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08.b2 UDC_Full Draft_06172022CITY OF SCANDIA UNIFIED DEVELOPMENT CODE 153.100 GENERAL PROVISIONS 153.100.010 TITLE 153.100.020 PURPOSE AND INTENT 153.100.030 APPLICABILITY 153.100.040 AUTHORITY 153.100.050 RELATIONSHIP TO COMPREHENSIVE PLAN 153.100.060 RELATIONSHIP TO RESTRICTIVE/PRIVATE COVENANTS 153.100.070 TRANSITION RULES 153.100.080 EFFECTIVE DATE 153.100.090 SEVERABILITY 153.200 ZONING DISTRICTS 153.200.010 ZONING DISTRICTS ESTABLISHED Table 153.200.010-1. Zoning Districts, District Type and Character Areas. 153.200.020 OFFICIAL ZONING MAP 153.200.030 BASE ZONING DISTRICTS Table 153.200.030-1. Summary of Dimensional Standards for Base Zoning Districts. Table 153.200.030-2. Agricultural Preserves (A-P) Dimensional Standards – Density and Lot Size Table 153.200.030-3. Agricultural Preserves (A-P) Dimensional Standards and Setbacks Table 153.200.030-4. Agricultural Core (AG-C) Dimensional Standards – Density and Lot Size Table 153.200.030-5. Agricultural Core (AG-C) Dimensional Standards and Setbacks Table 153.200.030-6. Rural Residential General (RR-G) Dimensional Standards – Density and Lot Size Table 153.200.030-7. Rural Residential General (RR-G) Dimensional Standards and Setbacks Table 153.200.030-8. Rural Residential Neighborhood (RR-N) Dimensional Standards – Density and Lot Size Table 153.200.030-9. Rural Residential Neighborhood (RR-N) Dimensional Standards and Setbacks Table 153.200.030-10. Village – Historic Core (V-HC) Dimensional Standards – Density and Lot Size Table 153.200.030-11. Village – Historic Core (V-HC) Dimensional Standards and Setbacks Table 153.200.030-12. Village Center (V-C) Dimensional Standards – Density and Lot Size Table 153.200.030-13. Village Center (V-C) Dimensional Standards and Setbacks Table 153.200.030-14. Village Neighborhood (V-N) Dimensional Standards – Density and Lot Size Table 153.200.030-15. Village Neighborhood (V-N) Dimensional Standards and Setbacks Table 153.200.030-16. Industrial Park (I-P) Dimensional Standards – Density and Lot Size Table 153.200.030-17. Industrial Park (I-P) Dimensional Standards and Setbacks Table 153.200.030-18. Rural Commercial (R-C) Dimensional Standards – Density and Lot Size Table 153.200.030-19. Rural Commercial (R-C) Dimensional Standards and Setbacks Table 153.200.030-20. Accessory Building Dimensional and Size Standards Table 153.200.030-21. Accessory Building Dimensional Standards for Domestic Farm Animals 153.200.040 OVERLAY DISTRICTS 153.200.050 SPECIAL DISTRICTS Table 153.200.050-1. OS-PUD Residential Lot Dimensional Standards 153.300 ALLOWED USES 153.300.010 INTRODUCTION AND PURPOSE. 153.300.020 TABLE OF USES Table 153.300.020-1. Classification References and Acronyms Table 153.300.020-2. Table of Uses by Base Zoning District Table 153.300.020-3. Table of Uses by Overlay District 153.300.030 USE SPECIFIC REGULATIONS Table 153.300.030-1. Animal Units Per Acre Equivalents Table 153.300.030-2. Domestic Fowl Structure Setbacks Table 153.300.030-3. Feedlot Setback Requirements Table 153.300.030-7. Yard Waste Facility Setbacks from Adjacent Uses 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400.010 INTRODUCTION AND DEVELOPMENT STANDARDS SUMMARY TABLE Table 153.400.010-1. Development Standards Summary 153.400.020 SUBDIVISION STANDARDS Table 153.400.020-1. Four Types of Land Subdivision Design Table 153.200.020-2: Access Management Guidelines 153.400.030 SITE AND BUILDING DESIGN 153.400.040 CHARACTER AREA STANDARDS 153.400.050 OPEN SPACE, PARK DEDICATION, STORMWATER AND DRAINAGE 153.400.060 LANDSCAPING, BUFFERING AND FENCES Table 153.400.060-1. Required Number of Trees Table 153.400.060-2. Minimum Planting Size Required Table 153.400.060-3. List of Recommended Plant Materials 153.400.070 WOODLAND AND TREE PRESERVATION Table 153.400.070-1. Significant Tree Replacement Schedule 153.400.080 PARKING, DRIVEWAYS AND DRIVE-LANES Table 153.400.080-1. Minimum Number of Parking Spaces Table 153.400.080-2. Dimensional Requirements 153.400.090 EXTERIOR STORAGE 153.400.100 SIGNS 153.500 ADMINISTRATION AND PROCEDURES 153.500.010 INTRODUCTION AND PROCEDURES SUMMARY TABLE Table 153.500.010-1. Land Use and Subdivision Approval Review Procedures 153.500.020 REVIEW AND DECISION MAKING 153.500.030 ZONING ADMINISTRATOR DUTIES 153.500.040 OTHER AGENCY COORDINATION AND REVIEW TIMELINES 153.500.050 COMMON PROCEDURES FOR LAND USE APPLICATIONS. 153.500.060 SUPPLEMENTAL REVIEW PROCEDURES FOR LAND USE APPLICATIONS. 153.500.070 SUBMISSION REQUIREMENTS FOR LAND USE APPLICATIONS. 153.500.080 PROCEDURES FOR SUBDIVISION 153.500.090 SUBMISSION REQUIREMENTS FOR SUBDIVISION 153.500.100 ENVIRONMENTAL REVIEW 153.500.110 NONCONFORMITIES 153.500.120 VIOLATIONS, ENFORCEMENT AND PENALTIES 153.600 MASTER GLOSSARY 153.600.010 RULES OF INTERPRETATION AND WORD CONSTRUCTION 153.600.020 DEFINITIONS OF DIMENSION, MEASUREMENT, STRUCTURE AND SUBDIVISION City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.100 GENERAL PROVISIONS Adopted XX.XX.2022 (Version Updated 05.19.2022) 153.100 page-1 153.100 GENERAL PROVISIONS This Unified Development Code Chapter is established to provide the rules and regulations for land use, zoning and subdivision in the City of Scandia. The rules and regulations established herein are the minimum requirements to construct, develop, or improve property in the City and additional requirements from the City Code may be applicable. All structures, uses, improvements and developments must comply with the provisions of this Chapter. 153.100.010 TITLE The title of this Chapter is the City of Scandia Unified Development Code. The Unified Development Code may be abbreviated throughout this Chapter and referred to as the “UDC” or “Chapter.” Where Sections or Subsections are referred to herein it shall mean the Section of Subsection contained within this Section unless specifically referenced otherwise. 153.100.020 PURPOSE AND INTENT This purpose of this Chapter is to: Implement the Scandia Comprehensive Plan. Protect the public health, safety and general welfare of the community. Provide rules and procedures for the administration of this UDC Provide for amendments 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 this UDC; Prescribe penalties for the violation of the provisions of this UDC. Ensure that subdivisions are consistent with all applicable provisions of all applicable regulations; Establish standard requirements, conditions, and procedures for the design and review of subdivisions and development; Provide for the orderly subdivision and development of land, and to ensure proper legal descriptions and monumentation of subdivided land; Encourage the wise use and management of land and natural resources through the City in order to preserve the integrity, stability, and natural beauty of the community; Ensure the adequate public infrastructure, pay fees, and establish mitigative measures to ensure that development provides its fair share of capital facilities; Encourage a beneficial relationship between the uses of land and circulation of traffic throughout the City, and to provide for the proper location and design of streets; Prevent problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, or scattered subdivision; Ensure that new subdivisions will contribute toward an attractive, orderly, stable, livable, and safe community. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.100 GENERAL PROVISIONS Adopted XX.XX.2022 (Version Updated 05.19.2022) 153.100 page-2 153.100.030 APPLICABILITY 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 this UDC. 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. 153.100.040 AUTHORITY This Chapter is enacted pursuant to the authority granted under the Municipal Land Planning Act, Minnesota Statutes, Section 462.351 to 462.363. 153.100.050 RELATIONSHIP TO COMPREHENSIVE PLAN It is the policy of the City of Scandia that the enforcement, amendment, and administration of this Chapter be accomplished consistent with the recommendations contained in the City Comprehensive Plan, as developed and amended by the Planning Commission and the City Council. The City 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. 153.100.060 RELATIONSHIP TO RESTRICTIVE/PRIVATE COVENANTS Certain structures, improvements, uses or developments are subject to a private restriction, agreement, covenant or homeowner’s association that may include rules or restrictions that are more restrictive than the rules and regulations contained in this Chapter. The City will not manage or enforce rules or conditions that are part of a private restriction, agreement or covenant that are more restrictive than the requirements stated within this Chapter. The City acknowledges that such standards may be applicable, but any enforcement of such requirements are the responsibility of the private party to enforce. 153.100.070 TRANSITION RULES The rules and regulations contained within this Chapter shall be applicable upon the effective date of its adoption. All proposed structures, improvements and developments shall be subject to the requirements of this Chapter, unless the project or development received full approval prior to its adoption. 153.100.080 EFFECTIVE DATE To be added when date is identified. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.100 GENERAL PROVISIONS Adopted XX.XX.2022 (Version Updated 05.19.2022) 153.100 page-3 153.100.090 SEVERABILITY 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: 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-1 153.200 ZONING DISTRICTS Subd. 1. Summary. This Section establishes the Zoning Districts and their corresponding dimensional standards and regulations in the City. All parcels within the City are zoned a Base District and may also be zoned within an Overlay District. The Special Districts are assigned to a specific project or development and must relate to the Base Zoning District in which it is assigned. 153.200.010 ZONING DISTRICTS ESTABLISHED Subd. 1. Table of Established Base, Overlay and Special Zoning Districts. The following table is provided to summarize and identify the Zoning Districts in the City. The table is organized by Character Area which describes the dominant development pattern and use of an area. The following Character Areas are established: Agricultural Districts, Rural Residential Districts, Village Districts, and Business Districts. The Overlay Districts and Special Districts are provided and may be present in any of the Character Areas. Table 153.200.010-1. Zoning Districts, District Type and Character Areas. District Type Zoning District Abbreviation Base Character Area: Agricultural Districts Agricultural Preserves A-P Agricultural Core AG - C Base Character Area: Rural Residential Districts Rural Residential General RR-G Rural Residential Neighborhood RR-N Base Character Area: Village Districts Village Neighborhood V-N Village Center V-C Village - Historic Core V-HC Base Character Area: Business Districts Rural Commercial R-C Industrial Park I-P Overlay Overlay Districts Lower St. Croix River Corridor Overlay District SCRD Shoreland Management Overlay District SM-O Aggregate Mining Overlay District AM-O General Floodplain Overlay District FP-O Special PUD Districts Planned Unit Development PUD Open Space Planned Unit Development OS-PUD City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-2 153.200.020 OFFICIAL ZONING MAP Subd. 1. Zoning Map. The locations and boundaries of the Zoning Districts established by this Section are set forth on the Scandia, Minnesota Zoning Map which shall be incorporated as part of this Unified Development Code (UDC). The Map and all notations, references and data shown thereon are incorporated by reference into this Section. The boundaries between Zoning 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 Zoning District boundary lines shall be determined by use of dimensions of the scale appearing on the Zoning Map. 153.200.030 BASE ZONING DISTRICTS Subd. 1. Assigned Base Zoning Districts. All parcels, lots and land within the City are Zoned with a Base Zoning District designation. The Base Zoning Districts establish and assign dimensional standards for all lots, improvements, subdivisions and other uses as described and regulated within this UDC. A parcel of land, development or contiguous area may be subject to an Overlay District which may assign additional dimensional standards and rules as described in Section 153.200.040. Table 153.200.030-1. Summary of Dimensional Standards for Base Zoning Districts. Zoning District Agricultural Preserves Agricultural Core Rural Residential General Rural Residential Neighborhood Village Historic Core Village Center Village Neighborhood Rural Commercial Industrial Park Abbreviations A-P AG-C RR-G RR-N V-HC V-C V-N R-C I-P Maximum Density (DU/AC) 1 DU/40 AC1 4 DU/40 AC 4 DU/40 AC 4 DU/40 AC 5 DU/40 AC1 5 DU/40 AC2 1 DU/1.5AC2 or 4 DU/40 AC NA NA Minimum Lot Size (New Lot) 40.0 AC 2.0-5.0 AC or 20+ AC 2.0 AC 2.0 AC 2,500 SF2 1.00 AC or 8,500 SF3 1.5 AC 2.0 AC 2.0 AC Minimum Buildable Area (AC) 2 1.00 1.00 1.00 1.00 NA .75 1.00 1.00 1.00 Lot Coverage (Maximum) 25% 25% 25% 25% 80% 35% 25% 65% 65% Building Height (Maximum) 35’ 35’ 35’ 35’ 45’ 45’ 35’ 45’ 45’ 1Density may exceed 1 DU/40 Acres if criteria established in Minnesota State Statute 473H is met. 2Maximum Density and corresponding lots sizes may only be achieved if public water and sewer is available and the parcel or lot is hooked up to municipal service. 3Minimum Buildable Area only required for parcels or lots served by private well and septic systems. Additional standards for each Base Zoning District are provided in Subd. 2 through Subd. 5 of this Section. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-3 Base Zoning District Exceptions and Considerations. The following exceptions and considerations are provided for all Base Zoning Districts. Dimensional Standards specific to Base Zoning Districts are provided in Subd. 2 through Subd. 5 of this subsection. Base Zoning District Standards for Utility Services (Water and Sewer). The dimensional standards for each lot or parcel are determined by the type of utility service present and available. The following standards shall apply. a. Buildable Area. The minimum Buildable Area shall apply to any newly created lots or parcels served with private sewer and water. There is no minimum Buildable Area if public water and sewer is available, and the lot or parcel is served by the system. b. Lots or Parcels in the Shoreland Management Overlay or the Lower St. Croix River Corridor Overlay Districts. The minimum Buildable Area and Lot Size for newly created lots or parcels shall apply to all lots within the Overlay District. Existing Lots of Record must demonstrate that the Buildable Area is adequate to support a principal use, and if not connected to municipal sewer and water, that it can be served by a private well and septic system that meets the standards and requirements as stated in Section [153.400.020]. Exception to Minimum Frontage on a Public Road. A property owner, with the consent of the City Council, may subdivide one (1) lot that is 20 acres or greater in size with no minimum public road frontage, provided the following requirements are met: 1. The property from which the parcel is to be subdivided shall have a minimum of 40 acres. 2. A concept subdivision plan for the entire property shall be submitted showing future public road access for all of the parcels, including the subdivided parcel. The concept subdivision shall be determined to be feasible by the City Council. 3. No further subdivision of any of the parcels shall be permitted without the required public road access. 4. A right-of-way easement for access to the newly subdivided parcel shall be conveyed to the City. 5. The right-of-way may be used for driveway access to the subdivided parcel but shall be maintained by the owner of the property served by it. 6. Any driveway to the subdivided parcel shall be constructed to City standards to accommodate emergency vehicles. 7. The City may require that the right-of-way easement conveyed to it be upgraded to City public road standards when the property is further subdivided. 8. A development agreement between the property owner and the City must be recorded with the property covering the restrictions and obligations of this subdivision. c. Permitted Encroachments into Required Setbacks. The following shall be permitted encroachments into the setback requirements established within this Section: Flues, eaves and awnings up to 3 feet in width; Steps, chimneys, sidewalks, and stoops up to 4 feet in width; Exposed wheelchair ramps, bay windows and doors up to 4 feet in width; Essential services and fixed appliances including air conditioners, exterior heat public, generator, outdoor boilers, etc., up to 4 feet in width; City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-4 d. Exceptions to Maximum Height. No structure shall exceed the maximum heights permitted for the Zoning District in which it is located, except for church spires, chimneys, flag poles up to 45 feet, silos, and wind generators. Wireless Communication Facilities shall be regulated by Section [153.300.030] Subd. 2. Agricultural Zoning Districts. The Agricultural Zoning Districts are established to protect and preserve the long-term agricultural use of land in the City. Lands zoned with the Agricultural designation are intended to promote the right-to-farm as a principal use with permitted homestead, farmstead and accessory uses. Purpose of Agricultural Preserves (A-P) Zoning District. Lands zoned Agricultural Preserves are parcels enrolled in the Metropolitan Agricultural Preserves according to Minnesota Statute 473H, as amended, and are to remain in long-term agricultural production according to the A-P contract terms. A-P District areas are guided Agricultural Core in the Comprehensive Plan. Agricultural Preserves Zoning District Dimensional Standards. The following table is a summary of the Agricultural Preserves District-specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-2. Agricultural Preserves (A-P) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) A Lot Size (minimum) Density (maximum) 40.0 Acres1 1 Dwelling Units per 40 Acres B Buildable Area (minimum) 1.0 Acres C Lot Frontage on All Roads (minimum) 300 Feet 1 Minimum density and lot size may be reduced if criteria established in Minnesota State Statute 473H is met. Figure 153.200.030-1. Agricultural Preserves (A-P) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-5 Table 153.200.030-3. Agricultural Preserves (A-P) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) D Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater • Any other Public Street 40 Feet E Side 20 Feet F Rear 50 Feet Accessory Structure Standards for 40.0 Acre Lot1 G Location Behind Principal Structure Size 6,000 SF Residential Accessory Structure Number 2 Residential Accessory Structures No Limit on Agricultural Accessory Structures Coverage and Height Standards (Maximum) Impervious Surface Coverage 25% H Principal structure height 35 Feet I Accessory structure height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-2. Agricultural Preserves (A-P) Dimension Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-6 Purpose of Agricultural Core District (AG-C). Lands zoned Agricultural Core support, protect and preserve land for agricultural production. The parcels and lots generally contain principal homestead or farmstead uses with a mix of hobby farms, commercial production farms and other agricultural uses. The lands zoned AG-C are guided Agricultural Core in the Comprehensive Plan. Dimensional Standards. The following table is a summary of the Agricultural Core District-specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-4. Agricultural Core (AG-C) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) A Lot Size (minimum) Density (maximum) 2.0 to 5.0 acres, OR 20.0 acres or greater 4 Dwelling Units per 40 Acres B Buildable Area (minimum) 1.0 Acres C Lot Frontage by Lot Size (minimum) • 2.0 – 3.0 Acres 160 Feet • 3.0 – 4.0 Acres 240 Feet • 4.0 Acres or Greater 300 Feet • If on cul-de-sac 60 Feet at terminus Figure 153.200.030-3. Agricultural Core Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-7 Table 153.200.030-5. Agricultural Core (AG-C) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) D Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater • Any other Public Street 40 Feet E Side 20 Feet F Rear 50 Feet Accessory Structure Standards based on 5.0 Acre Lot1 G Location Behind Principal Structure Size 1,000 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 25% H Principal structure height 35 Feet I Accessory structure height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-4. Agricultural Core Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-8 Subd. 3. Rural Residential Districts. The Rural Residential Districts are predominantly single-family principal uses with accessory uses and structures that support the rural character of the City. There are two distinct development patterns in this category including historically platted riparian and non-riparian lots abutting or in proximity to the lakes, and general rural residential patterns with larger lot configurations. The lands zoned for rural residential uses are categorized by two designations and are intended to provide a direct correlation between dimensional standards, use, and development patterns of the area. Purpose of Rural Residential General (RR-G). Lands zoned Rural Residential General (RR-G) are established to provide for principal residential use with estate or large-lot development patterns. The RR-G District includes lot or parcel configurations that are generally unplatted, including mostly non-riparian land. The RR-G District areas are guided General Rural in the Comprehensive Plan. Rural Residential General Dimensional Standards. The following table is a summary of the RR-G district-specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-6. Rural Residential General (RR-G) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) A Lot Size (minimum) Density (Maximum) 2.0 Acres 4 Dwelling Units per 40 Acres B Buildable Area (minimum) 1.0 Acres C Lot Frontage by Lot Size (minimum) • 2.0 – 3.0 Acres 160 Feet • 3.0 – 4.0 Acres 240 Feet • 4.0 Acres or Greater 300 Feet • Cul-de-sac (at terminus) 60 Feet Figure 153.200.030-5. Rural Residential – General (RR-G) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-9 Table 153.200.030-7. Rural Residential General (RR-G) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) D Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater • Any other Public Street 40 Feet E Side 20 Feet F Rear 50 Feet Accessory Structure Standards1 G Location Behind Principal Structure Size 1,000 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 25% H Principal structure height 35 Feet I Accessory structure height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-6. Rural Residential – General (RR-G) Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-10 Purpose of Rural Residential Neighborhood (RR-N) Zoning District. Lands zoned RR-N are the parcels adjoining, abutting, or a portion of which are within 1,000 feet of a lake with a public waters designation that were historically platted or divided into smaller lots for seasonal use. The use of these lots has generally transitioned to permanent year-round use with predominantly principal residential uses. Most parcels and lots in the RR-N District are at least 50% contained within the Shoreland Management Overlay (SM-O) District. In addition to the standards identified in this Section, the lots or parcels are subject to the regulations contained within Chapters 155 of the City Code and the Washington County St. Croix River District standards which are incorporated by reference herein. Land zoned RR-N are guided Agricultural Core and General Rural in the Comprehensive Plan. Rural Residential Neighborhood Zoning District Dimensional Standards. The following table is a summary of the RR-N District-specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-8. Rural Residential Neighborhood (RR-N) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) Lot Size Lots in SM-O for Recreational Development Lake Lots in SM-O for Natural Environment Lake Existing Lot of Record (minimum) 0.92 Acres 1.84 Acres A New Lot (minimum) 2.0 Acres 2.0 Acres Density (maximum, apply to any new division of property) 4 DU/ 40 Acres 4 DU/ 40 Acres B Buildable Area (minimum, New Lot) 1.0 Acres 1.0 Acres C Lot Width (minimum if Riparian, New Lot) 150 Feet 200 Feet D Structure Setback from OHWL (minimum, Riparian) 100 Feet 150 Feet E Lot Frontage by Lot Size (minimum) • Less than 2.0 Acres 100 Feet • 2.0 – 3.0 Acres 160 Feet • 3.0 – 4.0 Acres 240 Feet • 4.0 Acres or Greater 300 Feet • If cul-de-sac lot 60 Feet Figure 153.200.030-7. Rural Residential – Neighborhood (RR-N) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-11 Table 153.200.030-9. Rural Residential Neighborhood (RR-N) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) F Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater less • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater less • Any other Public Street 40 Feet G Side 10 Feet H Rear • Non-Riparian 50 Feet D • Riparian See OHWL Setback in Table 9 Accessory Structure Standards1 Location Outside all setbacks, if in front of principal structure see Character Standards Size 1,000 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 25% I Principal Structure Height 35 Feet J Accessory Structure Height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-8. Rural Residential Neighborhood (RR-N) Dimensional Standards and Setbacks (Example RR-N, SM-O) City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-12 Subd. 4. Village Districts. The historic Village area of the City has a more compact development pattern than other areas of the City and creates a distinct place to live, work, patronize and recreate in the community. The Purpose of the Village Zoning Districts is to match the character of this area through appropriate development, uses, massing and character standards. Purpose of Village – Historic Core (V-HC) Zoning District. Land zoned Village – Historic Core (V-HC) has a distinct, compact development pattern with a mix of uses including commercial, office and residential uses. The intent of this District is to preserve and protect the long-term viability of the historic properties and structures and allow for a mix of supportive land uses that are consistent with the adopted Scandia Design Guidelines. Land zoned V-HC is guided Village Mixed Use in the Comprehensive Plan. Village – Historic Core Dimensional Standards. The following table is a summary of the V-HC District-specific dimensional standards for newly created lots or parcels that are served by public services including sewer and water. Table 153.200.030-10. Village – Historic Core (V-HC) Dimensional Standards – Density and Lot Size Lot Dimensions and Density Standards A Lot Size (Existing Lot of Record) None A Density (Residential) FAR (Commercial) Up to 5 Dwelling Units/Acre1 .5 B Buildable Area N/A for Lot with Public Sewer & Water C Lot Frontage (minimum) 30 Feet 1Maximum density may only be available to lots served by Municipal Services, including adequate sewage treatment and water supply. Figure 153.200.030-9. Village-Historic Core (V-HC) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-13 Table 153.200.030-11. Village – Historic Core (V-HC) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) Single Family (SF) Mixed Use or Non-Residential D Front 40 Feet 0 Feet Min., 10 Feet Max. E Side 10 Feet 2 Feet F Rear 20 Feet 10 Feet Accessory Structure Standards1 G Location Behind Principal Structure Size 720 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 80% (Existing Lot) H Principal structure height 45 Feet I Accessory structure height 35 Feet, may not appear taller than Principal Structure from ROW Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-10. Village-Historic Core (V-HC) Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-14 Purpose of Village Center (V-C) Zoning District. Land zoned Village Center is intended to include a mix of uses including commercial, office and residential uses that support the Village Historic Core. Land in this zoning district is served either by municipal services or private well and individual septic systems. V-C zoned land is guided Village Mixed Use in the Comprehensive Plan. Dimensional Standards. The following table is a summary of the V-C district-specific dimensional standards for newly created lots or parcels. As noted in the table, the dimensional standards are applied based on whether the lot or parcel has access to, and is connected to, municipal water and sewer. If private well and septic serves the subject property then the more restrictive requirements shall be applied. Table 153.200.030-12. Village Center (V-C) Dimensional Standards – Density and Lot Size Lot Dimensions (Minimum, only for lots created after the effective date of this UDC) A Lot Size (New Lot – Public Sewer and Water) Lot Size (New Lot – Private Well and Septic) 8,500 Square Feet1 1.0 Acres B Density (Residential) Floor Area Ratio (Commercial) Up to 5 Dwelling Units/Acre1 .5 C Buildable Area N/A for Lot with Public Sewer & Water 0.75 Acres for New Lot on Private Well and Septic D Minimum Lot Frontage 50 Feet 1Maximum density may only be available to lots served by Municipal Services, including adequate sewage treatment and water supply. Figure 153.200.030-11. Village Center (V-C) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-15 Table 153.200.030-13. Village Center (V-C) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) Single Family (SF) MU or Non-Residential E Front 40 Feet 0 Feet or Avg. of Adjacent Setback F Side 10 Feet 5 Feet G Rear 20 Feet 25 Feet Accessory Structure Standards1 H Location Behind Principal Structure Size 720 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 65% Building Coverage 50% I Principal structure height (maximum) 45 Feet J Accessory structure height (maximum) 35 Feet, but may not appear taller than Principal Structure at ROW Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-12. Village Center (V-C) Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-16 Purpose of Village Neighborhood (V-N) Zoning District. Land zoned Village Neighborhood is established to designate growth areas surrounding the Village Center and is generally intended to be developed with single-family residential uses. These lands are guided Village Neighborhood in the adopted Comprehensive Plan. Village Neighborhood Dimensional Standards. The following table is a summary of the V-N District- specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-14. Village Neighborhood (V-N) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) A Lot Size (minimum) Density (maximum) 1.5 Acres 4 Dwelling Units per 40 Acres B Buildable Area (minimum) 1.0 Acres C Lot Frontage (minimum) 100 Feet Figure 153.200.030-13. Village Neighborhood (V-N) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-17 Table 153.200.030-15. Village Neighborhood (V-N) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) D Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater • Any other Public Street 40 Feet E Side 20 Feet F Rear 50 Feet Accessory Structure Standards1 G Location Behind Principal Structure Size 1,000 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 35% H Principal structure height 35 Feet I Accessory structure height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-14. Village Neighborhood (V-N) Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-18 Subd. 5. Business Districts. The City’s business districts are intended to support commercial, general business and light industrial uses in appropriately guided areas of the community. These districts are currently served by private well and individual septic systems. Purpose of Industrial Park (I-P) Zoning District. Lands zoned I-P allow for light industrial businesses and are guided Village Mixed Use in the Comprehensive Plan. Industrial Park uses include a variety of light manufacturing, fabrication, assembly, warehouse, wholesaling, or storage businesses that are non-threatening to the environment. Industrial Park Dimensional Standards. The following table is a summary of the I-P District-specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-16. Industrial Park (I-P) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) A Lot Size (minimum, New Lot) 2.0 Acres B Buildable Area (minimum, New Lot) 1.0 Acres C Lot Frontage on Public Street (minimum) 160 Feet Figure 153.200.030-15. Industrial Park (I-P) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-19 Table 153.200.030-17. Industrial Park (I-P) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) D Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater • Any other Public Street 40 Feet E Side 10 Feet F Rear 50 Feet Accessory Structure Standards1 G Location Behind Principal Structure Size 1,000 SF Accessory Structure Number 1 Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 65% H Principal structure height 45 Feet I Accessory structure height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. No more than one (1) accessory structure is permitted in the I-P District. The accessory structure must be used for storage related to the principal use of the property. No separate business is allowed in the accessory structure. Figure 153.200.030-16. Industrial Park (I-P) Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-20 Purpose of Rural Commercial (R-C) Zoning District. Lands zoned Rural Commercial are intended to support commercial development of rural areas in the community that have historically been used for some type of business use. R-C zoned land is guided Rural Commercial in the Comprehensive Plan. Rural Commercial Dimensional Standards. The following table is a summary of the R-C Zoning District- specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-18. Rural Commercial (R-C) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) A Lot Size (minimum, New Lot) 2.0 Acres B Buildable Area (minimum, New Lot) 1.0 Acres C Lot Frontage on Public Street (minimum) 160 Feet Figure 153.200.030-17. Rural Commercial (R-C) Dimensional Standards – Density and Lot Size City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-21 Table 153.200.030-19. Rural Commercial (R-C) Dimensional Standards and Setbacks Principal and Accessory Structure Setbacks (Minimum) D Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater • Any other Public Street 40 Feet E Side 10 Feet F Rear 50 Feet Accessory Structure Standards1 G Location Behind Principal Structure Size 1,000 SF Accessory Structure Number 1 Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 65% H Principal structure height 45 Feet I Accessory structure height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. No more than one (1) accessory structure is permitted in the R-C District. The accessory structure must be used for storage related to the principal use of the property. No separate business is allowed in the accessory structure. Figure 153.200.030-18. Rural Commercial (RR-C) Dimensional Standards and Setbacks City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-22 Subd. 6. Accessory Structure Dimensional Standards for all Base Zoning Districts. The City regulates its Accessory Structures by lot size and use type which is independent from the Base Zoning District. The following Dimensional and Size Standards are provided for Accessory Structures. Accessory Structure Dimensional Standards Table. Table 153.200.030-20. Accessory Structure Dimensional and Size Standards Residential Accessory Structures (Non-agricultural) Agricultural Accessory Structures Lot Size Number of Structures Total Square Footage (SF) Number of Structures (Maximum) Total Square Footage (SF) Parcels less than 1.0 Acres 1 1,000 SF None None 1.0 to 2.99 Acres 1 1,500 SF None None 3.00 to 4.99 Acres 2 3,000 SF None None 5.00 to 9.99 Acres 3 4,000 SF 1 agricultural building (3 total) 4,000 SF including non-agricultural buildings 10.00 to 19.99 Acres 3 5,000 SF 2 agricultural buildings (4 total) 6,000 SF including non-agricultural buildings 20.00 to 29.99 Acres 3 6,500 SF No limit provided structures are agricultural/rural use buildings No limit provided structures are agricultural buildings 30.00 to 39.99 Acres 4 7,500 SF 40.00 to 59.99 Acres 4 8,500 SF 60.00 to 79.99 Acres 4 10,000 SF 80.00 Acres and larger 5 12,000 SF Exceptions. The following exceptions shall apply in any Base Zoning District: a. Residential Garage. A residential garage, either attached or detached, is an Accessory Structure per the standards established in this Section. One residential garage used for the storage of personal vehicles and personal property shall not be counted towards the number of structures or total square footage of Residential Accessory Structures up to the following limits: Properties 0 to 3.0 Acres. Up to 864 Square Feet shall not be counted towards the maximum standards established on Table [153.200.030-20]. If a garage exceeds 864 square feet, the additional square footage shall be counted towards the maximum standards established. Properties greater than 3.0 Acres. Up to 1,200 square feet shall not be counted towards the maximum standards established on Table [153.200.030-20]. If a garage exceeds 1,200 Square Feet, the additional square footage shall be counted towards the maximum standards established. b. Sheds and small structures. Two (2) single story sheds of up to 120 square feet are permitted in addition to the number accessory structures listed in this Section, and such square footage shall not count towards the total square footage. Ice fishing houses stored on parcels of land during non-winter months shall be deemed to be the permitted shed. One of the permitted sheds may be located within the front-yard setback for purposes of bus shelter, garbage/recycling enclosure or similar use. Such shed may not exceed 8-feet in height, and must be located outside the right-of-way. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-23 c. Accessory Structures in front of Principal Structure. All accessory structures must comply with the location standards established by the Base Zoning District, unless the following conditions are met: The accessory structure is located on a lot of five (5) acres or more and is placed at least 200 feet from the road right-of-way; or The accessory structure is located on a parcel that is less than five (5) acres in size, is necessary to meet the Exterior Storage requirements of this UDC, and the physical conditions on the parcel (including but not limited to steep slopes, locations of wetlands, location of principal structure) prevent the location of the storage structure within the side or rear yard; and If such conditions are met, the property owner must submit a plan for the proposed structure and obtain an administrative permit authorizing the location of the structure in front of the principal structure. The Zoning Administrator may require screening if needed to protect views from adjacent properties or public roadways. Residential Accessory Structure Flexibility with CUP. Flexibility from the standards established in Table 153.200.030-20 may be permitted with a Conditional Use Permit (CUP). Provided all other standards and regulations of the Base Zoning District are met, the City shall consider a bonus up to the following limits: a. One additional Structure. b. No more than an additional 25% of total square footage. Accessory Structure on Non-Contiguous Parcel. A Residential Accessory Structure may be permitted on a non-contiguous parcel from the principal structure only when such lack of contiguity is due to the presence of a dedicated public right-of-way. In such cases the following conditions shall apply: a. The Parcels must be under common ownership. b. A restrictive covenant must be recorded on the deed identifying that the parcels may not be sold independently from each other without the removal of the Accessory Structure. c. The Lot Area used to determine the permitted number of structures and total square footage as identified in Table [153.200.020-20] must exclude the dedicated right-of-way. d. The design of the Accessory Structure shall be subject to the standards established in Section [153.400.030]. For calculating permitted accessory square footage on parcels within the Shoreland Management Overlay District areas, the area of the lot shall be calculated as the area of the lot outside the Ordinary High Water Level (OHWL). For purposes of determining allowable square footage and number of agricultural buildings on farms 40.00 acres or greater, the lot shall include all contiguous tax parcels farmed as a unit as evidenced by common ownership within a family or other entity comprised of some or all of the family members, or a combination thereof. On any publicly owned parcel used for recreational or park purposes the permitted number and square footage of Accessory Structures shall be waived. Any Accessory Structure shall be required to obtain the required building permit and must comply with the dimensional standards as established by the Base Zoning District or any applicable Overlay District. Accessory Structure Dimensional Standards for Domestic Farm Animals. Accessory structures used to shelter domestic farm animals, except as provided in Section [153.300.030] shall meet the following requirements. All domestic farm animal structures, feedlots and manure storage sites shall be setback as follows: Table 153.200.030-21. Accessory Structure Dimensional Standards for Domestic Farm Animals City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-24 Natural/Man-Made Features Horizontal Setbacks (Minimum) Any property line 100 Feet Any existing well or residential structure on the same parcel 50 Feet Any seasonal or year-round wetland, lake or stream 200 Feet Any structure, feedlot or manure storage shall not be placed on slopes which exceed 13%. 153.200.040 OVERLAY DISTRICTS Subd. 1. Applicability of Overlay Districts. Certain lands within the City have unique or special environmental qualities that are zoned with additional regulations and standards per the objectives of the specific Overlay District. All lands and parcels in the City are designated with a Base Zone District as described in Section [153.200.030], and those portions of the property also contained within an Overlay District shall be regulated by the applicable standards identified in the subsequent Section or Chapter. The Overlay District areas are shown on the Official Zoning Map. Aggregate Mining Overlay District (AM-O). The AM-O District is established to identify the land and parcel areas where mineral deposits, primarily gravel, may be available for general use under the conditions and regulations of Chapter 154 of the City Code. Properties zoned AM-O are guided as Aggregate Resources in the Comprehensive Plan. Lot Area, setbacks, and other dimensional requirements of the AM-O District are contained in Chapter 154. Shoreland Management Overlay District (SM-O). The SM-O District is established consistent with the Minnesota Department of Natural Resources rules for Shoreland Management of designated public waters in the City. Properties zoned within the SM-O are guided for various land uses within the Comprehensive Plan. The Rural Residential Neighborhood (RR-N) Base Zoning District is established specifically to account for and manage, small lots and parcels within the SM-O area. Lot area and setback from OHWL is provided within the Dimensional Standards for this Base Zoning District. All other dimensional standards as described within Chapter 155 shall be applicable, and in the event of any discrepancy, the more restrictive regulation shall apply. All other Base Zoning Districts reference the SM-O District standards in Chapter 155 of the City’s Code of Ordinances, and standards stated within the SM-O shall apply. Lower St. Croix River Corridor Overlay District (SCRD). The SCRD District is established consistent with the Minnesota Department of Natural Resources rules for properties within the SCRD. The City adopts by reference the Washington County Lower St. Croix River Bluffland and Shoreland Management Ordinance, as amended from time to time. The Rural Residential Neighborhood (RR-N) Base Zoning District is established specifically to account for and manage small lots and parcels within the SCRD area. Lot area, lot width and setback from OHWL is provided within the Dimensional Standards for this District. All other requirements and regulations of the SCRD shall be followed for any property within this designation. In the event of any discrepancy, the more restrictive regulation shall apply. Floodplain Management Overlay District (FM-O). The FM-O District is established consistent with the rules and guidelines as applied by FEMA. Properties within the FM-O shall follow all rules and regulations as contained within Chapter 156 of the Code of Ordinances. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-25 153.200.050 SPECIAL DISTRICTS Subd. 1. Applicability of Special Districts. The Planned Unit Development (PUD) and Open Space Conservation Planned Unit Development (OS-PUD) are Special Districts within the City that are intended to allow flexibility from the strict density and use standards established in the Base Zoning District. New subdivisions or projects that meet the standards and criteria as defined below may be rezoned to a Special District which will be tailored specifically to the approved development plan for the subdivision. Subd. 2. Purpose of Planned Unit Development (PUD) District. The purpose of the PUD District is to allow for more flexibility in development design than is possible under the Base Zoning District and conventional subdivision processes. Possible flexibility may include variation from dimensional standards, permitting more than one principal structure on a parcel of land, etc. The intent of the PUD District is to allow for: A mix of land uses. A mix of housing types. Creative site design that varies from certain land use regulations while incorporating design elements that exceed the minimum requirements of this Chapter and are in harmony with the adopted Design Guidelines. Coordinated plans for landscaping, buildings, sidewalks or trails and parking. Preservation and enhancement of the natural environment. Enhancement of community character through design consistent with historical development patterns; and Efficient use of land resulting in smaller networks of utilities and streets, thereby lowering the City’s maintenance and investment costs. Subd. 3. Eligible Land for Rezoning to Planned Unit Development. Certain properties would benefit from allowing flexibility from certain dimensional standards, and the proposed rezoning to PUD must meet the following criteria: Subject property must be zoned and comply with Table 153.400.020-1. Planned Unit Development Density and Dimensional Standards. Density. The maximum density of a PUD shall not exceed the maximum density permitted in the Base Zoning District. Dimensional Standards. The City may grant deviations from some of the dimensional standards established within the Base Zoning District. Deviations may include minimum setbacks, minimum lot sizes, minimum number of off-street parking spaces, maximum building height, maximum lot coverage, or minimum frontage, if it is determined that the deviation supports the purpose and objectives of this Section. Design and Development Standards. The following design and development standards shall apply to any PUD: a. 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. b. Utilities. In any PUD, all utilities, including telephone, electricity, gas and cable, shall be installed underground. c. Streets. All streets shall be public streets. All streets shall conform to the specific design standards approved as part of the PUD. In no such specific design standards have been proposed, all streets in the PUD shall conform to the design standards contained in the subdivision regulations. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-26 d. Phasing of Development. All development conducted in phases shall be carried out in accordance with the approved staging plan. All 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. e. Character Area Standards. The PUD shall comply with the standards established in Section [153.400.040] and any applicable standards as set forth in the Scandia Architectural Design Guidelines. Required Findings for Approval and Process. Approval of a PUD shall be granted through the rezoning process as established in Section [153.500.060]. For a PUD to be approved the following findings must be established: The PUD is not in conflict with the Comprehensive Plan The PUD meets the Purpose of Planned Unit Development as stated in this Section. 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. 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. The PUD will not have an adverse impact on the reasonable enjoyment of the neighboring property. The quality of the building and site design shall substantially enhance the aesthetics of the site. 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. Changes to Approved Development Plans. 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. Changes in exterior building material. c. Alteration to any condition of the re-zoning. d. Alteration to any modification to the final plans that was specifically required by City Council. If any changes are proposed that do involve the changes listed above, or the proposed changes is otherwise considered by the City to be a major change an amendment to the final development plan shall be required. Subd. 4. Purpose of Open Space Conservation Planned Unit Development (OS-PUD). The purpose of the OS-PUD District is to maintain the rural character of the City through a conservation-based development plan that preserves woodlands and other habitats, natural resource corridors, agricultural land, open space and significant natural features identified in the Comprehensive Plan. The intent of allowing the OS-PUD is to utilize less land for development and to allow for flexibility from the strict dimensional standards of certain Base Zoning Districts. OS-PUD goals. For a subject site to be considered for rezoning to OS-PUD, the proposed subdivision must demonstrate that it meets the following goals: Preserves large blocks of land for agricultural use and/or open space. Preserves natural resources as identified in the Comprehensive Plan. Preserves or restores permanent natural habitat and vegetated corridors for the long-term health of plant and animal communities. Preserves viewsheds for scenic enjoyment and rural identity. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-27 Demonstrates innovation and greater flexibility in the design of residential development. Provides for site development that maintains a low visual impact, particularly along arterial roadways and abutting properties. Creates cohesive neighborhoods to establish local identity and encourage community interaction. Reduces the cost of constructing and maintain public facilities, infrastructure and services. Eligible Land for Rezoning to OS-PUD. Certain properties are well suited for a conservation-based approach for development, and the proposed OS-PUD must meet the following criteria: Subject property must be zoned as AG-C or RR-G. Subject property must contain a minimum of 40-Acres of contiguous land. Density and Dimensional Standards. If a property is deemed eligible per the criteria established, then the following density and dimensional standards will be applied to any proposed project. Base Density. The number of density units for the parcel shall be determined by calculating the permitted number of lots established by the Base Zoning District. 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 total maximum density bonus permitted is an additional 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 Comprehensive Plan. (Up to an additional 25% density.) b. Preservation of agricultural lands, including but not limited to areas currently used for agricultural use. (Up to an additional 25% density.) 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 an additional 25% density.) 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 an additional 25% density.) e. Preservation of historic sites, buildings and structures or cultural resources. (Up to an additional 25% density.) f. Preservation of priority scenic views as identified by the City, especially as viewed from public roads and property. (Up to an additional 25% density.) g. Creative open space that is contiguous to existing designated open space or part of potential 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 to an additional 25% density.) City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-28 Residential Lot Dimensional Standards for OS-PUD. Table 153.200.050-1. OS-PUD Residential Lot Dimensional Standards Lot & Density Requirements Density (maximum) Up to 7 DU/40 Acres (If full Density Bonus is granted) Lot Size (minimum) 1.5 Acres Buildable Area (minimum) 1.0 Acres Principal Structure Setbacks (minimum) Front Lot Line 30 Feet Side Lot Line 15 Feet Rear Lot Line 30 Feet Accessory Structure Setbacks (Minimum) Side Lot Line 15 Feet Rear Lot Line 10 Feet Height & Coverage Standards (Maximum) Lot Coverage 35% Building Height 35 Feet Other Standards Base Zoning District Regulations 153.200.030 Subd. 2 through Subd. 5 Accessory Structure Standards 153.200.030 Subd. 6 OS-PUD Re-Zoning Submission Requirements [153.500.060] Ownership and Management of Open Space. a. 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. b. The minimum open space required per this Section shall be subject to a permanent conservation easement and used for the purposes defined by this UDC. c. 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. d. The designated open space and common facilities may be owned and managed by one or a combination of the following: Homeowners’ Association Non-profit organization The City, County or another governmental body empowered to hold interest in real property (in accordance with Minnesota Statutes Section 84C.01-.05 or successor statutes. An individual who will use the land for open space purposes as provided by the permanent conservation restrictions. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.200 ZONING DISTRICTS Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.200 page-29 Homeowners’ Association. a. A Homeowners’ Association shall be established if open space or any common facilities are owned by a homeowners’ association. Membership in the association must be mandatory for all purchaser of homes in the development and their successors. b. A Homeowners’ Association Agreement, guaranteeing continuing maintenance, shall be submitted to the City as part of the items submitted for the preliminary plat. The Homeowners’ Association documents or the declaration of covenants, conditions and restrictions shall contain the following information: The legal description of the common lands or facilities. The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions. A mechanism for resolving disputes amount the owners or association members. A mechanism to assess and enforce the common expenses for th eland or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums. The condition and timing of the transfer of ownership and control of land or facilities to the Association or to common ownership. The management of collector sewage treatment system. Any other matter the developer deems appropriate. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-1 153.300 ALLOWED USES Subd. 1. Summary. This section is intended to describe the land uses that are permitted, permitted through regulations or requirements, or that are prohibited within the City. The sections that follow include corresponding references to other Sections of this UDC for ease and reference to ensure all local, state and federal approvals are obtained as required. Subd. 2. Uses not permitted. Whenever in any Base Zoning District or Overlay 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 for development within the City. Subd. 3. Nuisances. No uses that cause noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust or other adverse impacts that cannot be properly mitigated are permitted in any Zoning District. All uses must follow the standards and regulations as contained within this Section and must follow all applicable rules and regulations of the MPCA, MDH, Washington County and any other agency with jurisdiction over the use. Any enforcement of a nuisance use shall be subject to Chapter [32] of the City Code. 153.300.010 INTRODUCTION AND PURPOSE Subd. 1. Introduction. This section, including the Table of Uses, is organized and classifications are assigned by Base Zoning District. Properties fully or partially contained within an Overlay District are subject to additional standards and use restrictions which are provided in Table 3. Table of Uses by Overlay District, and the process to obtain necessary permitting is provided within Section [153.500] of this UDC. Subd. 2. Purpose. The purpose of this section is to provide a clear description of the uses that are consistent with the character of each Zoning District, and to ensure proper permitting is obtained prior to a use being initiated on a parcel, lot or building. 153.300.020 TABLE OF USES Subd. 1. Classification of Uses. Each Use as established on Table 153.300.020-2. Table of Uses by Base Zoning District is classified as either permitted, permitted through regulation or requirement, or prohibited. The following classifications are provided for reference. (A) Classification References and Acronyms. The table of uses is classified by the following: Table 153.300.020-1. Classification References and Acronyms Classification Corresponding Table Acronym Permitted P Conditionally Permitted – Requires Conditional Use Permit CUP Conditionally Permitted for Temporary Use – Requires Interim Use Permit IUP Permitted with Administrative Permit AP Permitted if Accessory to Principal Use A Not Permitted (or prohibited) Blank City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-2 (B) Table of Uses. The following table of uses is established by Base Zoning District. Table 153.300.020-2. Table of Uses by Base Zoning District BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Land Use Agricultural Preserve Agricultural Core Rural Residential General Rural Residential Neighborhood Village Neighborhood Village Center Village Historic Core Rural Commercial Industrial Park Agricultural and Land Based Uses Agricultural Buildings AP AP AP AP AP Agricultural Buildings, Seasonal P P P P P 153.300.030 Subd. 1 (B) Agricultural Direct – Market Business P P P P AP Agricultural Processing P P P P Agriculture P P P P P Agritourism Enterprise, <6 Events annually, see Rural Event Facility for more than 6 Events CUP CUP P P P Feedlots, less than 10 Animal Units P P P 153.300.030 Subd. 1 (Q) Feedlots, 10+ Animal Units CUP CUP CUP 153.300.030 Subd. 1 (Q) Land Spreading/Land Application of Solid Waste (accessory to principal use) A A Livestock and Livestock Operations P P P 153.300.030 Subd. 1 (P) Horse Training Facility, Commercial (accessory to residential use) 10 horses or less AP AP AP AP 153.300.030 Subd. 1 (K) Horse Training Facility, Commercial (accessory to residential use) more than 10 horses CUP CUP CUP 153.300.030 Subd. 1 (K) Horse Training Facility, Private A A A A Keeping of Animals A A A A A A A A A 153.300.030 Subd. 1 (L) Plant Nursery, Garden Shop, Greenhouses, and Landscape Services CUP CUP CUP CUP CUP CUP P City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-3 BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Residential Uses Accessory Apartment to Commercial Use CUP CUP CUP CUP 153.300.030 Subd. 1 (A) Accessory Dwelling Unit AP AP AP AP AP AP AP AP AP 153.300.030 Subd. 1 (A) Accessory Structure A A A A A A A A A Community Residence, 7 to 16 persons CUP CUP Daycare Facility (Nursery, Day) with State License A A A A A A A A Exterior Storage of Personal Property A A A A A A A A Home Occupations (exceeding criteria) A (CUP) A (CUP) A (CUP) A (CUP) A (CUP) A (CUP) A (CUP) A (CUP) 153.300.030 Subd. 1 (J) Kennel, Private – Accessory to Residential Use IUP IUP IUP IUP IUP IUP IUP IUP 153.300.030 Subd. 1 (N) Multi-Family Residence (5-units+) CUP CUP CUP CUP 153.300.030 Subd. 1 (U) Recreation Facilities and Equipment A A A A A A A A Residence, Assisted Living CUP CUP CUP Residential Facility, State Licensed (1 to 6 persons) P P P P P P P 153.300.030 Subd. 1 (V) Single Family Residence – detached P P P P P P P CUP Single Family Residence – attached (duplex, triplex, fourplex) CUP CUP CUP CUP 153.300.030 Subd. 1 (U) Temporary Dwelling Unit, Care facility – Accessory to Residential Use AP AP AP AP AP 153.300.030 Subd. 1 (EE) Temporary Dwelling Unit, Construction AP AP AP AP 153.300.030 Subd. 1 (EE) Temporary Farm Dwelling – Accessory to a Residential Use IUP IUP IUP IUP IUP IUP 153.300.030 Subd. 1 (FF) Commercial Uses Auto Wash CUP City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-4 BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Banks, Credit Unions, and other financial institutions P P P Bars and Taverns CUP CUP CUP Beauty Salons, Barbers, Day Spas, Massage Therapy and Similar Personal Services P P P Bed and Breakfast Inns CUP CUP CUP P P P 153.300.030 Subd. 1 (D) Brewery or Cidery CUP CUP CUP CUP CUP 153.300.030 Subd. 1 (E) Catering Services, without on-site food service P P Clubs/Lodges P P P Commercial Daycare Facilities, State Licensed P P P P Commercial Kennel IUP IUP 153.300.030 Subd. 1 (M) Commercial Kennel, accessory to a veterinary clinic CUP CUP CUP Contractor Operations, Shops, and Storage Yards P Copy/Printing Services, Excludes Printing Presses and Publishing Facilities P P P Crematoriums CUP Distillery (Micro) CUP 153.300.030 Subd. 1 (E) Drive-through services CUP CUP CUP 153.300.030 Subd. 1 (G) Dry cleaning pick-up and laundry pick up stations (not including processing) P P P Exterior Storage – Accessory to a Commercial Use CUP CUP CUP CUP CUP Farmers Market AP AP AP Feed and Seed Sales – Accessory to Agricultural Use A A A Funeral Homes CUP Hotel/Motel CUP CUP Laboratories, Medical, Research, and Testing CUP City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-5 BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Laundromat P Light Manufacturing and Assembly P Light Manufacturing and assembly (activities requiring MPCA Minimum Waste Generator License) CUP 153.300.030 Subd. 1 (O) Liquor, off sale CUP CUP CUP Meat Processing, accessory to Grocery Store P P Motor Vehicle, Recreational Vehicle, or Boat Sales CUP 153.300.030 Subd. 1 (R) Motor Vehicle Repair CUP CUP CUP CUP 153.300.030 Subd. 1 (S) Motor Vehicle Service Stations CUP CUP 153.300.030 Subd. 1 (T) Nursing Homes CUP Offices, including Medical, Dental, Chiropractic, Physical Therapy Offices, and Clinics P P P Parking A A A A A A A A A Pet Grooming P P P Printing and Publishing CUP CUP CUP P Processing of food and beverages, excluding animal slaughtering or rendering plants CUP CUP Radio and television stations CUP P Recreation, Indoor Commercial up to 4,000 SF P P P Recreation, Indoor Commercial greater than 4,000 SF CUP CUP CUP Recreation, Outdoor Commercial (including water dependent) CUP CUP Recreation, Outdoor Private A A A A A A A Research Facilities CUP Resorts/Conference Facilities CUP CUP 153.300.030 Subd. 1 (W) Restaurants, café or coffee shops, delicatessen, ice cream shop, or similar P P P City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-6 BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Retail Sales and Services -12,000 SF or Less P P P 153.300.030 Subd. 1 (X) Retail Sales and Services – 12,000 SF – 25,000 SF CUP CUP 153.300.030 Subd. 1 (X) Retail Sales and Services – greater than 25,000 SF CUP 153.300.030 Subd. 1 (X) Rural Event Facility CUP CUP CUP CUP 153.300.030 Subd. 1 (Y) Self-Storage Facilities, mini- storage, Cold Storage enclosed CUP 153.300.030 Subd. 1 (Z) Signs A A A A A A A A A Sports and Fitness Clubs if less than 4,000 SF P Sports and Fitness Clubs, greater than 4,000 SF CUP Storage of Hazardous Materials P/CUP P/CUP P/CUP P/CUP P/CUP P/CUP CUP 153.300.030 Subd. 1(CC) Studios – Artists, Dance, Design Decorating, Music, Photography, and Similar P P P Temporary Outdoor Retail Sales AP AP AP Temporary Produce Stands A A A A A A A A A Theaters (indoor) P P Vacation or Short-Term Rentals (VRBO or Similar) IUP IUP IUP IUP IUP IUP IUP IUP 153.300.030 Subd. 1 (GG) Veterinary Clinic (domestic animal) P P P Veterinary Clinic (farm animal) CUP Warehousing, Related Offices and Distribution P Wholesaling P P P Winery (Farm) CUP CUP CUP CUP CUP 153.300.030 Subd. 1 (E) Yard Waste Facilities CUP CUP CUP 153.300.030 Subd. 1 (KK) Public, Semi-Public, and Utility Uses Arts and Heritage Center CUP Campgrounds, accessory to a public recreation facility CUP CUP City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-7 BASE ZONING DISTRICTS A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Cemeteries CUP CUP CUP CUP CUP CUP 153.300.030 Subd. 1 (F) Columbaria, Accessory to a Place of Worship A A A A A A Essential Services P P P P P P P P P 153.300.030 Subd. 1 (H) Essential Services – Transmission Facilities or Utility Substation CUP CUP CUP CUP CUP CUP CUP CUP P 153.300.030 Subd. 1 (H) Golf Courses, Driving Ranges, Clubhouse CUP CUP 153.300.030 Subd. 1 (I) Government Uses, Buildings and Storage CUP CUP CUP CUP P P P P Institutional Uses CUP Museums CUP CUP P P Place of Worship CUP CUP CUP CUP CUP CUP CUP Public parks and Recreation Facilities P P P P P P P Solar Energy Systems – Local Service (Local SES) P P P P P P P P P 153.300.030 Subd. 1 (AA) Solar Energy Systems – Distribution Scale (Distribution SES) CUP CUP CUP 153.300.030 Subd. 1 (BB) Schools CUP CUP CUP CUP P P P Wind Energy Conversion System (WECS) CUP CUP CUP CUP CUP CUP CUP CUP 153.300.030 Subd. 1 (II) Wireless Communication Antennas and Towers CUP CUP CUP CUP CUP CUP CUP CUP 153.300.030 Subd. 1 (JJ) City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-8 Table 153.300.020-3. Table of Uses by Overlay District OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 Use Specific Regulations Section Reference Land Use Lower St. Croix River Corridor Overlay Shoreland Management Overlay Aggregate Mining Overlay Floodway Overlay Flood Fringe Overlay Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table P P P Chapter 154, Chapter 156, Washington County Development Code Chapter 5 Conditionally Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table CUP CUP CUP Chapter 154, Chapter 156 Aggregate Mining and related activities CUP Chapter 154, Chapter 155, Chapter 156, Washington County Development Code Chapter 5 Agriculture, and accessory agricultural uses P P Washington County Development Code Chapter 5 Single-family Residential, detached P P P P Chapter 154, Chapter 155, Chapter 156, Washington County Development Code Chapter 5 Accessory residential uses, including Accessory Dwelling Unit (ADU) CUP 153.300.030 Subd. 1 (C); Chapter 156, Washington County Development Code Chapter 5 Open Space, Parks and Wildlife/Nature Preserves and Conservancy P P P Chapter 154, Chapter 156 Private and public boat launching ramps CUP P Chapter 154, Chapter 156 Residential lawns, gardens and play areas (above OHWL) P P Chapter 154, Chapter 156 Parking areas P P Chapter 154, Chapter 156 Marinas, boat rentals, docs, piers, wharves, and water control structures CUP CUP Chapter 154, Chapter 156 Railroads, streets, bridges, utility transmission lines and pipelines P CUP Chapter 154, Chapter 156 Filling or grading P/CUP P/CUP P/CUP CUP CUP Chapter 154, Chapter 156 Structural works for flood control (levees, dikes and floodwalls) CUP CUP Chapter 154, Chapter 156 Feedlots – new, any size Chapter 154 Feedlots – expansion or resumption of existing Chapter 154 Forest Management P P Chapter 154 Forest Land Conversion Chapter 154 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-9 OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 Use Specific Regulations Section Reference Extractive use P Chapter 154 Mining of metallic minerals and peat Chapter 154 Solar Energy Systems – Distribution Scale (Distribution SES) CUP 1The Floodway District includes those areas shown on the Flood Insurance Rate Map (FIRM) on file at the City Hall as being within Zone AE and are at or below the ordinary high water level. 2The Flood Fringe District includes those areas shown on the FIRM as being within Zone AE that are above the ordinary high water level. Any areas within the General Flood Plain District as shown on the FIRM must have a determination made that such land would meet the definition of Flood Fringe to develop with any permitted or conditionally permitted use noted within the Flood Fringe Overlay District. 153.300.030 USE SPECIFIC REGULATIONS Subd. 1. Summary. The follow performance standards are established and must be met to obtain the applicable permit as identified on Table 2. Table of Uses by Base Zoning District. The standards which follow are the minimum required standards, and if listed as a conditional use, additional standards or reasonable conditions may be placed on any approved permit for the requested use. All uses shall comply with the rules and regulations of the Base Zoning District, Special District and Overlay Districts where applicable. Any use must also meet the rules and regulations any other applicable agencies with jurisdiction of the subject use including Local, State and Federal agencies. (A) Accessory Dwelling Unit. An Accessory Dwelling unit (ADU) shall comply with all the following standards: I. No more than one ADU is permitted on a lot. II. The ADU must be owned by the same owner or owners of the principal residential or commercial structure. III. No separate curb cut is permitted for the ADU. IV. The ADU must be connected to an approved on-site waste disposal system that is sized adequately to support the new ADU and the existing Principal Structure. V. The ADU is subject to the same zoning dimensional setbacks and height standards identified in the Base Zoning District. VI. When calculating density an ADU is not counted as a density unit. VII. Administrative Permit Requirements: a. Recorded Covenant Required. Prior to issuance of the City’s Administrative Permit authorizing an ADU, the owner(s) must file with Washington County Recorder’s Office a covenant running from the owner(s) to the City of Scandia acknowledging the owner’s agreement to restrict use of the principal and ADU in compliance with the requirements of this UDC. b. Covenant Requirements. The covenant must run with the land and is binding upon the property owner, their heirs and assigns, and upon any parties subsequently acquiring any right, title or interest in the property. The covenant must be in a form prescribed by the Zoning Administrator and must include the legal description for the lot. The property owner(s) must return the original covenant with the recording stamp to the Zoning Administrator before the permit for the ADU is issued. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-10 c. Application. The owner must make a complete Application to the Zoning Administrator as described in Section [153.500.050 and 153.500.060] of this UDC. d. Notification. Upon the determination that a complete application has been submitted that the property is eligible to receive the required permit, the City will notify all property owners adjacent to the lot where the ADU is proposed in writing of the application, and adjacent property owners will have seven (7) days in which to submit comments or concerns about the application. e. Revocation. If a permitted ADU or the property for which a permit has been issued fails to meet the requirements of the permit, or if a property for which a permit has been issued becomes ineligible for such permit, the permit may be revoked upon the determination by the Zoning Administrator that the noncompliance and/or ineligibility issues cannot or have not been resolved. If a permit is revoked, occupation of the unit by a person or persons other than the family occupying the principal dwelling unit shall cease within 60 days of the date of the revocation. f. Appeals. Determinations pertaining to the continuing compliance and/or eligibility of a permit or property for an ADU permit are subject to appeal to the City Council. VIII. A lifetime, non-transferrable Accessory Dwelling Unit Occupancy Permit shall be required from the Zoning Administrator to allow an ADU to be rented. For purposes of this provision, a “rented” ADU is one that is being occupied by a person or persons other than the family occupying the principal dwelling unit. Each property owner seeking to rent an ADU or occupy an ADU while renting the principal dwelling unit, shall apply for a new Occupancy Permit. a. Conditions. The City may impose conditions on the issuance of an ADU occupancy permit. Such conditions shall be directly related to, and shall bear a rough proportionality to, potential impacts of the ADU. IX. ADUs internal to Principal Structure. Accessory Dwelling Units that are internal to a principal structure shall comply with the following requirements: a. ADUs that are internal to a principal structure are permitted in all Zoning Districts. b. Internal ADUs are limited to 1,500 square feet in floor area. In no case shall the floor area of the internal ADU exceed the floor area of the first floor of the primary structure or accessory structure. c. The creation of the ADU must not create additional entrances facing the public street on the primary structure. d. The appearance or character of the principal building may not be significantly altered to create the ADU so that its appearance is no longer that of a single-family dwelling or principal use. e. The primary exterior materials of the ADU must match the primary exterior materials of the principal structure, unless it is located within an existing structure that does not match the primary structure. f. The ADU must abide by the primary structure setbacks. X. Detached ADUs. Accessory Dwelling Units that are detached from the principal structure shall comply with the following requirements: a. ADUs that are located within a detached accessory buildings are permitted in all zoning districts. b. The footprint of the ground floor of a detached ADU must not exceed 1,000 square feet, and the total floor area of the ADUS may not exceed 1,500 square feet. When a lot includes a detached ADU, the combined floor area of the footprint of the detached ADU, and all other accessory structures on the lot must be consistent with the number and size of accessory structures permitted by Section [153.200.030]. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-11 c. The detached ADU must be sited in the rear or side yard of the primary residence, and may not be located closer to the road right-of-way than the principal structure without a variance unless the following conditions are met: The ADU must be consistent with Architectural Standards identified in Section [153.400.040]. The ADU is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and All setbacks are met. Design Standards shall not apply to a unit that is located within a barn, silo, or historic structure. d. Design Standards for detached ADUs on lot sizes of 4 acres or less: The exterior finish material must match in type, size, and placement, to the exterior finish material of the principal building. The ADU must be consistent with Architectural Standards identified in Section [153.400.040]. The roof pitch shall match the predominant roof pitch of the principal building. Design Standards shall not apply to a unit that is located within a barn, silo, or historic structure. (B) Agricultural Business- Seasonal. Seasonal agricultural businesses must comply with all of the following standards. I. The product sold on the property must be grown, raised, or sourced on the property. No sale of product is permitted on any road right-of-way. II. Any temporary structure placed on the property for such sales must be removed at the end of the selling season. The size of the temporary structure may not exceed 120 square feet. III. If deemed necessary by the Zoning Administrator, off-street parking may be required. IV. All structures, including temporary structures, must meet the minimum setback requirements of the zone in which they are located. (C) Agritourism Enterprise. Agritourism uses must comply with all the following standards; I. Agritourism Uses must be consistent with and support the Character Area in which the facility is located and must be compatible with the surrounding neighborhood and uses. II. Districts and Permits. a. Exception. Private, “by-invitation-only” events such as family weddings or memorial services, family reunions, birthday parties, or similar occasional private events are not considered events that are part of this use, and are not counted when determining whether a zoning permit is required for an Agritourism Enterprise. b. Agritourism Uses or Enterprises that include six (6) events or less are permitted in the AG-C, RR- G, RR-N and R-C Zoning Districts, and must be accessory to the principal residential or agricultural use of the property. Any event that proposes sounds amplification of any activities outdoors must obtain an Special Events Permit. c. Any proposed Agritourism Use or Enterprise that holds more than six (6) events in a calendar year must obtain a Conditional Use Permit. The proposed Agritourism Use will be processed consistent with the standards established for Rural Event Facilities. III. Agritourism Uses or Enterprises must comply with all the following standards: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-12 a. The minimum lot size for Agritourism Uses is 5.0 acres. 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, unless otherwise conditioned by the City through the land use application process. Any on-site sewage treatment facilities needed must meet the Washington County SSTS Regulations. c. The Agritourism Use must be directly accessed from a public roadway. d. The Agritourism Use must provide on-site parking sufficient to handle all guest, staff, vendor, and owner vehicles. Facility parking is not permitted on public streets. e. Any sign used for the promotion or advertisement of the Agritourism Use must conform to the requirements and standards of the Base Zoning District where it is located, and any other applicable standards established in Section 153.400.040. f. The Agritourism Use must comply with all rules and regulations of Federal, State, County and Local Agencies. (D) Bed and Breakfasts. Bed and Breakfast facilities shall comply with all of the following requirements: I. It is intended that a Bed and Breakfast facility be a converted or a renovated single-family residence, and that the character and function of the principal structure for single-family use is maintained. No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility, and 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. II. Primary entrance to the guest rooms shall be from within the single-family residence. III. Guests are limited to a length of stay of no more than thirty consecutive days. IV. 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. V. 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. VI. On-site parking must be provided consistent with Section [153.400.070]. (E) Brewery, Cidery, Winery or Micro Distillery. A brewery, cidery, winery or micro distillery are conditionally permitted within the Zoning Districts as identified in Table [153.300.020-2]. The following standards and regulations must be met. I. General Standards. a. A full plan set must be prepared by a licensed architect, or similarly qualified individual, consistent with the requirements identified in Section [153.500.050 and 153.500.060]. The submitted plans must include floor plans that clearly identify the activities proposed within each area of the facility. b. All parking must meet standards established in Section [153.400.070]. The required parking may be met on-site, or by a combination of on-site and on-street parking. The number of stalls required will be calculated based on the floor plans and any planned outdoor gathering areas. c. The proposed operation must be located on a public right-of-way, and access must be obtained from the applicable agency with jurisdiction of the road. Any required improvements to the roadway needed to support the operations will be the responsibility of the owner/operator. d. The proposed building, whether new or reuse of an existing structure, must meet the requirements and standards established in Section [153.400.040] of this UDC. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-13 e. Outdoor activities, events, vineyard tours, gathering areas, etc., must be identified on the site plan and described within the narrative. f. The site must be supported by adequate utilities including, but not limited to, water supply and wastewater services. The operation must demonstrate that adequate services are on-site, or will be constructed, to serve the proposed use. If municipal services are available to the site, the proposed operations must hook up to the municipal supply. If private utility services are proposed, appropriate permitting must be obtained. g. A full operations plan must be submitted with the application to describe, at a minimum, the hours of operation, number of employees, traffic management plan, and site security plans. h. Agricultural production onsite to support the proposed brewery, cidery, winery or distillery must be incorporated in site plans, and described as part of the operations in the submitted narrative. i. Any proposed food service must be accessory to the proposed use as a brewery, cidery, winery or distillery unless a separate Conditional Use Permit is obtained for restaurant services. j. Sale of retail goods that support the business must be promotional and branded/directly applicable to the operations. k. Any additional uses will require a separate Conditional Use Permit, and such proposed use must be on the Table of Uses. II. Brewery or Cidery Standards. a. Any proposed brewery or cidery must comply with the standards established within Minnesota State Statutes for operations including on and off-sale standards, licensing, etc. b. If the proposed operations abut a residential use any building used as part of the business must double the required setback as identified in the Base Zoning District from any shared lot line. III. Winery Standards. a. Any proposed winery will be classified as a Farm Winery and must comply with the standards established within Minnesota Statute for operations including, but not limited to, on and off-sale standards, appropriate licensing, etc. b. If the proposed operations abut a residential use the setback of any part of the property used as part of the winery (including grapes, gathering areas, etc.) must double the required setback as identified in the Base Zoning District from any shared lot line. IV. Micro Distillery Standards. a. Any proposed Micro Distillery must meet and comply with the standards established by Minnesota State Statutes and licensing. b. Operations exceeding the Micro Distillery standard as established by the Minnesota State Statute are not permitted. c. Any proposed Micro Distillery must be served by municipal water and must be hooked up to the municipal system. (F) Cemeteries. Cemeteries must comply with all of the following standards: I. The minimum lot area is 5.0 acres, unless the cemetery is associated with a place of worship. II. The site proposed for a cemetery or cemetery expansion may not interfere with the development of a system of collector or larger streets in the vicinity of the cemetery site. III. Burial plots, grave markers, monuments, columbaria and buildings operated in connection with a cemetery must meet the building setbacks and structure height requirements of the Base Zoning District. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-14 IV. Graves and structures used for interment must be setback 50 feet from wells. (G) Drive-through Businesses. Any business that is permitted or conditionally permitted in the V-C, V-HC or R-C Zoning Districts may include drive-through services. All drive-through businesses must comply with the following standards. I. The business must have direct access to a minor arterial street, collector or service road. II. The circulation plan must be reviewed and approved by the City Engineer, and the drive-through must share the access with either the ingress or egress into the site. III. All portions of the drive through facilities including, but not limited to service windows, ordering stations, and stacking spaces, must be set back at least 300 feet from residentially zoned or guided property, unless it is screened by an intervening building or located across an arterial or major collector street. IV. The public address system for the business must not be audible from any adjacent residentially zoned or guided property and must comply with the noise standards established in [Chapter X] of the City’s Code of Ordinances. V. Vehicle Stacking. Vehicle stacking will be measured from and including the last pick-up station window. The following required stacking spaces are required: a. Banks containing less than 6,000 square feet of gross floor area with one drive through lane must provide stacking space for at least five vehicles. If more than one drive through lane is present stacking for at least three vehicles per lane is required. Any bank larger than 6,000 square feet must follow subsection (c). b. Pharmacies with one drive through lane shall provide stacking for at least five vehicles, and with two lanes must provide stacking for at least three vehicles per lane. c. All other uses. Businesses with one drive through lane must provide stacking space for at least eight vehicles, and businesses with two or more drive through lanes must provide stacking space for at least five vehicles per lane. VI. The business must demonstrate that the drive through will not significantly lower the existing level of service on streets and intersections. VII. Alcoholic beverages may not be sold or served from the drive-through. VIII. All elements of the drive through service area, including but not limited to associated signage, order status, teller windows, and vehicle lights from the stacking lanes, must be screened from adjacent residentially zoned or guided land. IX. Businesses with drive-through service must be designed in a manner that allows drivers not using the drive-through, or wishing to exit the drive through area, to bypass the drive-through lane. (H) Essential Services – Utility Substation. Essential service must comply with all of the following standards. I. 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 must have adequate area so that all structures and/or facilities comply with the required setbacks for the Base Zoning District. II. When the utility no longer needs the lot or parcel for the intended use, the parcel must be returned to its original condition. The City may require a financial guarantee to ensure compliance with this standard. III. The area of the site used for the utility facility or structure must be landscaped to provide adequate screening from property lines and the road right-of-way. (I) Golf Courses, Driving Ranges and Clubhouses. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-15 I. Golf Course 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. II. Performance Standards. A golf course and its accessory uses must meet all of the following standards: a. Landscaping must be planted to buffer the use from adjacent residentially zoned or guided land. The landscape plan must comply with the standards established in Section 153.400.060 and must be reviewed and approved as part of the Conditional Use Permit. b. Storage and use of pesticides and fertilizers must meet the Minnesota Department of Agriculture standards and regulations. A plan must be submitted at the time of application 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. III. Golf Driving Range. A golf driving range must meet all the following standards: a. The Minimum lot area for a driving range is 35 acres. The site must be large enough so that safety netting is not necessary. b. No lighting is allowed except for security lighting. c. A 150-foot setback from all property lines to the outer boundaries of the driving range fairway is required. d. A maximum of 25 hitting tees are permitted. e. Miniature golf holes or any other amusement type activities are prohibited. f. Access shall be from a collector or arterial street. g. One office/storage building is permitted. The structure shall meet the setback requirements of the Base Zoning District in which it is located. The use of the structure shall only be for the golf driving range. h. A public address system is prohibited. i. No separate liquor license is permitted for a Driving Range. j. One business identification sign is allowed and must comply with the requirements established within Section [153.400.040 and Section 153.400.100]. k. Sanitary facilities must be provided or must be available to all customers at the golf course or clubhouse. l. No food preparation is permitted on site. m. The facility must be open-air. A domed or any other type of covered facility is prohibited. (J) Home Occupations. A home occupation must comply with all the following standards: I. No person other than the residents of the premises and no more than 1 employee not residing on the premises may be engaged in such home occupation. II. No traffic generated by any home occupation in greater volume than would normally be expected from a single-family residence is permitted. III. Any sign associated with the home occupation must comply with all regulations for signs as provided by Section [153.400.100]. IV. A home occupation with an on-site sewage treatment system must only generate normal domestic household waste, unless a plan for off-site disposal of the waste is approved by the City. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-16 V. Generation, use or storage of hazardous materials or explosives, creation of radiation or electrical interference, creation of any nuisance as defined by Subsection [KK] is prohibited. VI. Exterior storage, include outdoor display of storage of goods, equipment, or materials, is prohibited. VII. The outdoor display or storage of goods, equipment or materials for the home occupation is prohibited. VIII. Parking needs generated by the home occupation must be provided on-site. IX. The home occupation must be carried out within the principal building or accessory buildings and may not alter or change the exterior character or appearance of the property. X. Any home occupation that proposed to exceed the standards or criteria established herein, provided that such proposed activities are not expressly prohibited within this UDC, shall obtain a Conditional Use Permit. It shall be the responsibility of of the homeowner to demonstrate that such use is consistent with the uses permitted within the Table of Uses, and that the use is compatible with the neighborhood and surroundings. (K) Horse Training Facilities. I. All private and commercial horse training facilities must comply with all of the following standards: a. Horse training facilities must meet the setback and size requirements for detached domesticated farm animal buildings and agricultural farm buildings as indicated in Section [153.200.030]. b. Horse training facilities equipped with wash stalls must have a separate drainage and septic system from the principal structure. c. An individual sewage treatment system must be installed with the capacity to handle waste and hosings from the horse training facility. d. All horse training facilities must meet the animal density per acre and livestock operation requirements in Section [153.300.030(P)]. II. Commercial horse training facilities must meet the following additional standards: a. One full time employee for the horse training facility may reside at the property. Living quarters for the employee must obtain a Building Permit and comply with the Building Code. b. Every commercial horse training facility, or portion thereof, where the public is served must provide sanitary facilities. c. The property owner of land to be used for a horse show must provide information on traffic volume, number of participants, sanitary service, and human and animal waste disposal. All events must comply with any applicable licensing or permitting requirements for special events. d. A manure management plan is required. (L) Keeping of Animals. I. The keeping of animals accessory to residential and agricultural uses in all zoning districts is limited to domestic pets and domestic farm animals, subject to the restrictions of this Section as applicable to horse training facilities, kennels, and livestock and livestock operations. II. The keeping of wild or exotic animals is prohibited in all Zoning Districts. (M) Kennels-Commercial. Commercial kennels must comply with all of the following standards: I. The minimum lot area required for commercial kennels is 10 acres. II. The confinement, care or breeding of animals must be within an enclosed structure and must be setback a minimum of 100-feet from any property line, and 50 feet from any water supply well. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-17 III. An individual sewage treatment system must be installed with the capacity to handle waste and hosings from the kennel and kennel runs. IV. The above standards may be waived for kennels accessory to a veterinary clinic. A kennel accessory to a veterinary clinic must be enclosed completely within the principal structure. V. The applicant must demonstrate that the proposed operation will not cause negative effects on neighboring properties or on the general health and welfare of the City. (N) Kennels – Private. Private kennels must comply with all of the following standards: I. The number of animals kept on the premises must comply with the limits stated in the Interim Use Permit. II. Adequate facilities for the care and keeping of the animals is required, and such facilities must be maintained. III. The applicant must demonstrate that the proposed operation will not cause negative effects on neighboring properties or on the general health and welfare of the City. (O) Light Manufacturing and Assembly. I. Accessory Uses to Light Manufacturing and Assembly include the following: a. Exterior Storage is permitted as an accessory use to the permitted use and must comply with all the following standards: The exterior storage must be located to the rear of the building. The exterior storage area must be fenced and screened from view of State, County, and City roadways and all property lines. b. The light manufacturing and assembly facility may contain a retail sales room provided it meets the following standards: Retail sales are limited to those products which are produced by the manufacturing use. Retail sales use may not occupy more than 20% of the light manufacturing building. c. All overhead doors and loading and unloading areas to the facility must be located on the side or rear of the building provided these areas are screened from view of State, County, and City roadways. Landscaping and screening shall be provided according to the requirements of Section [153.400.060]. (P) Livestock and Livestock Operations. I. Animal Density. Livestock and livestock operations must comply with all of the following standards regardless of the number of animal units on the property or whether a permit is required: a. No livestock, with the exception of fowl, may be kept on any site of less than 5 acres. For purposes of this section, 5 acres may include the road right of way. II. The following equivalents shall apply when determining animal units per acre: Table 153.300.030-1. Animal Units Per Acre Equivalents Livestock Animal Units One mature dairy cow 1.4 One slaughter steer or heifer 1.0 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-18 One horse 1.0 One swine over 55 pounds 0.4 One swine under 55 pounds 0.05 One goose or duck 0.02 One goat or sheep 0.1 One turkey 0.018 One chicken 0.01 One llama 0.5 III. For animals not listed above, the number of animal units will be defined as the average weight of the animal divided by 1,000 pounds. IV. A minimum of 2 acres is required for each animal unit or its equivalent on parcels that are five (5) acres in size or larger. The keeping of livestock in greater density than allowed as stated above requires the owner to obtain an Interim Use Permit. To obtain the Interim Use Permit, the applicant must demonstrate that facilities are present and that appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise and other nuisances. V. Domestic Fowl on Lots Smaller than Five Acres. a. The minimum acreage and animal density requirements are waived for the keeping of domestic fowl (chickens, turkeys, geese or ducks) on lots smaller than five (5) acres provided the standards in this Section are met. The minimum lot size of parcels in the Shoreland Management Overlay District includes only the area of the parcel that is above the Ordinary High Water Level (OHWL). b. The keeping of up to five (5) domestic fowl on a lot that is smaller than five (5) acres does not require a permit. c. The total number of domestic fowl may not exceed ten (10) fowl per acre on a parcel that is between one (1) and five (5) acres in size. Up to five (5) domestic fowl are permitted on a parcel that is less than one (1) acre in size. d. The principal use of the property must be single-family residential and contain a single-family residential structure. Domestic fowl are not permitted on vacant properties or those containing multi-family residential uses. Coop structures used to house domestic fowl that are greater than 120 square feet in size must comply with the accessory building standards established in Section [153.200.030]. e. The keeping of domestic fowl on lots smaller than five (5) acres must comply with the following standards: Hen chickens are permitted. Roosters are prohibited. All chickens shall be of the subspecies Gallus gallus domesticus. All fowl species kept on parcels smaller than five (5) acres must be domesticated varieties. Guineafowl are prohibited (members of the Family Numididae, genus Agelastes, Numida, Guttera, or Acryllium) and Peafowl (Peacocks) are prohibited (Pavo cristatus, Pavo muticus, and Afropavo congensis). Fowl may be slaughtered on the property in locations that are not visible to the public or adjacent properties. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-19 If the coop is larger than 120 square feet, the owner must obtain a building permit. If electricity is to be provided for hearing or lighting, the owner shall obtain an electrical permit. Coops, pens and other structures for domestic fowl must meet the structure setback requirements of the Zoning District where the parcel is located, plus all permanent coop structures must meet the following minimum setbacks from dwellings on adjacent properties regardless of lot size: Table 153.300.030-2. Domestic Fowl Structure Setbacks Number of Fowl Required setback from dwellings on adjacent properties 1-10 20 feet 11-20 40 feet 21-30 60 feet 31-40 80 feet 41-50 100 feet Coops, pens and other structures for domestic fowl must be located in rear yards only. If the physical characteristics of the property do not permit the coop to be located within the rear yard, the property owner may request approval of an Administrative Permit to locate the coop in the front or side yard. No person may allow domestic fowl to range outside her/his property boundaries. Structures and areas in which domestic fowl are kept or maintained, including coops and pens, must be kept reasonably clean from filth, garbage, and any substances which attract rodents. Domestic fowl may not be kept in such a manner as to constitute a public nuisance as defined by the City Code. The City may revoke a Permit if the animals become a nuisance. The City may enter and inspect any property, including the coop and back yard, at any reasonable time for the purpose of investigating a reported violation or to ascertain compliance or noncompliance with the City Code. (Q) Feedlots. I. Purpose. The purpose and intent of the regulations that follow is to regulate feedlots consistent with the Minnesota Pollution Control Agency (MPCA) standards. a. Prohibited. The City of Scandia prohibits Confined Animal Feeding Operations (CAFOs), as defined and regulated by the United States Environmental Protection Agency (EPA). II. Required Setbacks: Feedlots must meet the following minimum requirements, and any applicable MPCA setback regulations. Table 153.300.030-3. Feedlot Setback Requirements Adjacent Use Minimum Setback Parks, excluding trails 100 feet DNR protected stream or lake 100 feet Wetlands 100 feet Private well 100 feet City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-20 III. A manure management plan is required for any Feedlot meeting the MPCA’s minimum standards. IV. The construction of an earthen waste storage basin is permitted provided that: a. The structure may 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. b. The design of the structure must 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. (R) Motor Vehicle, Recreational Vehicle or Boat Sales. Motor vehicle, recreational vehicle or boat sales must comply with all of the following standards. I. The minimum lot size for any motor vehicle, recreational vehicle or boat sales is 2.5 Acres. II. The minimum required lot width at the front yard setback line is 150 feet. III. The parking area for the outside sales and storage area must be hard-surfaced before the operation of business begins and maintained to control dust, erosion and drainage. IV. The maximum area permitted for outside storage of vehicles or boats, new and used, may not exceed five (5) square feet of outside storage area to 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 9-feet wide and 18-feet in length. V. Interior concrete or asphalt curbs must be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs must be a nominal six (6) inches in height. VI. All areas of the property not devoted to building or parking areas must be landscaped, and must comply with the landscape standards established in Section [153.400.060]. (S) Motor Vehicle Repair. Motor vehicle repair establishments shall comply with all of the following standards. I. A drainage system for collection of any hazardous material run-off must be installed. Such system shall be subject to approval by the City Engineer. II. The entire site, other than that devoted to structures and landscaped areas, must be an impervious surface and maintained for control of dust, erosion and drainage. III. No vehicles may be parked on the premises other than those utilized by employees, customers awaiting service or as allowed through a Conditional Use Permit. Storage of salvage vehicles is prohibited. IV. Painting of vehicles, or similar services, may only be permitted with a Conditional Use Permit in the I-P Zoning District. V. All areas utilized for the storage and disposal of trash, debris, discarded parts and similar items must be fully screened. All structures and grounds must be maintained in an orderly, clean and safe manner. VI. Landscaping must be planted to buffer the use from adjacent residentially zoned and guided land. A landscape plan must be submitted to comply with Section [153.400.060] as required by Section [153.500.050 and 153.500.060] for application of Conditional Use Permit. (T) Motor Vehicle Service Station. Motor vehicle service stations must comply with all of the following standards: I. The minimum lot width at the front yard setback line is 150 feet. II. The setbacks of all buildings, canopies and pump islands must comply with the standards of the Zoning District in which the use is located. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-21 III. A drainage system for collection of hazardous materials must be installed. Such installation is subject to approval by the City Engineer. IV. The entire site other than that devoted to structures and landscaped areas, must be an impervious surface and maintained for control of dust, erosion and drainage. V. Wherever fuel pumps are installed, pump islands must be installed. Pump islands may not be placed in the required yards. VI. Interior concrete or asphalt curbs must be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs must be six inches in height, except at approved entrances and exits. VII. No vehicles may be parked on the premises other than those utilized by employees, customers awaiting service or as allowed through a Conditional Use Permit. Storage of salvage vehicles is prohibited. VIII. Exterior storage is limited to vehicles, service equipment and items offered for sale on pump islands. Exterior storage of items offered for sale must meet all required setbacks and must be located in containers such as racks, metal trays and similar structures designed to display merchandise, or as may otherwise permitted within the Conditional Use Permit. IX. All areas utilized for the storage and disposal of trash, debris, discarded parts and similar items must be fully screened. The site, including all structures must be maintained in an orderly, clean and safe manner. X. Landscaping must be planted to buffer the use from any adjacent residentially zoned or guided land. A landscape plan must be submitted to comply with Section [153.400.060]. (U) Multi-family Residence (5 units+) OR Single-Family Residence-Attached (duplex, triplex, fourplex). Multi- family Residential Uses containing five or more units, or any Single-Family attached residential uses including duplex, triplex and fourplex units shall comply with all of the following standards: I. The number of permitted dwelling units must be consistent with the Future Land Use Map contained in the Comprehensive Plan and the Base Zoning District requirements in which the property is located. a. The maximum density in the V-N, V-C and V-HC Zoning Districts may only be developed if the proposed development is served by municipal sewer and water. b. Any lot(s) or parcel(s) that are not served by public sewer and public water must demonstrate that the proposed multi-family or single-family residence-attached development meets all on-site septic requirements as established in Washington County SSTS Regulations and that the proposed development meets all standards for the provision of safe drinking water to the residents of the development. II. Performance Standards. a. All proposed structures and uses must meet the character standards as established in Section 153.400.040 of this UDC. b. All dimensional standards, including setbacks, must comply with the standards established within the Base Zoning District in which the proposed use is located. c. The proposed building must be setback a minimum of 30-feet from any adjacent principal building. d. A buffer of at least 50 feet must be provided between the lot line of a single-family detached residential lot and the multi-family or single-family attached structure. This buffer must be landscaped and may include a combination of berms, deciduous and/or coniferous trees, and fencing to screen the multifamily or single-family residence-attached development from single- family residence-detached uses. (V) Residential Facilities, State-Licensed. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-22 I. All appropriate licenses must be obtained from State and County agencies. II. The exterior character or appearance of any dwelling unit used for a state-licensed residential facility may not be altered. III. No residential facility may 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. IV. Performance Standards for Residential Facilities serving 7 to 16 individuals. The following standards shall be met. a. The use must comply with the standards and requirements of Section [153.400.080] for off-street parking. b. Adequate utilities including sewage disposal must be provided and appropriate permits obtained. c. State-licensed residential facilities may not be located 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. (W) Resorts/Conference Facilities. I. Permitted Uses. a. Overnight lodging to serve visitors of the resort or conference facility. b. Recreational facilities including but not limited to racquet sports facilities, nature trails, bike paths, and ski areas. c. Meeting rooms. d. Restaurant and lounge. II. Performance Standards. Resorts/conference facilities must comply with all of the following standards. a. The minimum lot size for any resort or conference facility is 50 acres. b. At least 50% of the site must be dedicated to permanent open space, where open space excludes streets and parking areas. c. No more than 50 units of overnight lodging is permitted. d. The maximum density may not exceed one overnight lodging unit per acre. e. Meeting/conference facilities may not exceed a capacity of 100 persons. f. All uses in the resort must be compatible with each other through the use of special design, placement or screening. Architecturally, the structures must blend in with the natural environment. (X) Retail Sales and Services. Retail sales and services are any establishments where goods or services are bought and sold, and where patrons and customers visit the location. Examples of retail sales and services include, but are not limited to clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and clients and/or customers predominantly visit in-person. All retail sales and service operations must comply with the following standards. I. General Standards. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-23 a. All proposed retail operations must provide adequate parking for employees and customers. Required parking may be accommodated on-site, on road right-of-way where permitted, in a shared parking lot, or any combination thereof meeting the required number of stalls as stated in [153.400.080]. b. Any required parking proposed to be met through a shared parking lot, must be granted and agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement acceptable to the City Attorney. II. Operations less than 12,000 Square Feet. Retail sales and services less than 12,000 square feet are permitted within the V-C, V-HC and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must be consistent with the Character standards established in Section 154.400.040 of this UDC. Building and site design should encourage a walkable, pedestrian friendly scale using signs, awnings, planters and other streetscape elements. Existing shop fronts should be reused where possible, and new buildings or structures should incorporate transom windows, shop fronts, and other historic design elements to clearly delineate the main entrance. III. Operations between 12,001 and 25,000 Square Feet. Retail sales and services from 12,001 to 25,000 square feet are conditionally permitted in the V-C and R-C Zoning Districts and must comply with the following standards. a. Proposed buildings and reuse of existing buildings must comply with the architectural standards established in Section 154.400.040 of this UDC. The following additional standards are provided: The front-facing primary façade may not include a span longer than 25-feet without a plane break. The break may include a change in materials, actual offset of the building plane, or other architectural detail that visually breaks the façade. The main entrance or front door must be defined and clearly articulated. Porticos, columns, awnings, signage, shopfronts, windows, and other types of architectural detail should be incorporated consistent with the architecture of the building. IV. Operations larger than 25,000 Square Feet. Retail sales and services larger than 25,000 square feet are conditionally permitted in the I-P Zoning District and must comply with the following standards. a. A traffic study or memo may be required, depending on the size, to ensure adequate access is provided for egress/ingress into the site. b. Shopping Centers, or other large volume sizes, must have direct access to an arterial or collector roadway as shown on the Official Zoning Map. (Y) Rural Event Facility. I. Rural event facilities must be consistent with the rural and historic character of the City, and must be designed and operated in a manner that is compatible with Scandia’s rural and small-town character, and may not negatively impact the community or adjacent properties. II. Permitted Districts and Uses. a. Rural Event Facilities are conditionally permitted within the AG-C, RR-G and RR-N Zoning District when accessory to a principal single-family residential use. b. Rural Event Facilities are conditionally permitted as an Accessory Use within the R-C Zoning District. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-24 III. Application requirements-CUP. An application for an CUP for a rural event facility must be accompanied by the following information, in addition to the requirements stated in Section [153.500.050 and 153.500.060]: a. A master plan of the entire property where the rural event facility 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 Sketch Plan drawn to scale (minimum 1:100) for the entire property where the Rural Event Facility is planned, and that identifies the Rural Event Activity Area within the Facility and shows the buildings and structures (existing and proposed), identifies the locations where indoor and outdoor event activities will occur, and the setbacks, driveways and access, parking areas, sewage treatment systems and well locations, and all other proposed facilities. c. Rural Events Plan—the application must include complete information about events that may be held at the Facility. 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 Rural Events Plan must 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--this plan must identify the estimated total average daily traffic (number of vehicles entering and leaving the site) generated by the rural event facility on days when events are scheduled (including visitors, deliveries, employees, etc.); estimated maximum peak hour traffic generated and estimated times of occurrence; and describe the impacts on area roadways. The Transportation Management Plan must describe any proposed traffic controls. The Transportation Management Plan must include an estimate of the parking needed to accommodate the rural event facility, and indicate the size, location and layout of parking facilities and their relationship to the entrances and exits. e. Grading Plan—if the rural event facility includes construction of a new Activity Area, buildings, parking lots or other structures, the applicant must submit a grading, drainage and erosion control plan. The plan must meet the requirements of the applicable Watershed District and the City’s Development Code. f. Landscape Plan—the application must include an existing and proposed landscape plan. The City may require landscape elements to buffer the Activity Area or facility from neighboring uses and to provide adequate screening. IV. Rural Event Facilities must comply with all of the following standards: a. .Minimum lot sizes for Rural Event Facilities: AG-C or RR-G Zoning District: 20 Acres R-C Zoning District: 5 Acres b. The total occupancy of any Rural Event Facility may not exceed 300 persons. c. Adequate utilities, including sewage disposal, must be provided. The facility may utilize permanent or portable facilities, or a combination of permanent and portable facilities. Any on-site sewage treatment facilities needed must be installed and comply with Washington County SSTS Regulations. The facility must provide supplemental portable septic and water facilities for events as required by the City. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-25 d. The rural event facility must have direct access from a public roadway and any access permit must be obtained from the regulatory authority with jurisdiction of the road. e. The rural event facility must provide on-site parking, sufficient to handle all guest, staff, vendor, and owner vehicles. Event parking on public streets is prohibited. f. Outdoor sound amplification is permitted for ceremonies only. Ceremonies include formal acts or observances that are part of an event, such as a wedding ceremony, awards presentation, acknowledgment of a significant event, or similar observance. Outdoor sound amplification of ceremonies may include amplification of voices and music that are specifically scheduled as part of the ceremony. No other outdoor sounds associated with an event, such as parties or celebrations associated with, preceding or following the ceremony, may be amplified. Events shall comply with the City’s Noise Ordinance (Ordinance 65 and its amendments). g. The Rural Event Activity Area must be located at least 100 feet from the boundaries of adjoining properties. The City may require screening of activity areas. If the facility holds events where alcoholic beverages are served, the consumption of alcohol is restricted to the Rural Event Activity Areas only and excludes the parking lots, and must meet the 100-foot setback requirement. Security staff must be provided at events if alcoholic beverages are served. h. Events may not begin before 9 AM and must cease by 10 PM. All amplified sound must conclude by 10 PM. All guests must be off the site by 10:30 PM. i. No more than four events may be scheduled on any calendar date. j. Permanent signs for the rural event facility must comply with [Sections 153.400.040 and 153.400.100]. k. The rural event facility must comply with all rules and regulations of Federal, State, County and Local agencies. Facilities must also pass inspection by the Building Official and Fire Inspector. l. The City may inspect the Rural Event Facility at any time in response to complaints or to verify compliance with these standards. (Z) Self-storage Facility (Mini-storage). Self-service storage facilities must comply with all the following standards. I. Self-storage 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. II. Interior drives must be wide enough to accommodate a parked car and a traffic lane. III. Outside storage is prohibited. IV. 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. V. The facility must be secured by either the walls of the structure and/or fencing that complies with Section [153.400.060]. All doors on the units must face inward and away from the street/right-of-way and property lines. VI. Only one entrance and exit to the facility is allowed except for an additional emergency exit. (AA) Solar Energy System – Local Service (Local SES). Local SES are a permitted accessory use in all Zoning Districts. As an accessory use, a Local SES is permitted to provide solar energy for the primary use and the permitted accessory uses on the property on which it is located, and it must comply with the following standards. I. Approvals required. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-26 a. Building-integrated, passive solar, and roof-mounted Local SES are allowed as uses in all Zoning Districts. Building-integrated and passive solar energy systems are exempt from the requirements of this section and will be regulated as any other building element. b. All Local SES require a Building Permit. A Building Permit application must be submitted and approved by the Building Official before an accessory solar energy system is installed. The information required and the procedure to be followed for all Local SES applications is the same as required for a Building Permit. In addition, the applicant must submit supplementary information pertaining to the nature of the accessory solar energy system including: Total square footage of the solar energy system. Total energy production for the site. To scale horizontal and vertical (elevation) drawings. Drawings must show the location of the system on the building or on the property including the property lines and proposed screening, if required. II. Performance Standards. a. Standards for all SES. Code Compliance. All Local SES must comply with the Minnesota State Building Code and Electrical Code. Approved Solar Components. All Local SES components must have an Underwriters Laboratories, Inc. (UL) listing. Solar Panel Glare. All Local SES must be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent street rights-of- way. Steps to control glare nuisance may include selective placement of the system, screening on the side of the solar array facing the reflectors, reducing use of the reflector system, or other remedies that limit glare. Utility Notification. No Local SES may be installed until evidence has been given to the City that the owner has notified the utility company of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement. Safety Measures. A clearly-visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. All mechanical equipment, including any structure for batteries or storage cells, must be completely enclosed by a minimum eight (8) foot high fence with a self-locking gate, and provided with screening in accordance with the screen and landscaping provisions of this Development Code. Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system will be deemed abandoned and will constitute a public nuisance. The owner must remove the abandoned system at their expense within ninety (90) days. Removal includes the entire structure including transmission equipment, structures and foundations, and the restoration of soil and vegetation. III. Roof-Mounted and Building-Mounted Local SES. a. Roof- and building-mounted Local SES are not accessory structures and are excluded from the size and number limitations for accessory structures in Section [153.200.030]. b. Building and roof-mounted Local SES must comply with the primary structure setbacks for the Zoning District on which the system is located. