECTION 4.35 REGARDING STANDARDS FOR AGRITOURISM ENTERPRISES The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 1, Section 4 Rules and Definitions and Chapter Two, Section 4, adding Rural Event Facility, shall be amended to read as follows: CHAPTER ONE, SECTION 4.0 RULES AND DEFINITIONS 4.2 Definitions. (10) Agritourism Enterprise: A commercial or nonprofit 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. (256) Rural Event Facility: A facility that operates on a for-profit or nonprofit basis to host outdoor or indoor gatherings that do not exceed twelve (12) hours in duration. The gatherings may include, but are not limited to, events such as weddings or other ceremonies, dances, festivals, picnics or any other gathering of a similar nature that the City determines to be consistent with and supportive of the rural and historic character of the community. Gatherings may not include activities that include the discharge of firearms, competitions among motorized vehicles, or other events that the City determines to be incompatible with the community's character or intent of this chapter. CHAPTER TWO, SECTION 4 -- STANDARDS FOR USES 4.35 Agritourism Enterprise. Agritourism Enterprises shall comply with all of the following standards: (1) Agritourism Enterprises shall support the rural and historic character of the City, shall be designed and operated in a manner that is compatible with Scandia's rural and small-town character, and shall not negatively impact the community or neighboring properties. (2) Permitted Districts and Uses. (A) Agritourism Enterprises are permitted in the Agricultural Core (AG C), General Rural (GR), and Village Neighborhood (VN) Districts, and shall be accessory uses to the primary use of the property for Agriculture or a Single -Family Residence. (3) Permit requirements. (A) An Agritourism Enterprise is allowed in the AG C, GR, and VN districts if the Enterprise holds up to 4 events annually with no more than 100 attendees at each event. The Agritourism Enterprise shall obtain a Special Event Permit for each event per the City's permit requirements. (B) An Agritourism Enterprise in the AG C, GR and VN districts shall obtain a Conditional Use Permit (CUP)/Interim Use Permit (IUP) if the enterprise will hold more than 4 events annually that exceed 100 attendees at each event. (4) Application requirements—CUP/IUP. An application for a CUP/IUP for an Agritourism Enterprise shall be accompanied by the following information: (A) A master plan of the entire property where the Agritourism Enterprise is proposed, drawn to scale (minimum 1:200) and including the parcel boundaries, address and legal description, owner's name and signature, topography, location of existing structures on the site, setbacks, existing screening from adjacent properties, existing driveway locations and roadway access, existing parking, individual sewage treatment systems and well locations. (B) A detailed plan drawn to scale (minimum 1:100) including the proposed areas that will be used for the activities associated with the Agritourism Enterprise use, including the buildings and structures (existing and proposed), outdoor event areas, setbacks, driveways and access, parking areas, sewage treatment systems and well locations, and all other proposed facilities. (C) Events—the application shall include complete information about events that may be held at the site. Information identifying the types of events, estimating the number of attendees per event, number of events per year, onsite vendors, number of employees, proposed hours of operation, parking facilities, sanitary facilities, lighting, sound amplification, temporary structures/tents, signage, screening, solid waste management, security, and landscaping. The application shall also identify emergency vehicle access routes and proposed locations(s) for first aid facilities. As deemed necessary, the City may restrict the operation of the facility. (D) A Transportation Management Plan—the City may require the applicant to submit a Transportation Management Plan based on the number and size of events that are proposed. (E) Grading Plan—if the Agritourism Enterprise includes construction of a new event site(s), buildings, parking lots or other structures, the applicant shall submit a grading, drainage and erosion control plan. The plan must meet the requirements of the Watershed District and the City's Development Code. (F) Landscape Plan—the application shall include an existing and proposed landscape plan. The City may require landscape elements to buffer the facility from neighboring uses and to provide screening. (5) Agritourism Enterprises shall comply with all of the following standards (A) Agritourism Enterprises shall be located on a site of at least 5/10 acres in size. (B) Events shall be limited to a maximum 200/300 persons. (C) Adequate utilities, including sewage disposal, must be available on the site. The facility may utilize permanent or portable facilities, or a combination of permanent and portable facilities. Any on-site sewage treatment facilities needed shall be installed under a permit issued by Washington County. The facility shall also provide supplemental portable septic and water facilities for events as required by the City. (D) The Agritourism Enterprise shall have direct access from a public roadway. (E) The Agritourism Enterprise shall provide on-site parking, sufficient to handle all guest, staff, vendor, and owner vehicles. No parking for the facility shall be permitted on public streets. (F) Sound amplification of ceremonies or educational events only is permitted. Ceremonies include formal acts or observances that are part of an event, such as an awards presentation, acknowledgment of a significant event, or similar observance. Sound amplification of ceremonies or educational events may include amplification of voices and music that are specifically scheduled as part of the event. No other sound associated with an event, such as parties or celebrations associated with, preceding or following the ceremony, may be amplified. Events shall not generate noise that unreasonably annoys, disturbs, or endangers the comfort or peace of any persons, or precludes their enjoyment of property or affects their property's value. (G) The Agritourism Enterprise use of the site shall be located at least 50/100 feet from the boundaries of adjoining properties. The City may require screening of outdoor event areas. If the facility has a license to serve alcoholic beverages, a designated outdoor area shall be identified for consumption of alcoholic beverages that must meet the 100 -foot setback requirement. (H) Events may not begin before 9 AM and shall cease by 10 PM. All amplified sound shall conclude by 10 PM. All guests shall be off the site by 10:30 PM. (I) No more than one event shall be scheduled on any calendar date. (J) Permanent signs for the Agritourism Enterprise shall conform to the Development Code requirements. One sign that identifies the facility is permitted with a maximum size of 32 square feet. In addition, one temporary sign for identification of each event at the facility shall be allowed for each street entrance to the rural event facility. The sign may not be placed more than 10 days before the event and shall be removed within 24 hours of the end of the event. The sign may not exceed ten (10) square feet in area and shall require a sign permit. (K) The Agritourism Enterprise must comply with all rules and regulations of Federal, State, County and Local agencies. (L) The City may impose conditions related to landscaping, access, security, sanitary sewer, liability or other insurance requirements, and other conditions as deemed necessary. (M) The Interim Use Permit shall terminate at a date specified in the permit or with a change in ownership of the property where the rural event facility is located. (N) The City may schedule reviews of the Interim Use Permit or Annual Operating Permit for the rural event facility as needed. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and summary publication as required by law. Passed and adopted by the City Council of the City of Scandia this day of , 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk