5a2 Ordinance 166 Agritourism Draft for 2.2.16CITY 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 Agritourism Enterprise, 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 public 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 if the Enterprise holds fewer than 5
events annually with less than100 attendees at each event. The Agritourism
Enterprise shall obtain a Special Event Permit for any events that meet the
Special Event Permit requirements.
(B) An Agritourism Enterprise shall require an Interim Use Permit (IUP) if the
enterprise will hold 4 or more events annually and 100 or more persons may
attend each event.
(C) Private, "by -invitation -only" events such as weddings, memorial services,
family reunions, birthday parties, or similar private events are not considered
as "events" that are part of the Agritourism use, and are not counted in
determining whether a zoning permit is required for this use.
(D) The City may require that Agritourism Enterprises that require an IUP also
obtain an Annual Operating Permit (AOP). The City shall include the AOP
requirement in the conditions of the IUP.
(E) Summary of permit requirements for Agritourism Enterprises:
Permit Type
Annual Number of Agritourism
Number of attendees
Enterprise Events
None
Less than 5
Less than 100 persons at
each event
Special Event Permit
Any
More than 100 persons at
an event
Interim Use Permit (IUP)
More than 4
More than 100 persons at
events
Annual Operating Permit
City may require in IUP based
(AOP)--optional
proposed operation
(4) Application requirements—IUP. An application for an IUP is required if the
Agritourism Enterprise will hold more than 4 events annually, and all events
may have 100 or more attendees. Applications 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) 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) Application requirements—Annual Operating Permit (AOP). The City may require
an AOP for Agritourism Enterprises that also require an IUP. The City shall identify
the AOP requirement in the conditions for the 1UP. An application for an AOP for a
rural event facility requires the following:
(A) The application for an Annual Operators Permit (AOP) for an Agritourism
Enterprise must be filed with the City. The application must be made in the
name(s) of the operator of the facility and must be filed annual by a date
identified by the City in the IUP.
(B) The application shall contain the following:
The operator shall submit an Annual Report with the AOP application that
summarizes the operations during the past year, other facility plans
approved by the City under Item (4), and the conditions approved for the
IUP. The Annual Report shall include the number of events held at the
facility, types of events, numbers of attendees, hours of operation, and
shall describe conformance with the conditions included in the Interim Use
Permit that was approved for the facility.
2. The AOP Application shall summarize the proposed operating conditions
for the coming year, and how they are expected to be similar to or vary
from the operations of the previous year. The AOP Application shall
include the site plans that show the Agritourism Enterprise facility and
site, and shall indicate the areas of the site that were used for events during
the previous year, and any site or facility changes since the approval of the
IUP or the previous AOP. The Application shall identify any changes
proposed to the site for the coming year.
The City may inspect the Agritourism Enterprise annually. The inspection
shall determine if the operation complies with the Interim Use Permit.
4. If the operator's application conforms to the requirements of this Chapter,
and the inspection report indicates compliance with the terms of the IUP
and AOP, the Annual Operators Permit may be issued. The City may
include conditions for operating the Agritourism Enterprise during the
coming year in the AOP.
(6) Agritourism Enterprises shall comply with all of the following standards:
(A) Agritourism Enterprises shall require the following minimum site area:
Minimum Agritourism Enterprise
Site Size
Criteria
Minimum 5 acres
Enterprise does not require an IUP
No events do not require Special
Event permit(s)
Minimum 10 acres
Enterprise requires an IUP
Events may have 100 or more
attendees.
(B) 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.
(C) The Agritourism Enterprise shall have direct access from a public
roadway.
(D) 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.
(E) 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.
(F) An Agritourism Enterprise that requires an IUP and events at
Agritourism Enterprises that require a Special Use Permit shall be
located at least 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.
(G) Events at an Agritourism Enterprise that requires an IUP and events
that require a Special Event Permit 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.
(IT) No more than one permitted event shall be scheduled on any calendar
date.
(J) The signs for the Agritourism Enterprise shall conform to the
Development Code requirements for the district where it is located. If
the Agritourism Enterprise requires an IUP, the signs for the Enterprise
shall also require an IUP.
(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, whichever occurs first.
(N) The City may schedule reviews of the Interim Use Permit or Annual
Operating Permit for the Agritourism Enterprise 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