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-27 c. Building and roof-mounted Local SES may not exceed the maximum allowed building height in any Zoning District. d. Roof-mounted Local SES on commercial or industrial buildings must be installed so that they are compatible with the building architecture. e. Roof-mounted Local SES may not extend beyond the perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems may be allowed to extend beyond the perimeter of the building. IV. Ground-Mounted SES. a. One ground-mounted Local SES with a footprint up to a maximum eight hundred square feet (800 sq. ft.) is allowed as an accessory use in all Zoning Districts. A ground-mounted Local SES with a footprint that exceeds 800 sq. ft. will require a Conditional Use Permit. b. Ground-mounted Local SES are excluded from the size and number limitations for accessory structures permitted by Section[153.200.030]. c. Ground-mounted Local SES are excluded from the lot coverage requirements of the Zoning District if the area under the SES is permanently vegetated. d. Ground-mounted Local SES may not exceed fifteen (15) feet in height when oriented at maximum tilt. e. Ground-mounted Local SES must be screened from view from the public right of way if: 1) the Local SES requires approval of a CUP, 2) if the Local SES is placed on a parcel located on a lakeshore, or 3) if the Local SES is located within one hundred feet (100’) of a roadway right-of- way. Screening may be accomplished by using setbacks, berming, existing vegetation, landscaping, or a combination thereof. (BB) Solar Energy System – Distribution Scale (Distribution SES). Distribution SES are allowed within the AG-C Zoning District and require a Conditional Use Permit. As a principal use, a Distribution SES is permitted to the extent that it is the primary use on a property and operates to distribute energy to predominantly off-site users. Such system must comply with the following requirements. a. Districts and Size Limits. Distribution SES are prohibited in the following areas: 1. Within the Lower St. Croix River Overlay District, the Shoreland Management Overlay District and the Floodplain Overlay Districts. 2. Within wetlands to the extent required by the Minnesota Wetlands Conservation Act, and within associated wetland setback areas as designated by the City of Scandia. 3. Within any setbacks or buffer areas established within the Base Zoning District or applicable Overlay District. Distribution SES uses are exempt from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel, but must comply with the setback and lot coverage standards established in Section [153.200.030]. b. Permit Application. Existing Site Plans Required. The applicant for a Distribution SES must submit a detailed site plan of existing conditions, showing site boundaries; existing access roads, driveways, and easements; existing structures; setbacks; surface water drainage patterns, floodplains, Shoreland districts, delineated wetlands, toe and top of bluffs, ordinary high water mark and other protected natural resources; existing vegetation, soil types, topography (2-foot contour City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-28 intervals), and all other items required in Section [153.500.050 and 153.500.060] for Conditional/Interim Use Permit applications or by the City. The Existing Site Plan must be at a graphic scale not less than 1:100. Proposed Site Plan Required. The applicant must submit a site plan of proposed conditions, including the proposed number, location and spacing of solar panels; proposed height of panels; location of access roads; planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; new electrical equipment other than at the existing building or substation that is the connection point for the solar farm; proposed stormwater management facilities; proposed erosion and sediment control measures, and other information as required by the City. The Proposed Site Plan must be at a graphic scale not less than 1:100. The application must include two vertical sketch elevations of the premises accurately drawn to a scale identified on the drawing, depicting the proposed solar energy conversion system and its relationship to the surrounding topography and public roadways. The sketches must depict the proposed system’s relationship to structures on adjacent lots as viewed from six (6) feet above ground level at the residential structure wall that site closest to the solar installation, one sketch showing the view without screening and the other sketch showing the view with proposed screening. The sketch elevations must include a graphic scale not less than 1:50, or as needed to clearly show the vertical relationship between the proposed solar facilities and structures on adjacent lots. Use of Public Roads. The applicant must obtain all necessary approvals from the appropriate road authority for site access and driveways. Interconnection Agreement. The applicant must complete an interconnection agreement with a local utility and provide a copy of the agreement to the City before approval of electrical, building, or other required permits. The system operator must provide a visible external disconnect if required by the utility. Utility poles shall be limited to one interconnection pole for the solar array system. The proposed placement of all utility poles and any proposed aerially mounted equipment must be shown in any proposed plans submitted. Liability Insurance. The applicant must maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate and provide proof that it meets the insurance requirement to the City. Decommissioning Plan. The applicant must submit a decommissioning plan to ensure that facilities are properly removed after their useful life. If the Distribution SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and will constitute a public nuisance. The plan must include provisions for removal of all structures and foundations, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. The City will require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. Payment In Lieu of Taxes. Notwithstanding that Minnesota Statutes Section 272.02, Subdivision 24 (or its successor) classifies real property upon which a solar energy generating system is located that is used primarily for solar energy production (subject to the production tax under Minnesota Statutes Section 272.0295) as class 3a, the City may require the applicant to enter into a Payment In Lieu of Taxes Agreement to compensate the City for any prospective tax revenue that may be lost due to such reclassification. c. Performance Standards. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-29 The limitations on the number or cumulative generating capacity of Distribution SES is regulated by Minnesota Statutes 216B.164 and related regulations. Distribution SES must comply with all applicable Local, State and Federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code, as amended; the State Plumbing Code, as amended; and the Minnesota Energy Code, as amended. If the proposed Distribution SES is adjacent to areas designed or formally protected from development by Local, State and Federal agencies as a wildlife management area, scenic byway, or National Wild and Scenic corridor, the applicant must implement mitigation measures to protect the resource values of the designated wildlife area or scenic corridor as a condition of approval. Such measures may include, but are not limited to, maintaining wildlife travel corridors, setting the development back from the right-of-way or stream corridor, using the natural topography to screen the project, and retaining or planting vegetation that would fully obscure the view of the energy project within the scenic corridor. The nearest solar panel of the Distribution SES must be setback a minimum 75 feet from all parcel boundaries and 350 feet from existing residential structures on adjacent parcels existing at the time of the permit application. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. The nearest solar panel of the Distribution SES must be setback a minimum of 500 feet from the centerline of minor arterial roadways or 200 feet from the centerline of all other public road rights-of-way. Ground-mounted solar energy systems may not exceed fifteen feet (15’) in height when oriented at maximum tilt. Building-integrated solar energy systems when at maximum tilt may not exceed the maximum height permitted in the Base Zoning District. All components of the Distribution SES must be screened by setbacks, berming, existing vegetation, terrain, landscaping, or a combination thereof. The solar array must be screened from view from nearby or affected properties using the same screening elements, and may require a vegetative buffer of height sufficient to provide a visual screen of the solar from adjacent rights-of-way, and from residences on adjacent parcels existing at the time of installation, as viewed from six (6) feet above ground level at the residential structural wall that sits closest to the solar installation. The visual screen must fully obscure view of the solar panels during the summer months. The required screening must be achieved within four (4) growing seasons from the date of project approval. At least thirty (30) percent of the area of the vegetative buffer, as measured in square feet, must be composed of evergreen plantings interspersed throughout the screen. The City will require the posting of a bond, letter of credit or the establishment of an escrow account to ensure vegetation is installed and establishes itself as identified in the approved permit, based on an estimated cost for plantings and labor provided by the applicant. The planting and screening plan must utilize the recommended plant types described in Section [153.400.060] and must be approved by the City. Distribution SES are subject to stormwater management and erosion and sediment control best practices, including DNR guidelines on Wildlife Friendly Erosion Control, and NPDES permit requirements, and must obtain required permits from the MPCA, local Watershed District, City and others. All ground areas under solar array installs that are not occupied by equipment or essential access paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and moisture conditions of the immediate area. Plant growth must be stable and self- supporting within two (2) growing seasons from the date of project approval. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-30 All plans submitted for Building Permit approval must be prepared by a licensed, professional engineer. Power and communication lines that are not defined in this ordinance as Essential Services and running between banks of solar panels and the interconnection pole or other point of interconnection must be buried underground. Exemptions may be granted by the City in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or the distance to a substation or other point of interconnection reasonably precludes burial. All Distribution SES facilities must be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent street rights-of-way. Steps to control glare nuisance may include selective placement of the system, screening on the side of the solar array facing the reflectors, reducing use of the reflector system, or other remedies that limit glare. Distribution SES utilizing a reflector system must conduct a glare study to identify the impacts of the system on occupied buildings and transportation rights-of- way within a half mile of the project boundary. The glare study must also address aviation impacts. The surface area of posts and related equipment for ground-mounted systems in combination with driveways, structures and other impervious surfaces on the parcel may not exceed the maximum lot coverage standard of the applicable Zoning District. Any fences or barriers installed for the project must be mounted on wood posts, and may not include any chain link, barbed or razor wire. The fence may not exceed eight feet in height from the ground, and must incorporate wildlife-friendly design with a gap at the bottom for passage of birds and small animals. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. If lighting is provided at the project, lighting must be shielded and downcast such that the light does not spill onto adjacent properties. If the Distribution SES remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and will constitute a public nuisance. The owner must remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. (CC) Storage of Hazardous Materials. I. Any storage of over two thousand (2,000) gallons of oil, gasoline, diesel fuel, liquid fertilizer, chemicals and similar liquids shall require a conditional use permit. II. 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 110% of the tank’s capacity. III. 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: a. Connect the floor drain to a closed holding tank, or; b. Obtain a groundwater discharge permit from the Minnesota Department of Natural Resources. c. The storage and/or preparation are for hazardous materials with more than 25 gallons of 100 pounds dry weight shall be set back a minimum of 150 feet from a water supply well. IV. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-31 V. Dry commercial fertilizers shall not be located in areas where stormwater runoff from stockpiles could enter storm sewers, sanitary sewer or other surface or ground water. VI. Dry bulk pesticides with a dry weight of 100 pounds or more shall be stored under a roof or tarpaulin that prevents precipitation from reaching the pesticide. VII. Closed holding tanks shall be used for the collection of wash water from vehicle maintenance and other related operations. VIII. Primary containment of hazardous materials shall be product-tight, and all hazardous materials shall be stored in compliance with the rueles and regulations of Federal, State, County and local agencies. IX. 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. X. Underground storage tanks shall comply with the requirements of the Minnesota Pollution Control Agency and Federal Agencies. XI. Explosives. Uses involving the commercial storage, use or manufacture of materials or products that could detonate by decomposition are not permitted. XII. 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 emissions are hereby declared to be a nuisance. (DD) Temporary Dwelling Unit – Care Facility. Temporary dwelling units must comply with all the following requirements. I. The property is limited to one (1) temporary dwelling unit. II. The dwelling may be occupied by persons who are receiving health-related care or treatment from the occupants of the single-family dwelling to which the care facility is an accessory use, and who are related by blood, marriage or adoption to said occupants; or by caregivers for a mentally or physically-impaired person. III. The temporary dwelling unit must use the existing road access drive of the principal dwelling unit on the property. IV. The unit must be connected to an approved on-site waste disposal system. V. The property owner must submit a financial guarantee to the Zoning Administrator to ensure that the structure will be removed upon termination of the administrative permit. The amount of the guarantee will be determined by the Zoning Administrator. VI. Termination of Permit. The administrative permit will expire when the dwelling unit is no longer occupied by eligible persons as described in paragraph (II), or such earlier date as may be determined in the Administrative Permit. At the termination of the Administrative Permit, the temporary dwelling unit must be removed from the premises or converted to another conforming use within thirty (30) days. (EE) Temporary Dwelling Unit During Construction. Temporary Dwelling Units During Construction must comply with all of the following requirements. I. An Administrative Permit must be obtained for any Temporary Dwelling Unit. . II. The property is limited to one temporary dwelling unit during construction. III. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-32 IV. An Administrative Permit for the Temporary Dwelling Unit may be issued only after the building permit has been obtained for the proposed construction. a. Exception: If the Temporary Dwelling Unit is needed because of an emergency, an Administrative Permit may be issues by the Zoning Administrator. V. The Temporary Dwelling Unit must use the existing or the proposed road access drive of the principal dwelling unit under construction. VI. The Temporary Dwelling Unit must be connected to an approved on-site waste disposal system. VII. The property owner must submit a financial guarantee to the Zoning Administrator to ensure that the Temporary Dwelling Unit is removed upon termination of the Administrative Permit or the issuance of a certificate of occupancy for the new principal structure. The amount of the guarantee shall be determined by the Zoning Administrator. VIII. Termination of Permit. The Administrative Permit will 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 Administrative Permit, the Temporary Dwelling Unit must be removed from the premises within thirty (30) days. (FF) Temporary Farm Dwelling Unit – Accessory to Residential Use. Temporary farm dwellings must comply with all of the following standards. I. The temporary farm dwelling unit is an accessory use to the principal dwelling. A minimum of 1 acre of the parcel must be used for active agricultural uses, and the minimum parcel size by Zoning District is as follows: a. AG-C and RR-G Zoning Districts: 7.5 Acres b. V-N Zoning District: 10 Acres c. All other Zoning Districts: Not Permitted II. The property is limited to one (1) temporary farm dwelling unit. III. The structure is subject to the same dimensional standards and setbacks as the principal structure. The temporary farm dwelling unit may not be located closer to the road right of way than the principal building. The structure must be located to the side or rear of the principal building and must be screened from view of the road right of way. IV. The Temporary Farm Dwelling must be occupied by person engaged in the occupation of farming. V. The temporary farm dwelling unit must use the existing road access drive of the principal building. VI. The temporary farm dwelling unit must be connected to an approved on-site waste disposal system. VII. The Temporary Farm Dwelling Unit may only be used on a seasonal basis if the structure does not meet HUD standards or certain sections of the Building Code for year-round occupancy. VIII. The property owner must 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 will be determined by the Zoning Administrator. IX. Termination of Permit. The Interim Use Permit will expire at such time as the persons occupying the structure are no longer engaged in farming as required by paragraph (IV), above, 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 Unit must be removed from the premises within 30 days. The Interim Use Permit must further stipulate: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-33 a. If the Temporary Farm Dwelling Unit is used on a seasonal basis, and the expiration of the IUP regardless of annual occupancy. b. Whether the occupancy of the Temporary Farm Dwelling Unit may change users between seasons. (GG) Vacation or Short-Term Rentals. Vacation or Short-Term Rentals must comply with the following standards. I. Vacation or Short-Term Rentals may not be rented to a single party or user for longer than 30-days in a 12-month calendar year. II. An owner must obtain an Interim Use Permit if the intent is to rent the property for more than 14-days in a calendar year, or if it is posted for rent on any public platform such as VRBO, or similar. III. The property’s appearance may not be substantially altered from the appearance of the principal use of the structure. For example, a single-family detached home may not be altered internally or externally to change its principal use. (HH) Warehousing, Related Offices and Distribution. Warehousing and distribution facilities must comply with the following standards. I. Exterior Storage is permitted as an accessory use to the permitted use provided it meets the following standards: a. The exterior storage area must be located to the rear of the building. b. The exterior storage area must be fenced and screened from view of the public right-of-way, State, County and City roadways, and all property lines. II. 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 may not occupy more than 20% of the warehousing and distribution facility. III. All loading and unloading areas to the facility must be screened from view of the public right-of-way and State, County and City roadways. IV. Landscaping and screening must be provided according to the requirements of Section [153.400.060]. (II) Wind Energy Conversion Systems (WECS). Wind energy conversion systems must comply with the following standards. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-34 I. The parcel on which a wind energy conversion system is proposed to be located must be at least ten acres in size. II. One wind energy conversion system is permitted on a parcel. III. The maximum height of a wind energy conversion system is 100 feet. The system height is measured from the base of the tower to the highest possible extension of the rotor. IV. No lights, flashers, reflectors, or any other illuminated devices may be affixed to the to the wind energy conversion system. V. The color of the structure shall be either gray or off-white. VI. No wind energy conversion system may be located within any required yard setback. The system must be setback a minimum of one and a half times the height of the WECS as measured from the ground to the highest point of the rotor at maximum extension. VII. Rotors may not exceed 26 feet in diameter and must have a clearance of 30 feet over any tree or structure within the parcel where it is located. VIII. Each wind energy conversion system must be equipped with both a manual and automatic breaking device capable of stopping the wind energy conversion system in high winds (40 MPH or greater). IX. The system must comply with all State, County, and local noise standards. Applicable electrical permits/inspections must be obtained. X. To prevent unauthorized climbing, wind energy conversion system towers must comply with one of the following provisions: a. The tower climbing apparatus must be located a minimum of 12 feet off the ground. b. A locked anti-climb device must be installed on the tower. c. A protective fence at least 6 feet in height must be installed. XI. If the permit for a wind energy conversion system is revoked, or if the wind energy conversion system is no longer used, the wind energy conversion system must be removed and the site restored to its original condition within 120 days. XII. The owner must remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire Wind Energy Conversion System and any associated equipment. (JJ) Wireless Communication Antennas and Towers. I. 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. II. Conditional Use Permits. The following Wireless Communication Antennas and Towers may be allowed with the issuance of a Conditional Use Permit. a. The construction of a new tower that exceeds 35 feet. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-35 b. Satellite dish antenna(s) larger than two meters in diameter. c. The addition of a new antenna or other equipment on an existing permitted tower that creates a substantial change, as defined under III of this Section, below. d. The construction of a new tower attached to an existing building and extending 15 feet above the highest point of that building. e. 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. III. Administrative Permit. The following may be allowed with the issuance of an Administrative Permit, provided the conditions contained in this Section are met. a. The addition of a new antenna, or the adjustment, repair, or replacement of an existing antenna or other equipment that does not create a substantial change to an existing permitted tower. “Substantial change” to an existing permitted tower means the following: On an existing tower that is outside the public right-of-way, the new or replacement antenna or equipment can increase the height of the tower up to twenty feet (20’) before it is a “substantial change.” For towers within a public right-of-way, the height of the tower can be increased up to ten feet (10’) before it is a substantial change. On an existing tower, new or replacement equipment can increase the width of the tower up to twenty feet (20’) at the height where it will be replaced before it is considered a substantial change when the tower is outside the public right-of-way. For towers within the right-of-way, the width of the tower can be increased up to six feet (6’) before it is considered a substantial change. b. An Administrative Permit is required for the following types of Wireless Communication Antennas and Towers: 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. Amateur radio antennas and towers, provided that the conditions contained in Subsections [XII and XV] are met. The construction of a new tower attached to an existing building, extending less than 15 feet above the highest point of that building. IV. Nonconformity. Any existing tower that becomes non-conforming because of the adoption of this Section 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 itis 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 must meet all of the standards of this Section. V. 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 Section [153.500.050 and 153.500.060]. b. The criteria for granting a variance under this Section is: presentation of engineering data demonstrating that services cannot be provided by the applicant within its service area without the variance. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-36 VI. Term of Permit and Revocation. a. A Conditional Use Permit for towers requiring a Conditional Use Permit must remain in effect as long as the tower remains in compliance with the terms and conditions of the Permit. b. The grounds for revocation of a Conditional Use Permit must be based on a finding that: The owner and/or operator has failed to comply with conditions of approval imposed; or The facility has not been properly maintained; or The facility is no longer in use and has not been in use for the previous 12 months. VII. Other Requirements. a. All rules and regulations of the FCC and FAA must be met and complied with. All antennas used for the transmission of electromagnetic waves are subject to federal and state regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antenna installations must be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be borne by the owner and operator of the antenna. b. In the event of revocation of a Permit, the tower and all accessory structures must be removed and the site restored to its original condition within 120 days. Failure to do so will result in the City completing the removal and site restoration, and the City’s cost will be assessed against the property and collected as a real estate tax. VIII. Zoning Districts. Antennas and towers are regulated differently depending on the Base Zoning District in which the property is located. The following are the standards in each Zoning District. a. V-N, V-C, V-HC and R-C Zoning Districts. The following are permitted with a Conditional Use Permit: The addition of a new antenna on an existing tower that creates a substantial change. A satellite dish antenna larger than two meters in diameter but not exceeding three meters in diameter. 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 130 feet. A free-standing tower exceeding 35 feet in height but not exceeding 130 feet in height. 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 130 feet. b. AP, AG-C, RR-N and RR-N Zoning Districts. The following are permitted with a Conditional Use Permit: The addition of a new antenna on an existing tower that creates a substantial change. Satellite dish antenna(s) larger than two meters in diameter. 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 180 feet. 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 280 feet. c. I-P Zoning District. The following are permitted with a Conditional Use Permit: The addition of a new antenna on an existing tower that creates a substantial change. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-37 Satellite dish antenna(s) larger than two meters in diameter. A free standing tower exceeding 35 feet in height but not exceeding 280 feet in height. 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 180 feet. 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 280 feet. IX. Prohibitions. a. No tower over 280 feet in height is permitted. b. No tower within one mile of another tower for which a Conditional Use Permit is required, regardless of municipal boundaries, is permitted. c. A proposal for a new tower may not be approved unless it can be shown by the applicant that the telecommunication equipment planned for the proposed tower cannot be accommodated: 1. on an existing tower; or 2. on a tower that has been permitted by Washington County or the City of Scandia (even though it may not yet be constructed); or 3. on a tower whose application for a Conditional Use Permit is currently pending before the City of Scandia. d. Towers up to 130 feet in height may 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 130 feet in height may 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. e. All towers 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, Open Space and Recreation Plan must be constructed with a camouflage design approved by the City and have a maximum height of 35 feet. f. All towers erected within one-quarter (1/4) mile from the centerline of State Highways 95 and 97 and County Roads 3, 4, 15 and 52 must be constructed with a camouflage design approved by the City and have a maximum height of 35 feet, unless it can be demonstrated through visual impact demonstration that the tower will be visually inconspicuous as viewed from the road on a year- round basis. g. All towers erected within one-quarter (1/4) mile of the Lower St. Croix River Overlay District or within one-quarter (1/4) mile of a MnDNR protected lake or river must be constructed with a camouflage design approved by the City and have a maximum height of 35 feet. h. No temporary antenna/tower sites are permitted except in the case of equipment failure, equipment testing or in the case of an emergency situation as authorized by the Washington County Sheriff. Use of temporary antenna/tower sites for testing purposes are be limited to twenty-four (24) hours and must obtain an Administrative Permit. Use of temporary antenna/tower sites for equipment failure or in the case of an emergency situation are limited to a term of thirty (30) days. These limits can be extended by the Zoning Administrator. i. Permanent platforms or structures, exclusive of antennas, other than those necessary for safety purposes or for tower maintenance are prohibited. j. No antennas or tower shall have lights, reflectors, flashers, daytime strobes, steady night time red lights or other illuminating devices affixed or attached to it unless required by the FAA or FCC. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-38 k. Advertising or identification signs are prohibited on towers or antennas. X. Performance Standards. a. On a vacant parcel of land in the AP, AG-C, RR-G, RR-N, V-N, V-C, or V-HC, the minimum lot size for construction of a tower over 35 feet in height is 5.0 acres. On a vacant parcel of land in the Industrial Park District (I-P) or Rural Commercial District (R-C), the minimum lot size is 2.5 Acres. On a parcel of land on which a principal use exists, a tower will 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 must be designed and engineered to collapse progressively within the distance between the tower and property line. The applicant for any tower must 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 must comply with the minimum setback requirements of the Zone District in which it is located. c. A tower must be located on a parcel of land to have the least impact on adjoining properties, and any negative impact of the tower must be confined as much as possible to the property on which the tower is located. d. The tower location must provide the maximum amount of screening for off-site views of the facility. The City may require creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses. Existing on-site vegetation must be preserved to the maximum extent practicable. e. The height of a tower must allow for the co-location of additional antennas as follows: Structures from 100 to 125 feet - a minimum of two tenants. Structures from 125 to 200 feet - a minimum of three tenants. 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 must comply with the manufacturers specifications. Plans must 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 must be located within a structure. The base of the tower and any tower accessory structures must be landscaped where practical. Tower accessory structures must be constructed of materials designed to minimize visibility to the neighborhood. i. The tower must be a color demonstrated to minimize visibility unless otherwise required by FAA regulations. j. Metal towers must be constructed of, or treated with, corrosive resistant material. k. If space is available on a tower, the tower owners must, 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 must be reasonably protected against unauthorized climbing and comply with Section X. a.-d.. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-39 m. Antenna and tower owners may be required to conduct an annual inspection of their facilities to ensure continuing compliance with this Section. A copy of the annual inspection report must be provided to the City. n. All antennas and towers must be adequately insured to cover injury and property damage caused by collapse or other catastrophic failure. XI. Application - New Tower. In addition to the submittal requirements required elsewhere in this Section, applications for Conditional Use Permits for new towers and antennas and applications for Administrative Permits for replacement of antennas and equipment on existing towers must be accompanied by the following information: a. A report from a qualified and licensed professional engineer which: Describes the tower height and design including a cross section and elevation; Certifies the tower’s compliance with structural and electrical standards; Describes the tower’s capacity, including the potential number and type of antennas that it can accommodate; Describes the lighting to be placed on the tower if such lighting is required by the FCC or FAA; States that the applicant will avoid causing destructive interference to co-located, previously established public safety communications; Specifies the distance to any MnDNR protected lake or river, the St. Croix River, any road and any boundary of a city, state or county park. b. Each CUP 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 must provide the following information in each five (5) year plan. The plan must be updated with each submittal as necessary: 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). 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. 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. 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/they will abide by all applicable Conditional Use Permit conditions. d. Visual impact demonstrations, including mock-ups and/or photo simulations that accurately show the existing and proposed tower and equipment drawn accurately to scale as viewed from adjacent homes and roadway(s), or other viewpoints, as directed by the City. e. The City Council may, in its discretion, require screening and painting plans; network maps; alternative site analysis; lists of other nearby telecommunication facilities; or facility design alternatives for the proposed tower. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-40 f. 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 must pay the costs of said review and/or independent analysis. Any proprietary information disclosed to the City expert will remain non-public and subject to the terms and conditions of a properly executed non-disclosure agreement. XII. Application - Existing Tower/New Antenna. In the event that an application is for an Administrative Permit to replace an existing antenna on an existing permitted tower or structure, the requirements as delineated under [Subsection XI.a.vi.] and [XI.b.] shall not apply. Items X and Items [XI.a.i-v.] and XI.c and IX.d are required. The Zoning Administrator may require Items XI.e. and XI.f.] as needed to review the application for an Administrative Permit. a. The applicant must submit accurate drawings at the same scale of the existing and proposed equipment. XIII. Amateur Radio Antennas and Towers. This subsection is applicable only to federally licensed amateur radio operators. a. All amateur radio towers must be installed in accordance with the instructions furnished by the manufacturer for the tower model to be installed. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer’s specifications. b. No tower may be located within public or private utility and drainage easements. c. All towers must be reasonably protected against unauthorized climbing. d. Towers located closer to a property line than a distance equal to the height of the tower must be setback as far as possible from the nearest property line. At a minimum, the tower must comply with the minimum setback requirements of the Zoning District in which it is located. e. No part of any antenna or tower, nor any lines, cable, equipment, wires or braces may 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. (KK) Yard Waste Facilities. a. The minimum lot area required for yard waste facilities is 10 acres. b. Composting, storage, transfer, loading and processing activities must be set back as follows: Table 153.300.030-4. Yard Waste Facility Setbacks from Adjacent Uses Adjacent Use Setback Property Lines 100 Feet Existing Residential uses not on the property 500 feet DNR protected watercourse 200 Feet Wetland 75 Feet c. The yard waste facility must be screened from view from all adjacent properties and roadways according to the landscaping and screening requirements in Section [153.400.060]. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted XX.XX.2022 (Revised 05.19.2022) 153.300 page-41 d. Access to the site must be controlled to prevent unauthorized dumping during non-business hours. e. A plan for collection, retention and drainage of storm water must be provided for review and approval. The storm water facilities must meet current National Pollutant Discharge Elimination System requirements and employ Minnesota Pollution Control Agency’s best management practices. f. The materials which can be processed are limited to garden waste, leaves, lawn cuttings, weeds, shrub and tree waste and prunings. g. The operator must, upon request, provide information to the City specifying the volume of waste brought onto the property for processing or composting h. The operator must provide sufficient equipment to properly manage the composting and processing activities. At a minimum this must 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. i. The operator must provide plans showing all equipment maintenance and storage areas. Plans must show the location of all fuel storage facilities, hazardous material storage and hazardous waste disposal. j. The decomposition process must be properly managed and maintained in an aerobic condition to prevent all unnecessary odors. The yard waste must be decomposed through a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. Sharp objects greater than one inch in diameter are prohibited in any composted yard waste. k. Composting, processing and trucking activities must 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 means the sale of product to individuals for personal use and excludes commercial hauling. l. Treated yard wastes is not allowed to accumulate for longer than three years before being finished and removed from the site. Compost that cannot be marketed must be removed from the site a minimum of once per week. m. Woodchips, sawdust and composted materials must be processed, kept and maintained in a manner that does not permit ignition by spontaneous combustion. n. By-products, including residuals and recyclables, must be stored in a manner that prevents vermin problems and aesthetic degradation. Materials that are not composted or processed must be stored and removed a minimum of once per week. o. The owner must maintain the site so that it is free of litter and other nuisances. p. An attendant must be on site during operating hours. q. The open burning and/or burying of waste is prohibited. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-1 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Subd. 1. Summary. The development, character and building standards contained in this Section are intended to provide guidance, direction and regulations for the use, development and redevelopment of land within the City. This Section provides cross references to Section 153.200 Zoning Districts, 153.300 Allowed Uses, and 153.500 Administration and Procedures which applicable standards and regulations must be followed to align with the proposed use, subdivision or development plan of any land in the City. 153.400.010 INTRODUCTION AND DEVELOPMENT STANDARDS SUMMARY TABLE Subd. 1. Using the Development, Character and Building Standards Table. Table 153.400.010-1 below is provided as a reference for navigating this Section and to cross reference the Land Use and Subdivision Applications that may subject to the standards contained within this Section. Table 153.400.010-1. Development Standards Summary Subdivision Standards Site and Building Design Character Area Standards Open Space, Park Dedication, Stormwater and Drainage Landscaping, Buffering and Fences Woodland and Tree Preservation Parking, Driveways and Drive-Lanes Exterior Storage Signs Application Type 153.400.020 153.400.030 153.400.040 153.400.050 153.400.060 153.400.070 153.400.080 153.400.090 153.400.100 Variance X X X X X X Conditional Use Permit X X X X X X X X Interim Use Permit X X X X X X X X Site Plan Review X X X X X X X X X Administrative Permit X X X Lot Consolidation/ Lot line Adjustment X X X Minor Subdivision X X X X X X Major Subdivision X X X X X X X Planned Unit Development X X X X X X X 153.400.020 SUBDIVISION STANDARDS Subd. 1. Summary and Intent. The following standards are established to ensure that the subdivision of land meets the design requirements as stated within this Section, and to ensure that any subdivision is consistent with the character and development patterns of the Base Zoning District in which the land is located. The process, City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-2 procedures and submission requirements for any proposed subdivision can be found in Section 153.500 of this UDC. Subd. 2. Land Subdivision Design. Four types of land subdivision are permitted, to provide flexibility for landowners and to help the City achieve the goals stated in the Comprehensive Plan. The four types of subdivision design are: 1) conventional subdivision, 2) lot averaging, 3) Open Space Conservation Subdivision, and 4) Planned Unit Development (PUD). Overlay District Considerations. Land located in the Lower St. Croix River Bluffland or Shoreland Management District are subject to additional standards and regulations contained within the applicable Section of this UDC, and other City Code Sections. The general subdivision standards established herein shall apply and any subdivision must meet the standards established within both the Base Zoning District and applicable Overlay District. Types of Subdivision Design. Table 2 summarizes the four types of land subdivision, and indicates the Base Zoning Districts where each type of subdivision is permitted in the City. The Base Zoning Districts contained in Section [153.200.030] establish the o determine the available or allowable density on a parcel as calculated in Subsection (G) below. Table 153.400.020-1. Four Types of Land Subdivision Design Subdivision Design Type AP AG-C RR-G RR-N V-N V-HC V-C R-C I-P Conventional X X X X X X X Lot Averaging X X X X X Open Space Conservation X X X Planned Unit Development X X X X X X X X Conventional Subdivision. A conventional subdivision divides property into lots according to the density, minimum lot size and minimum lot width requirements for the Base Zoning District and any applicable Overlay District. Lot Averaging Subdivision. A Lot Averaging Subdivision allows the property owner to create parcels smaller than those of a Conventional Subdivision provided that the density of the development does not exceed the maximum density permitted for the Base Zoning District. To demonstrate compliance a Yield Plan, as City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-3 described in Subsection (G) must be prepared that shows how the subdivision meets the density requirements. Open Space Conservation Subdivision. An Open Space Conservation Subdivision allows the property owner to create parcels smaller than in a Conventional Subdivisions; however, the development shall comply with certain design standards which include that a portion of the development property must remain as common open space. Additional density units may be allowed if certain criteria as stated in Section [153.200.030 Subd. 3] are met. Open Space Conservation Subdivisions shall require rezoning to OS-PUD. Planned Unit Development (PUD) Subdivision. A PUD Subdivision allows the property owner to have two or more principal uses on a single parcel of land or may allow flexibility from the strict application of the Base Zoning District standards in exchange for an improved design that benefits the public. Flexibility from any applicable Overlay District is not applicable, unless a variance is granted. When the Base Zoning District standards are modified, a specific development plan shall be approved. PUD Example 1: Mixed Commercial PUD City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-4 PUD Example 2: Conference Center / Residential PUD Determination of Density 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: a. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-5 b. To determine the allowable number of density units, the applicant must 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 this UDC and Comprehensive Plan. The applicant must submit the Yield Plan to the Zoning Administrator for review. If, after determining the maximum number of lots in a Conventional Subdivision, a lot could be created that meets 80% of the minimum lot size and otherwise meets all other lot requirements for the Base Zoning District, then that lot shall be considered as one (1) lot for density computation purposes. c. The City may grant bonus density units, under the Open Space Conservation Design performance standards of this Chapter. Development Agreement. All subdivisions of land that result in three or more lots may be required to enter into a Development Agreement with the City, and subdivisions with two or fewer lots may be required to enter a Development Agreement if requested by the Zoning Administrator or City Council. 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 Section [153.500.080]. Conveyance of Land. 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. Subd. 3. Minimum Design Standards. The following minimum design standards are established for any subdivision of land into two or more parcels or lots in the City. General Standards. Contiguous Land. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the City may require the subdivider to submit a Sketch Plat of the remainder of the property to show the relationship between the proposed subdivision and potential future subdivisions. Any subdivision must demonstrate how it is compatible and relates to existing or potential adjacent subdivisions and land uses. If the plat contains either a temporary or permanent cul-de-sac, a plan showing the potential for development of adjacent property may be required. Future Resubdivision. In any area where property is likely to develop at a density greater than proposed by the subdivider, a ghost Sketch Plat may be required showing how the lot or lots may be replatted in future for more intensive subdivision and use of the land. The placement of buildings or structures upon such lots shall be positioned to allow for potential resubdivison. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-6 Subdivisions Straddling Municipal Boundaries. Whenever access to the subdivision is required across land in another municipality, the City shall request assurance from the affected municipality that access is legally established. Further, assurance that the access road is adequately improved or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access road shall be provided prior to any subdivision being approved. No lot shall extend over a political subdivision boundary. Engineering Standard and Detail Specifications. Public and private improvements shall comply with standards set forth in the City’s Engineering Standards and Detail Specifications, which are herein adopted by reference. Lot Requirements. No lot shall have less area or width than is required by the Base Zoning District regulations in which the lot is located. All remnants of lots below the required minimum lot size after subdividing a larger tract must be added to adjacent lots or planned as Outlots, rather than allowed to remain as unusable parcels. The Development Agreement may restrict the use and ownership of Outlots. Side lot lines shall be substantially at right angles to straight street lines, or radial to curved street lines or radial to lake or stream shores unless topographic conditions necessitate a different arrangement. Lots proposed with irregular lot lines for the sole purpose of meeting a specific zoning requirement are prohibited. Each lot shall have frontage on an improved public street. Access to the lot shall be from the frontage of the lot. In the case where the proposed plat is adjacent to a major or minor arterial, there shall be no direct vehicular access from individual lots to such streets and roads. Through or double frontage lots shall not be permitted except where such lots abut an arterial highway or as a means to overcome specific disadvantage of topography and orientation. All new subdivisions, where appropriate, should be designed to accommodate use of passive and active solar energy systems with special attention given to street, lot and building orientation. The following guidelines for the design of subdivision and building sites shall be followed to support the Character Areas established within this UDC: a. Locate roads and building sites to maintain existing contours and vegetation and minimize grading and disruption of natural landforms. b. Avoid placing structures in open fields and on top of exposed ridgelines. c. Maintain vegetation along ridgelines. d. Locate homes on the edge of tree lines and woodlands. e. Preserve and incorporate stone rows, tree lines, existing agricultural structures in site plans, wherever possible. f. Create lot areas and lot widths that are compatible with the Character Area in which the lots are located and pay attention to orientation, access and setbacks which are consistent with the surrounding development pattern. Lots on Waterbodies or Watercourses. Lots abutting upon a watercourse, drainage way, channel or stream shall be sized adequately to demonstrate how the lot can be developed so that all structures and site improvements are not subject to flooding. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-7 All lots abutting a lake, river, pond or wetland shall contain a building site 2-feet or more above the regulatory flood elevation and access to both the subdivision and to the individual building sites shall be no lower than 2 feet above the regulatory flood protection elevation. The lowest floor elevation shall be a minimum of 3 feet above the 100-year flood elevation or 3 feet above the ordinary high-water mark, whichever is greater. For landlocked basins, the ordinary high-water mark shall be determined using a 10-day snow melt or back-to-back 100-year storm events, whichever is greater. The platting of lots within a floodplain management and/or shoreland management overlay district shall comply with the requirements of the Base Zoning District and the applicable Overlay standards as contained within Chapters [154 and 155]. Monuments. Official permanent monuments shall be placed as required by Minnesota Statutes, Chapter 505 (as may be amended). All monument markers shall be correctly in place upon final grading and installation of utilities. The City will not issue building permits for a lot within a plat until monuments have been placed for that lot. All United States, state, county or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Streets, General Requirements. Proposed streets shall conform to the state, county or local road plans or preliminary plans as have been prepared, adopted and/or filed. New private streets and reserve strips are prohibited, and no public improvements will be approved for any private street. Any new street constructed as part of a subdivision or development shall be constructed to meet the City specification and dedicated for public use. a. Where an existing private street or shared driveway serving multiple lots or parcels exist prior to the adoption of this UDC, such road will be deemed legally non-conforming. i. The legally non-conforming private street or shared driveway may not be used to access any new principal structure without improving the road to meet the City’s Street Design Standards identified in Subsection (G)III. ii. The improvements required in (i) do not require the road to be maintained or dedicated as a public road thereafter. The arrangement, character, extent, width, and location of all streets shall be considered in relation to existing and planned streets, shall provide for reasonable traffic circulation and traffic calming, shall provide for reasonable mobility of pedestrians and non-motorized transportation, and shall be appropriately located in relation to topography, run-off of stormwater, convenience, and safety, and proposed uses of the land to be served. Access shall be given to all lots and portions of the tract in the subdivision and to adjacent unsubdivided parcels unless the topography clearly indicates that such connection is not feasible. Reserved strips and land-locked areas are prohibited. Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision must make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate location. Streets must be paved to the subdivision boundary except when this requirement is modified or waived by the City Council for good cause shown. Local streets must be designed to provide convenient and safe access to property, to minimize the number of streets necessary, and to permit efficient drainage. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-8 a. Local streets within the Agricultural and Rural Residential Character Areas should be designed and aligned to discourage use by non-local traffic. b. Local streets designated within the adopted Comprehensive Plan as planned loop roads or connectors shall be designed consistent with the stated goals, and may not dead-end or eliminate access. Neighborhoods must be interconnected where possible to provide for emergency access, convenience, dispersal and circulation of traffic and to foster community cohesiveness. Half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, reasonable assurance for dedication of the remaining part of the street can be secured. Whenever a tract to be subdivided adjoins an existing half or partial street, the part of the street within such tract must be platted and dedicated if the dedication results in a reasonable subdivision design for the area. Dead-end streets are prohibited. Stubs to permit future street extension into adjoining tracts, are permitted, however such temporary improvements must be designed to allow for vehicle and truck turnarounds which must be reviewed and approved by the City Engineer. a. For purposes of this Section, cul-de-sac streets are not defined as a dead-end street and are permitted consistent with Subsection (F). The street arrangements must not cause hardship to owners of adjoining property to plat their own land, such arrangement cannot negatively impact convenient access to it. Streets, Cul-de-Sacs. For the purposes of this Section, whether a new cul-de-sac is proposed or an existing cul-de-sac is to be extended, the beginning of the cul-de-sac road is measured from the point at which there is no secondary access. The end is to be measured at the center of the cul-de-sac. The maximum length of a permanent cul-de-sac shall be 500 feet for an Urban Design street, and 750 feet for a Rural Design street, unless the following requirements are met: a. There is no other street access alternative; and b. The cul-de-sac is extended the minimum length necessary to provide for reasonable use of the land; and c. The street design incorporates features such as curves, signage, and/or additional turnarounds sufficient to minimize traffic, backtracking, limit speeding and provide turning for emergency and service vehicles. Lots with frontage at the end of the cul-de-sac must have a minimum of 60 feet of road frontage and must meet the lot width requirement at the building setback line for the Base Zoning District in which the property is located. Temporary Cul-de-sacs are those in which it can be clearly shown that the road could reasonably continue and would result in a through road at some time in the foreseeable future. At the time of platting, the City Council will determine whether the road should be extended to the property line, or if such future improvement is not desirable. If the City Council determines that future extension of the roadway is requires, an escrow to cover the future costs of extending the road to the property line may be required. a. The turnaround right-of-way of the Temporary Cul-de-sac must be placed adjacent to a property line and a right-of-way of the same width as the street must extend to said property line to permit future expansion of the street into the adjoining tract. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-9 b. When the Temporary Cul-de-sac is no longer needed because the street is extended into the adjoining tract, the property owners fronting the temporary turnaround may request that the right-of-way attributed to the turnaround be vacated. The request for a vacation must follow the statutory guidelines. Streets, Access Spacing Guidelines and Utilities. Access of streets within the subdivision to other local streets must meet all requirements of the City. Access of streets within the subdivision to any public street or highway must meet all requirements of the access spacing guidelines provided in Table 3, and as stated within the adopted Comprehensive Plan. Access is subject to all conditions of the applicable access permitting requirements of the City, Washington County Department of Public Works or the Minnesota Department of Transportation. At the discretion of the City Engineer, a traffic study including trip generation figures may be required of commercial, industrial, mixed-use or residential subdivisions containing 50 or more dwelling units. Table 153.200.020-2: Access Management Guidelines Functional Classification Full-Movement Intersection Partial Movement Intersection Private Driveways Signal or Roundabout Spacing Principal Arterial 1/2 Mile 1/4 Mile Variable 1/2 Mile Minor Arterial 1/4 Mile 1/4 Mile Variable 1/4 Mile Collector 1/8 Mile N/A Variable 1/8 Mile Street Design. All streets must conform to the adopted Engineering Standards and Detail Specifications, as may be amended, and the following standards: a. Streets must be graded in accordance with a plan approved by the City Engineer. b. All streets must be paved with a bituminous surface meeting the Engineering Standards and Detail Specifications. New streets with gravel surfaces are prohibited. c. The City Engineer may determine that additional right-of-way and roadway widths are required to promote public safety when special conditions require it, or to provide parking space in areas of intensive use. Additional widths may also be necessary due to topography in order to provide adequate earth slopes. Street Names and Signs. a. Names of new streets cannot duplicate existing or platted street names unless a new street is a continuation of, or in alignment with, the existing or platted street. In that event, it must have the same name of the existing or platted street. Street names must conform to the Washington County Uniform Street Naming and Numbering System. b. All street signs must meet AASHTO standards as adopted by MNDOT and must be furnished and installed by the subdivider. Signs installed prior to 2018 must meet AASHTO pending requirements for retro-reflectivity and size. Turn Lanes and Traffic Lights. Turn lanes and traffic lights must be installed at the expense of the subdivider when required as a result of the proposed subdivision. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-10 Streetlights. Within the V-N, V-C or V-HC zoning districts, unless otherwise approved by the City, street lights must be installed at all intersections and at other locations as required by the City Engineer. All streetlights within new subdivisions must be on ornamental poles with underground electrical service and must comply with the City’s lighting standards identified in Section [153.400.030 and 153.400.040]. Trails and Sidewalks. a. A sidewalk or trail must be installed along Urban Design streets consistent with the requirements stated in the adopted Comprehensive Plan. Any request to move or waive the requirements will require a variance from this standard which must be process concurrently to the land use or subdivision application process. b. Sidewalks and/or trails must be installed in conformance with an approved Preliminary or Final Plat, the Development Agreement, and must be constructed when the street is constructed. c. Sidewalks along Local Streets must be a minimum of five (5) feet wide, and trails must be a minimum of eight (8) feet wide. If the sidewalk or trail is located directly behind a curb, then the minimum is 10 feet wide. d. Grades of all sidewalks and trails must approved by the City Engineer. Sidewalks must be placed in the public right-of-way. Bituminous walks or alternative paving, such as paving stones, are allowed if approved by the City Engineer and the City Council. e. Trails and sidewalks must comply with ADA (Americans with Disabilities Act) guidelines. Utilities. a. General Requirements. All utilities must be placed underground. All groundwork must be completed prior to street surfacing. Individual Sewage Treatment System. Where lots are not connected to a public sewer system, an individual disposal device for each lot must be provided and the subdivider must demonstrate that each created lot can support a system. The individual disposal system must comply with the Washington County SSTS Regulations. Lots served by individual sewage treatment systems must obtain a septic permit prior to the issuance of a Building Permit. Service stubs for community systems may be installed in phases provided such provision is addressed within the Development Agreement. A community sewage treatment system may be provided for all lots within a subdivision, provided that the following requirements are met: 1. Such system must meet all applicable requirements of the Minnesota Pollution Control Agency (MPCA), Minnesota Rules 7080 and the Washington County SSTS Regulations. 2. The subdivider must demonstrate that the Homeowner’s Association or other entity formed to provide for the operation and maintenance of any such system will be capable of operating and maintaining it so that it will not become a burden on the lot owners served or the City. 3. The Development Agreement must address the permitting, construction and perpetual maintenance of the system, including financial guarantees. Water Supply. 1. Extensions of the public water supply system, when available, must be designed to provide public water service to each lot. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-11 2. Wells must be constructed in accordance with all rules and regulations of the Minnesota Department of Health. 3. For any community well, the subdivider must demonstrate that the Homeowner’s Association or other entity formed to provide for the operation and maintenance of any such system will be capable of operating and maintaining it so that it will not become a burden on the lot owners served or the City. 4. The Development Agreement must address the permitting, constructing and maintenance of the well, including any financial guarantees. b. Easements. Easements of at least 20 feet wide, centered on rear and other lot lines as required, must be provided for utilities where necessary. Where underground utilities are being installed, a minimum of 10 foot wide front or side yard easements may be required. All easements must be of a sufficient width as determined by the City Engineer. These easements must be dedicated on the Final Plat. Drainage easements must be provided along each side of the centerline of any watercourse or drainage channel to a sufficient width to provide proper maintenance and protection and to provide for stormwater runoff and installation and maintenance of drainage system. Access easements to the stormwater and drainage system must be provided and connect directly to a public road right-of-way so that the City has the right, but not the requirement, to manage and maintain such systems. Conservation easements must be dedicated around wetlands and DNR designated lakes, rivers and streams up to the 100-year flood elevation or delineated boundary, whichever is greater. Utility and drainage easements must be dedicated for the required use. Easements of at least 15 feet wide to provide direct access to public trails and or lands may be required, and will be determined at the time of land use application or plat. 153.400.030 SITE AND BUILDING DESIGN Subd. 1. Summary and Intent. The following standards are established to ensure orderly, efficient development of the City’s land. The intent and purpose of this section is to identify uniform regulations and standards for all development within the City regardless of the Base Zoning District to reinforce the character of the community while concurrently protecting the health, safety and welfare of its residents. Subd. 2. General Standards. All lots or uses are subject to the following general standards, and may be subject to other specific regulations as noted in other Sections of this UDC. Code Compliance. All principal buildings must 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 Development Code Chapter Four Subsurface Sewage Treatment System Regulations as adopted on July 27, 2018 and as may be amended, 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. Sewage Treatment. Washington County Development Code Chapter Four Subsurface Sewage Treatment System Regulations (referenced as “Washington County SSTS Regulations” throughout this UDC) as adopted on July 27, 2018 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-12 and as may be amended from time to time is hereby adopted by reference as if herein printed in full. However, Variances and modifications related to setbacks from wetlands must be heard by, and approved by, the Scandia City Council. Water usage of any proposed use shall conform to the long-term sewage treatment capacities of each individual lot. The system, or systems, must be designed to receive all sewage from the dwelling, building or other establishment served. Footing or roof drainage must not enter any part of the system. Products containing hazardous materials cannot 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, may not be discharged to the system. General Setback, Lot Area and Building Regulations. All uses and structures are subject to the regulations of the applicable Base Zoning District and any other requirements established within an applicable Overlay District. The following additional requirements are applicable in all Base Zoning Districts: Sloping or Erodible Building Sites. No structure may be constructed on sites with slopes of greater than 25% or on easily erodible soils as defined on the Washington County Soil Survey. Setbacks from Easements. Structures must be setback a minimum of 50 feet from any underground pipeline easements, underground or above ground utility easements, or any railroad right-of-way easement. Corner Lots. Nothing can 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 2 ½ and 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. Flag Lots. Flag lots may be permitted when the strict application of the dimensional standards of the Base Zoning District would adversely impact the natural environment and character of the area. Examples such as steep topography, protection of wetlands or wetland buffers, or other environmental constraints may be considered. Any new Flag Lot must have a minimum of 60-feet of frontage on a public right-of-way, and the lot width must comply with the Base Zoning District standards at the front-yard setback. Approval of any Flag Lot must be obtained through the subdivision process as stated in Section [153.500.080]. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-13 Number of Structures. No more than one (1) principal structure is permitted on one (1) parcel of land, unless otherwise authorized by this UDC. Height. No structure can exceed the maximum height permitted for the Base Zoning District in which it is located, except for church spires, chimneys, flag poles up to 45 feet in height, silos, and wind energy conversion systems. Wireless Communication Facilities are regulated in Section [153.300.030.] Single Family Dwellings. Minimum Width and Foundations. The following standards apply for single family dwellings, except for temporary dwellings which are regulated by Section [153.300.030]. a. If a principal structure has an attached garage that is facing the public right-of-way, the minimum width of the principal structure is twenty (20) feet as measured across the narrowest portion. b. All dwellings must be placed on a permanent foundation and anchored to resist overturning, uplift and sliding in compliance with the Minnesota State Building Code. c. 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 except as may be permitted in Section [153.300.030] Accessory Dwelling Unit. d. Occupancy of a Single-Family Residential Dwelling. No more than six (6) persons not related by blood, marriage or adoption shall reside in a single-family residential dwelling. Stormwater Management. All land alteration and development may be subject to the stormwater management standards and requirements established in Section [153.400.030]. Traffic Control. The traffic generated by any use must be controlled to prevent congestion of the public streets, traffic hazards and excessive traffic through residential areas particularly truck traffic. Traffic internal to a subdivision or development must be regulated to ensure its safe and orderly flow. Traffic into and out of business and industrial areas must be designed to require forward moving traffic patterns with no backing into streets. Access Drives, Access and Service Roads. Access drives onto City streets are required to obtain an Administrative Permit. The Administrative Permit must be obtained prior to, or concurrent with the issuance of any Building Permit. The Zoning Administrator, or assign, 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 which must be consistent with the City’s adopted right-of-way ordinance. An escrow deposit may be required to ensure construction of the driveway to City standards, including installation of any City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-14 required culvert. Said escrow deposit shall be refunded upon completion of the driveway and restoration of the street and surrounding vegetation. Private Roads. Private roads are not allowed in any new subdivisions created after the effective date of this UDC. Subd. 3. Building Type and Materials. The following standards are established to support and enhance the rural character of the community. Exceptions may be granted may be granted if they are demonstrated to be consistent with the intent of the standards listed herein. General Standards. Architecture and aesthetic compatibility. Buildings in all Base Zoning Districts must be designed consistent with the Character Area standards established in Section [153.400.040]. The design of any structure may not adversely impact the community's public health, safety, and general welfare. Unfinished Steel or Aluminum Buildings Prohibited. Except for agricultural accessory 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 are permitted in any Zoning District, for walls or roofs. Finished Building Material for Principal Structures. Except for agricultural accessory buildings and buildings covered under Section 153.400.040 Character Area Standards and/or as otherwise approved by the City Council, exterior building finishes must consist of materials comparable in grade and quality to the following, unless otherwise provided by this Section: a. Brick b. Natural stone c. 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. d. Wood, vinyl, steel, cement fiberboard or aluminum lap siding provided the surfaces are finished for exterior use and proven to have exterior durability, such as cedar, redwood, and cypress. e. Stucco, cementitous coating. f. Architectural metal panels for roofing and accents only. Residential Accessory Structures. Accessory buildings on parcels less than 20.0 acres in size must 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 must match the overhang of the residential building. All accessory buildings on parcels of 4 acres or less, excluding road right-of-way, must 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: a. Accessory Buildings 120 sq. ft. or less in size (this exception is not applicable to the General Standards set forth in Section (A)1; b. Greenhouses; c. Gazebos and decorative shelters; d. Historic Buildings Any Residential Accessory Building located on a non-contiguous parcel owned by the same Owner, must meet the following standards: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-15 a. Must be designed to be consistent and compatible with the Principal Structure. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Subd. 4. Lighting . The City’s standards regarding exterior or outdoor lighting are established to regulate the character of the City consistent with the character and development patterns of the community. The following standards regarding outdoor and exterior lighting apply in all Zoning Districts: Applicability. The standards in this section apply to Outdoor Lighting of any structure, lot or area. Exemptions. The standards of this section do not apply to the following: The use of temporary outdoor lighting during customary holiday seasons provided that individual lamps are 10 watts or less. The use of temporary outdoor lighting used for civic celebrations and promotions. Lighting required and regulated by the Federal Aviation Administration or other federal or state agency. Emergency lighting by police, fire and rescue authorities. Street lighting on City streets and State and County Highways. Method of Measuring Light Intensity. The foot-candle level of a light source must be taken after dark with the light meter held 6 inches above the ground with the meter facing the light source. A reading must 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. Performance Standards. Lighting plans must be reviewed for compatibility with the Scandia Architectural Design Guidelines, as applicable. In the AP, AG-C, RR-G, RR-N and V-N Zoning Districts, any lighting used to illuminate an off-street parking area, structure or area must be arranged as to deflect light away from any adjoining residential property or from the public street. a. Shielding. The light source must be hooded or controlled so as not to light adjacent property in excess of the maximum intensity as defined throughout this Section. Bare light bulbs are not permitted in view of adjacent property or public right of way. b. Intensity. No light source or combination thereof which casts light on a public street may exceed 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 0.4 foot candles as measured at the property line. In the N-C, V-HC, R-C and I-P Zoning Districts, any lighting used to illuminate an off-street parking area, structure or area must be arranged as to deflect light away from any adjoining property or from the public street. a. Shielding. The luminaire must contain a cutoff that directs and cuts off the light at an angle of 90 degrees or less. b. Intensity. No light source or combination thereof which casts light on a public street shall exceed 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 0.4 foot candles as measured at the property line. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-16 c. 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. d. 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 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 1 hour after closing except for security lighting. 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 nighttime lighting. Due to these unique circumstances, a conditional use permit is required for all new outdoor lighting fixtures that do not meet the regulations stated above. a. No outdoor recreation facility whether public or private may be illuminated after 11:00 PM unless the lighting fixtures conform to Section 3.9 (5) (B), above. b. Off street parking areas for outdoor recreation uses which are illuminated must meet the requirements stated in Section 3.9 (5) (B) 2. Prohibitions. The following outdoor light fixtures are prohibited within the City of Scandia: Search lights or sky trackers Flashing, blinking or rotating lights Neon lighting on the exterior of a building Raceway lighting Exposed fluorescent tubes Mercury vapor lamps Laser lights Back lit canopies or awnings Submission of Plans. The applicant for any permit requiring outdoor lighting must submit evidence the proposed outdoor lighting will comply with this UDC. The submission must contain the following in addition to other required data for the specific permit: Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices. 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); Photometric data, such as that furnished by manufacturers, or similar showing the angle of the cutoff or light emissions. 153.400.040 CHARACTER AREA STANDARDS Subd. 1. Purpose and Intent. The City’s Base Zoning Districts are categorized and organized by Character Area as defined in [Section 153.200.010]. The development patterns and forms throughout the City differ by Character Area. The standards contained within this Section are intended to support and reinforce the desired physical development patterns and forms in the City based on the described Character Area. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-17 Applicability. The following Character Area Standards do not apply to single-family detached residences or the accessory structures that are used by the inhabitants of the principal structure, unless expressly stated in subsection (B). Architectural Design Standards. The City’s adopted Design Guidelines are standards which are generally suggested and encouraged. This Section is established to identify those standards and suggestions from the Design Guidelines that are required and are defined as the Architectural Design Standards. The following Architectural Design Standards are organized by Character Area. Character Area: Agricultural Districts (A-P and AG-C). This Character Area is defined by larger tracts of land that are used for active agricultural, small hobby farms, rural residential and associated accessory uses and activities. Single-family homes, accessory structures and farmsteads are typically setback from public rights-of-way and are buffered from adjacent properties and uses with vegetation and /or natural topography. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design. Design of new structures must reference design elements of existing historic rural buildings if present onside including barns, farmhouses and schoolhouses.. e. Windows and Doors. Window and door configurations and styles must be consistent with the architectural style of the structure. For example, a traditional farmhouse design would include double hung windows with true divided light, with various configurations. f. Landscaping and Vegetation. Existing vegetation should be maintained to the extent possible. If trees along the street or highway must be removed for new construction, they should be replaced with species consistent with Section [153.400.060 Subd. 2. I. Table 8] of this UDC. g. Fences: Fences that are visible from the public-right-of way must be constructed of natural materials, such as wood or stone, composite materials if similar in appearance, or wrought iron fences. Chain link or plastic fences that are visible from the right-of-way or public sidewalk are not permitted. Fences used for agricultural purposes such as horse pastures, livestock, etc., are excepted from this requirement. Fence standards are provided in [Section 153.400.060 Subd. 4]. h. Design Guidelines: In addition to the standards listed herein, consideration of the City’s adopted Design Guidelines is required for any new use or development. Character Area: Rural Residential Districts (RR-G and RR-N). This Character Area is defined by rural residential uses including single-family detached structures, small hobby farms, open spaces and associated accessory uses and activities. Structures are typically setback from road rights-of-way and are sited with an attached garage facing the road frontage. Accessory buildings are set behind the principal structure’s primary façade on non-riparian lots and are often set in front of the primary façade on riparian lots. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design of Principal Structures. Design of new structures must reference design elements of the existing rural buildings in Scandia including barns, farmhouses and schoolhouses. b. Architectural Design of Accessory Structures. Accessory Structures located in front of the principal structure’s primary façade, or if visible from the public right-of-way, must be designed to be consistent and compatible with the Principal Structure. This standard shall apply to single-family detached residences if the Accessory Structure is visible from the public right-of-way. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Accessory Structures placed behind the Principal Structure’s primary façade which are not visible from the public right-of-way must be compatible with the Principal Structure but may vary in its color and material selection. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-18 c. Windows and Doors. Window and door configurations and styles must be consistent with the architectural style of the structure. For example, a traditional farmhouse design would include double hung windows with true divided light, with various configurations. d. Fences: Fences that are visible from the public-right-of way must be constructed of natural materials, such as wood or stone, composite materials if similar in appearance, or wrought iron fences. Chain link or plastic fences that are visible from the right-of-way or public sidewalk are not permitted. Fence standards are provided in [Section 153.400.060]. e. Existing vegetation should be maintained to the extent possible. If trees along the street or highway must be removed for new construction, they should be replaced with native species consistent with Section [153.400.060 Subd. 2. I. Table 8] of this UDC. f. Design Guidelines: In addition to the standards listed herein, consideration of the City’s adopted Design Guidelines is required for any new use or development. Character Area: Village Districts (V-N, V-C and V-HC). This Character Area is defined by a mix of new and historic residential and commercial uses. The historic core (V-HC) is pedestrian friendly, walkable with a mix of shopfronts, businesses and community gathering places. Surrounding the historic core are newer village commercial uses and neighborhoods (V-N and V-C) that reference the historic architectural and design character of the V-HC. The following standards are established for any non-residential use, conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design. The architectural design of the village core structures, including the V-HC and V-C Zoning Districts, is defined by the form and scale of the existing buildings. To reinforce this pattern, the following standards are required for any new structure, including single-family detached residences, within the V-C and V-HC districts: Structures should be 1 ½ to 2 stories with a maximum height as regulated by the Base Zoning District standards as defined in Section [153.200.030] Facades designed for commercial uses with frontage on a public street must be designed with bays or articulation that may include changes in wall plane, color, materials or similar. The design must include a definable base, middle and top. 1. Facades in the V-HC must include a minimum of 60% glass transparency. Spandrel glass may be used, but may not comprise more the 15% of the minimum transparency requirement. Structures must be sited with the primary entrance on the first-floor with a direct connection to the public sidewalk. Off-street parking must be located behind (rear) the principal structure, or to the side, where feasible. Streetside parking is permitted and encouraged. Rooflines must be compatible with adjacent buildings and structures. If non-storefront style buildings are proposed they must be designed with pitched roofs with a similar pitch as present on existing buildings within the V-C and V-HC Districts, b. Building Materials. Use of the following building materials is required for all commercial uses : The finished building materials as identified in [Subd. 2(1) C] are permitted in the V-N. Other requested material must be approved by the City Council. The following finished building materials are permitted within the V-C and V-HC Districts: 1. Standard size clay brick 2. Fiber cement lap siding City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-19 3. Stained or painted wood lap siding 4. Flat-paneled log with dovetail corners 5. Wood board and batten siding 6. Natural or cast stone 7. Other materials as approved by the City Council c. Windows and Doors. The following window and door standards are required for all commercial uses and structures in the V-C and V-HC, and are encouraged in the V-N Zoning Districts: Windows must be wood or wood clad with baked enamel finish, exceptions may be granted if historically accurate. Window replacement on existing structures must be consistent with the original window configuration including materials to the best extent possible. Commercial, mixed-use and retail structures must incorporate typical storefront window configurations. d. Garages, Parking Areas and Landscape Plan. All off-street parking and areas and garages should be sited outside of all required front-yard setbacks, to the extent possible. Exceptions may be granted by the City Council if warranted based on the lot configuration. Multi-family structures, duplex, townhomes or condominiums with attached garages must be designed with garage entries from the side or rear to the extent feasible. Garages facing the public right-of-way must be architectural designed and must be setback behind the front plan of the principal structure. Parking areas must be screened with fencing or vegetation that may include trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. Large parking lot areas must be broken up with planting islands that should include trees and shrubs, and may also incorporate raingardens, tree-trenches or other design elements that assist with stormwater management. A landscape plan is required for all new development, redevelopment or subdivision in this Character Area and must comply with the standards identified in Section [153.400.060]. e. Signage. All new or replacement signs are required to meet the sign standards identified in Section [153.400.100]. Signs may be affixed to the building, and multi-tenant buildings may provide one sign per user with an approved unified sign plan. New or replacement signs on commercial structures must be designed with clear lettering and minimalistic style. Permitted sign locations include: 1. On a canvas awning 2. Transom window, window glass or glass door 3. Projecting wall sign (at 90-degree hanging oriented to pedestrians) 4. Architectural stone detailing such as cornerstone detail or roof parapet City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-20 Lighting of Signs in V-C and V-HC: 1. Internally lit, and backlit signs are not permitted. 2. Mounted and directional lighting of signs is permitted 3. Neon signs are permitted within the storefront window, but may not be affixed to the exterior of a building. 4. Flashing, blinking, and rotating signs are not permitted. 5. LED digital signs are not permitted. f. Mechanical Equipment and Utility Areas. Mechanical equipment must be screened on all side. Mechanical equipment includes air conditioning units, heating units, transformers, and any equipment that provides service to a building. 1. Rooftop mechanical equipment may not be visible from the public right-of-way or sidewalk. Screening of rooftop equipment must be compatible with the architectural design of the building. Utility areas, including exterior trash and storage areas, service yards, and loading areas must be screened on all four sides. These areas must not be visible from streets, parking lots, sidewalks, or nearby buildings. Acceptable screening materials must be compatible with the principal or accessory buildings on site, and may include vegetation or berms. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. g. Design Guidelines. In addition to the standards listed herein, consideration of the City’s adopted Design Guidelines is required for any new use or development. Character Area: Business Districts (R-C and I-P). This Character Area is defined by commercial and light industrial uses that are primarily auto-oriented, with green space buffer areas between rights-of-way and adjacent residential uses. This character area is defined by businesses and parking areas but is intended to maintain the rural character of the City. a. Within the commercial nodes, including R-C and I-P Zoning Districts, buildings should be sited to meet the minimum setback requirements, where possible. Setback areas should be designed to allow for greenspace and landscaping along roadways. b. Parking for commercial uses must be located to the side or rear of buildings, to the extent possible. c. Parking areas must be screened with vegetation including trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. A landscape plan is required and must comply with the standards identified in Section [153.400.060]. Large parking lot areas must be broken up with planting islands that must include trees and shrubs, and may also incorporate raingardens, tree-trenches or other design elements that assist with stormwater management. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-21 d. Building Materials in the I-P Zoning District. Unless adjacent to a historic structure or fronting an arterial or collector roadway, or if highly visible from an arterial or collector roadway, buildings may be constructed of decorative concrete block or professionally designed pre-cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, and if incorporated in a building design that is compatible with other development throughout the Zoning District. e. Mechanical Equipment and Utility Areas. Mechanical equipment must be screened on all sides. Mechanical equipment includes air conditioning units, heating units, transformers, and any equipment that provides service to a building. 1. Rooftop mechanical equipment must not be visible from the public right-of-way or sidewalk. Screening of rooftop equipment must be compatible with the architectural design of the building. Utility areas, including exterior trash and storage areas, service yards, and loading areas must be screened on all four sides. These areas must not be visible from streets, parking lots, sidewalks, or nearby buildings. Acceptable screening materials must be compatible with the principal or accessory buildings on site and may include vegetation or berms. f. Existing vegetation should be maintained to the extent possible. If trees along the street or highway must be removed for new construction, they should be replaced with native species consistent with Section [153.400.060] of this UDC. g. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. h. Design Guidelines: In addition to the standards listed herein, consideration of the City’s adopted Design Guidelines is required for any new use or development. Design Review for Exceptions. A landowner may request an exception to any of the standards listed herein, which will be subject to the review, establishment of reasonable conditions and approval of the Planning Commission and City Council. The request will be processed through a Design Review and will not be considered a variance. The Design Review does not require a public hearing, and the Design Review may or may not accompany another formal land use application. Design Review. An applicant or developer may request a Design Review of any proposed exception to the Standards established within this Section 153.400.040 Character Area Standards. The following process will apply: a. If requested, 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 Section. b. The Planning Commission will provide recommendations to the City Council on any project referred to it for Design Review. The Planning Commission may consult with staff, consultants or other experts or resources as appropriate to the application request. The City Council has final authority to grant an exception to the standards contained within this Section. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-22 153.400.050 OPEN SPACE, PARK DEDICATION, STORMWATER AND DRAINAGE Subd. 1. Summary and Intent. The purpose of regulating open space, stormwater and drainage is to protect, enhance and support the natural resource systems in the community. The regulations and standards established within this section are intended to protect the health, safety and welfare of the community and its structures by regulating site development and use of property. Subd. 2. Land Alteration and Grading Purpose. The purpose of this section is to establish regulatory requirements for land development and land disturbing activities and to minimize potential threats to public health, safety, public and private property and natural resources within the City from construction site erosion and sedimentation. General Standards. The following general standards apply for any grading, drainage and erosion control associated with any development, redevelopment, or platting: a. All development must be designed to minimize the potential for soil erosion (e.g. protection of steep slopes, using topography to guide developable areas, avoiding inadequate soils, etc.). b. Slopes over 25% (4:1) should be protected to the extent possible, and any proposed alteration must be reviewed by the City Engineer. c. Development on slopes with a grade between 12% (8:1) and 25% (4:1) must be reviewed by the City Engineer to confirm that adequate measures have been taken to prevent soil erosion, sedimentation, vegetative, and structural damage. d. Plans to place fill or excavated material on steep slopes (greater than 18%) must be reviewed by the City Engineer for slope stability and finished slopes of 30 percent or greater are prohibited. e. Erosion and siltation measures must be coordinated with the different stages of development. Appropriate control measures must be installed prior to development when necessary to control erosion. f. Land must be developed in increments of workable size so that erosion and siltation controls can be provided as construction progresses. Only the smallest practical area of land should be exposed at any one period of time. g. The drainage system must be constructed and made operational as quickly as possible during construction. h. Whenever possible, natural vegetation must be retained and protected. i. Where the topsoil is removed, sufficient arable soil must be set aside for re-spreading over the disturbed area. The soil must be restored to a depth of 4 inches and must be of quality at least equal to the soil quality prior to development. j. Erosion and sediment control measures must be maintained until final vegetation cover is established to a density of 70%. k. All temporary erosion and sediment control Best Management Practices (BMP’s) must be removed after the permanent erosion and sediment control BMP’s have been implemented and the site has been permanently stabilized. Inspection Procedures. The applicant shall promptly allow the City and its authorized representatives, upon presentation of credentials, to: a. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspection or surveys. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-23 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. 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 this Section 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 48 hours of receiving the City’s notice. For good cause shown, the City may extend the deadline for taking corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this Chapter. 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. Enforcement. Whenever the Zoning Administrator finds any violation of this UDC, the Zoning Administrator shall issue a stop work order. Such stop work order is subject to the following conditions: e. 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. f. Upon issuance of the stop work order, the cited work shall immediately cease. The stop work order may be issued for a reasonable period to be determined by the City during which time the applicant will be allowed to correct the identified violation. g. 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 Zoning Administrator. h. If the applicant does not contest the stop work order and corrects the identified violations within the designated period, the applicant may immediately commence further activity at the site. The City will inspect the site to verify correction of the violations. i. If the violations are not corrected within the designated period (with extensions), the City may correct the cited violations and draw down the escrow to cover the cost. j. 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 Section [153.500.120]. k. The City shall inspect the site before the construction project work can resume. Subd. 3. Stormwater Management. This Section is established to manage, regulate and condition the management of stormwater in the City. The following standards are established and apply to any development, use or intensification of use that may change the onsite management of stormwater. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-24 General Requirements. 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 City and meet the requirements of appropriate regulatory agencies. The City Engineer shall administer this Section. Regulation by the City does not exempt the applicant from the requirements and permitting authority of other agencies. The requirements of this section apply to all applicants or projects requiring Site Plan Review, a Conditional Use Permit, platting, or subdivision review. General Stormwater Management Standards and Design Criteria: No person may 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 from these controls. Development must minimize impact to significant natural features. All sites will be reviewed for the presence of wetlands, wooded areas of significance, rare and endangered species habitat, and areas designated by the County Biological Survey. The developer or landowner must demonstrate through the land use application or subdivision process how significant natural features will be protected if the application is approved. New development and redevelopment activities must meet the adopted water management rules, standards, and plan requirements of local watershed management organizations for volume control, rate control, and water quality. Where directed by the City and based on site suitability, the developer or applicant must 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: a. Preserving natural vegetation; b. 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 occur in these areas; c. Installing semi-permeable/permeable or porous paving; d. Using landscaping and soils to treat and infiltrate stormwater runoff; e. Identifying vegetated areas that can filter sheet flow, remove sediment and other pollutants, and increase the time of concentration; f. Disconnecting impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered; g. Increasing buffers around streams, steep slopes, and wetlands to protect from flood damage and provide additional water quality treatment; h. Installing green roofs; i. Using irrigation systems, cisterns, rain barrels and related BMP’s to reuse stormwater runoff. j. Establishing appropriate setbacks between structures so that adequate area is present to allow for localized stormwater management. The design of ponds and other stormwater BMP’s must conform to the requirements of —the City’s adopted 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-25 The lowest ground elevation adjacent to a structure in a development must be at least 3 feet above the 100-year, 24-hour elevation of the water body. The lowest ground elevation adjacent to structures that are adjacent to ponds must be certified by the applicant during basement construction to ensure adequate freeboard. If the basin is landlocked, the lowest ground elevation adjacent to a structure must be a minimum of 3 feet above the calculated high water level. Illegal disposal. 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 may be or might become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. 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. Illicit discharges and connections. No person shall cause any illicit discharge to enter the storm sewer system or any surface water unless such discharge: Consists of non-stormwater discharge that is authorized by an MPCA permit; or Is associated with firefighting activities or other activities necessary to protect public health and safety. Is associated with normal household activities such as car washing, lawn watering or draining a swimming pool. Dye testing is an allowable discharge but requires a verbal notification to the city prior to the time of the test. 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. No person shall use any illicit connection to intentionally convey a non-stormwater discharge to the City’s storm sewer system. 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. Any owner or occupant of property within the City must comply with the following requirements: a. Subsurface sewage treatment systems must be maintained to prevent failure. b. Recreational vehicle sewage must be disposed of to a proper sanitary waste facility. c. Water in swimming pools must sit for 7 days without the addition of chlorine to allow for chlorine to evaporate before discharge. d. 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. e. Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) must dispose of wastewater to a proper sanitary waste facility. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-26 f. Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff must be placed in a confined area to contain leaks, spills or discharges. Subd. 4. Stormwater and Management and Erosion Control in new Subdivisions or Changes resulting in Intensification in Use. The standards established within this section shall apply to any subdivision of land that results in three or more lots. Stormwater Drainage. The City will not approve any subdivision that does not make adequate provision for managing the quantity and quality of storm water runoff. Subdivisions must meet the adopted water management rules, standards and plan requirements of local watershed districts for volume control and water quality. The design of ponds and other stormwater Best Management Practices (BMP’s) must conform to the requirements of the City’s Engineering Standards and 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. Where a watercourse, drainage way, channel or stream traverses a subdivision the subdivider must provide a stormwater easement or drainage right-of-way, whichever the City may deem more appropriate. This easement, right-of-way or dedication must conform substantially with the lines of the water courses, together with further width or construction, or both, as will be adequate for the storm water drainage of the area. The City Engineer will determine the width of such easement or right-of way as part of the subdivision review process. a. Where topography or other conditions make the inclusion of drainage facilities within road rights- of-way impractical, the subdivider must provide perpetual, unobstructed easements at least 20 feet in width for drainage facilities across property outside the road lines and with satisfactory access to the road. Easements must be indicated on the plat. Drainage easement must extend from the road to a natural watercourse or to other drainage facilities. b. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights shall be secured and indicated on the plat. c. The subdivider must dedicate by drainage easement, land on each side of the centerline of any wetland, body of water, watercourse of drainage channel, whether or not shown on the City’s Comprehensive Plan, to a sufficient width to 1) provide proper protection for water quality 2) provide retention of storm water runoff, and 3) provide for the installation and maintenance of storm sewers, swales or other such conveyance method. Erosion Control During Construction. Prior to commencing any earth disturbing activity in the subdivision, the subdivider must submit an erosion control plan for approval by the City Engineer. The plans must be suited to the topography and soils to create the least erosion potential. Acceptable temporary and permanent erosion control plans must include, but not be limited to, the following elements: a. A site map with existing and final grades. These grades must include dividing lines and direction of flow for all pre- and post-construction storm water runoff drainage areas located within the project limits. The site map must also include impervious surfaces and soil types. b. Location of all critical areas, and areas delineated for non-disturbance. c. Locations of areas where construction will be phased for non-disturbance. d. Location and types of all temporary and permanent erosion and sediment control Best Management Practices (BMP’s). Standard plates and/or specifications for the BMPs used on the project must be included in the final plans and specifications for the project. e. Locations and types of sediment control measures for all stockpiles located on the project. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-27 f. Plans and specifications for temporary seeding and mulching any exposed soils during construction. g. Plans and specifications for final vegetation establishment, including long-term vegetation management plan for controlling noxious weeds where appropriate. h. All plans must include maintenance requirements and who will be responsible for the maintenance requirements. i. Land clearing and erosion control must comply with all rules and regulations of Federal, State, County and local agencies. j. Erosion control measures must comply with the Minnesota Pollution Control Agency’s Best Management Practices, all applicable NPDES Phase II construction site permit requirements, and the Minnesota Stormwater Manual (2006 and subsequent revisions), or other practices as approved by the City Engineer. k. The subdivider must provide the City Engineer with separate temporary and permanent erosion control plans which must be suited to the topography and soils to create the least erosion potential. Acceptable temporary and permanent erosion control plans shall include, but not be limited to, the following elements: The land should be developed in increments of workable size so that adequate controls of erosion and siltation can be provided and maintained during the construction period. Grading operations and other land disturbing operations must be staged so that the area being developed is not exposed for long periods of time without restabilization. Natural vegetation must be protected whenever practical. All areas of natural vegetation are to be protected must be identified prior to any construction activity commencing. Trees must be protected to meet the requirements of Section [153.400.070] Woodland and Tree Preservation. Temporary vegetation and/or mulching must be used to protect the areas exposed during the development. No area shall be left denuded for a period longer than 7 days after initial site grading and other land disturbing operations on slopes of 3:1 or steeper; 14 days after initial site grading and other land disturbing operations on slopes between 3:1 and 10:1; and 21 days after initial site grading and other land disturbing operations on all other slopes. These areas must be seeded, mulched and stabilized with erosion control netting or blanket acceptable to the City Engineer. Permanent vegetation must be installed within 30 days after completion of initial grading. If grading is not completed until after the planting season has expired, temporary erosion control measures, including dormant seeding and mulching, must be installed. Sediment basins (debris basins, de-silting basins or silt traps) must be installed and maintained to remove sediment from runoff waters from the land undergoing development. Storm sewer inlets must be provided with debris guards and microsilt basins to trap sediment and avoid possible damage from blockage. The silt should be removed when necessary. If sediment/siltation measures taken are not adequate and result in downstream sediment, the subdivider will be responsible for cleaning out or dredging downstream storm sewers and ponds and restoration or disturbed areas as necessary. Temporary rock construction access drives must be constructed and maintained in working condition throughout construction. Before grading is commenced, all control measures as shown on the approved plan must be installed. The subdivider is responsible for the cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts, and swales) within the subdivision and adjacent off-site storm sewer system that receives storm water from the subdivision. The subdivider must follow all instructions it receives from the City concerning the cleaning and maintenance City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-28 of the storm sewer system. The subdivider’s obligations under this paragraph will end after the erosion control is complete and financial guarantees have been released. The subdivider is responsible for cleaning all streets in the subdivision from silt and dirt from the subdivision. At a minimum scraping and sweeping must take place on a weekly basis. If the City finds that the street cleaning is not adequate, the City may order cleaning of the streets and the subdivider must pay the cost. If the subdivider fails to do so, the City may draw on the subdivider’s financial guarantee with the City and use it to provide payment for the cleaning. l. No certificate of occupancy will be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot covered with topsoil with an average depth of at least four inches over the entire area of the lot, except that portion covered by buildings or streets, or where the grade has not been changed or natural vegetation seriously damaged. The soil must be stabilized by planting or seeding. The soil must not contain particles more than one inch in diameter. Topsoil shall not be removed from the subdivision or used as spoil. m. Debris and Waste. No cut trees, diseased trees, timber debris, ear, rocks, stones, soil, junk, rubbish or other waste materials of any kind may be buried in any land or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials will be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence may be left or deposited in any area of the subdivision at the time of expiration of the Development Agreement or dedication of public improvements, whichever occurs sooner. n. Enforcement. The City may issue a stop work order halting all development work and building construction for noncompliance with the erosion control plan. The City will conduct site inspections for compliance with appropriate erosion control measures, and any related issues regarding non-compliance will be addressed as appropriate. 153.400.060 LANDSCAPING, BUFFERING AND FENCES Subd. 1. Summary and Intent. The purpose of the standards identified in this Section are to support the rural character of the community and to support the transition between lots, uses, character areas and districts through landscaping, buffering and fencing. Subd. 2. Landscaping. The character of the community is defined by its existing trees and vegetation. The following standards are intended to support and enhance the City’s character through both preservation of existing vegetation and enhancement through the planting of new trees and vegetation. Purpose. 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 Section 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-29 Landscaping Plan. A landscaping plan must be submitted at the time of Site Plan/Preliminary Plat review for any: Major residential subdivision, or new development or new building construction in any commercial, industrial, public/institutional or planned unit development. 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 will be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Zoning Administrator. In all cases appropriate screening and buffering must be provided for the entire site. General Plan Requirements. Landscape plans must be prepared by a landscape architect or other qualified person acceptable to the Zoning Administrator and must include information as required by Section [153.500], and a Woodland Preservation Plan as per Section [153.400.070], as applicable. Design Standards and Guidelines. All landscape plans shall adhere to the following: Character Areas and Design Guidelines. Landscape plans must be reviewed for compliance with the applicable Character Area required in [Section153.400.040] and should be reviewed for compatibility with the Scandia Architectural Design Guidelines, as applicable. Landscaped Areas. All open areas of a lot which are not used or improved for required parking areas, drives or storage must 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 and incorporate native vegetation. Number of trees. The minimum number of major or over-story trees on any given site is indicated in Table 153.400.060-1. Table 153.400.060-2 identifies the minimum number of 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 to accommodate various landscape designs. If requested by the applicant, the City Council may consider reducing the required number of trees if the landscape plan reflects the natural landscape. Table 153.400.060-1. Required Number of Trees Use Number of Trees Single-Family Residential 5 trees per dwelling unit Multi-Family Residential 5 trees per dwelling unit Commercial/Industrial 10 trees or 1 tree per 1,000 square feet of gross building floor area, whichever is greater Site Ground Cover. All front, side or rear yards facing a right-of-way must be treated with a ground cover material consisting of either lawn and/or native prairie grasses. The ground cover must 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 will satisfy this requirement. Building Ground Cover. A minimum five-foot strip from building walls facing a public right-of-way must be treated with decorative ground cover and/or foundation plantings, except for garage/loading and pedestrian access areas. Minimum Planting Size. The complement of trees fulfilling the requirements of this Section must 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-30 Table 153.400.060-2. Minimum Planting Size Required Required Planting Material % of Tree Type Size Required Over-story Trees 50% 50% 2 ½ inches 1 ½ inches Under-story Trees 50% 50% 1 ½ inches 1 inch Ornamental Trees 50% 1 inch Coniferous Trees 4 feet in height Tall Shrubs or Hedge 3 feet Low Shrubs 2 or 5 gallon City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-31 Species. The following is a list of recommended plant materials: Table 153.400.060-3. List of Recommended Plant Materials Common Name Scientific Name Type Native CONIFERS Balsam Fir Abies balsamea Conifer No Eastern Red Cedar Juniperus virginiana Conifer Yes Tamarack Larix laricina Conifer Yes White Spruce Picea glauca Conifer Yes Norway Spruce Picea abies Conifer No Jack Pine Pinus banksiana Conifer Yes Norway Pine Pinus resinosa Conifer Yes White Pine Pinus strobus Conifer Yes American Arborvitae; White Cedar Thuja occidentalis Conifer Yes Canadian Hemlock Tsuga Canadensis Conifer Yes DECIDUOUS TREES Red Maple Acer rubrum Primary Deciduous; Overstory Yes Silver Maple and Cultivars Acer saccharinum Primary Deciduous; Overstory Yes Sugar Maple Acer saccharum Primary Deciduous; Overstory Yes Ohio Buckeye Aeschylus glabra Primary Deciduous; Overstory No Yellow Birch Betula alleghaniensis Primary Deciduous; Overstory No River Birch Betula nigra Primary Deciduous; Overstory Yes Paper Birch Betula papyrifer Primary Deciduous; Overstory Yes American Hornbeam; Blue Beech Carpinus caroliniana Primary Deciduous; Understory Yes Bitternut Hickory Carya cordiformis Primary Deciduous; Overstory Yes Shagbark Hickory Carya ovate Primary Deciduous; Overstory No Northern Catalpa Catalpa speciosa Primary Deciduous; Overstory Yes Hackberry Celtis occidentalis Primary Deciduous; Overstory Yes Hawthorn Crataegus crus-galli Primary Deciduous; Ornamental Yes Honeylocust Gleditsia triacanthos Primary Deciduous; Overstory No Kentucky Coffee Tree Gymnocladus dioica Primary Deciduous; Overstory Yes Black Walnut Juglans nigra Primary Deciduous; Overstory Yes City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-32 Common Name Scientific Name Type Native Crabapple Malus sp. Primary Deciduous; Ornamental No Ironwood Ostrya virginiana Primary Deciduous; Understory Yes Cottonwood (male, non-seeding) Populus deltoides Secondary Deciduous; Overstory Yes Quaking Aspen Populus tremuloides Secondary Deciduous; Overstory Yes Canada Plum Prunus nigra Primary Deciduous; Ornamental No Black Cherry Prunus serotina Primary Deciduous; Overstory Yes White Oak Quercus alba Primary Deciduous; Overstory Yes Swamp White Oak Quercus bicolor Primary Deciduous; Overstory Yes Northern Pin Oak Quercus ellipsoidalis Primary Deciduous; Overstory Yes Bur Oak Quercus macrocarpa Primary Deciduous; Overstory Yes Pin Oak Quercus palustris Primary Deciduous; Overstory Yes Red Oak Quercus rubra Primary Deciduous; Overstory Yes Black Oak Quercus velutina Primary Deciduous; Overstory Yes American Mountain Ash Sorbus Americana Primary Deciduous; Ornamental Yes European Mountain Ash Sorbus aucuparia Primary Deciduous; Ornamental No Basswood; American Linden Tilia Americana Primary Deciduous; Overstory Yes Littleleaf Linden Tilia cordata Primary Deciduous; Overstory No American Elm (Dutch Elm-resistant varieties Ulmus Americana Primary Deciduous; Overstory Yes Slippery Elm; Red Elm Ulmus rubra Primary Deciduous; Overstory Yes DECIDUOUS SHRUBS Downy Serviceberry Amelanchior arborea Tall Shrub; Understory Yes Shadbow Serviceberry Amelanchior canadensis Tall Shrub; Understory Yes Allegany Serviceberry Amelanchior laevis Tall Shrub; Understory Yes Leadplant Amopha canescens Low Shrub; Understory Yes Red Chokeberry Aronia arbutifolia Low Shrub; Understory Yes Black Chokeberry Aronia melanocarpa Low Shrub; Understory Yes Pagoda Dogwood Cornus alternifolia Tall Shrub; Understory Yes Gray Dogwood Cornus racemosa Tall Shrub Understory Yes Redosier Dogwood Cornus stolonifera Tall Shrub; Understory Yes American Hazel Corylus Americana Tall Shrub; Understory Yes City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-33 Common Name Scientific Name Type Native Bush Honeysuckle Diervilla lonicera Low Shrub; Understory Yes Wahoo Euonymous atropurpureus Tall Shrub; Understory Yes Common Witchhazel Hamamelis virginiana Tall Shrub; Understory Yes Wild Plum Prunus Americana Tall Shrub; Understory Yes Pin Cherry Prunus pensylvanica Tall Shrub; Understory Yes Fragrant Sumac Rhus aromatic Low Shrub; Understory Yes Smooth Sumac Rhus glabra Tall Shrub; Understory Yes Saghorn Sumac Rhus typhina Tall Shrub; Understory Yes Willows (native to Minnesota) Salix, sp. Low Shrub; Understory Yes Arrowwood Viburnum Viburnum dentatum Low Shrub; Understory Yes Nannyberry Viburnum lentango Tall Shrub; Understory Yes American Highbush Cranberry Viburnum trilobum Tall Shrub; Understory No The complement of trees fulfilling the requirements of this Section may be not less than 25% deciduous and not less than 25% coniferous, unless the proposed plantings are designed to create a natural setting and it is approved by the City Council. Single-family detached housing development is exempt from this requirement. No invasive species as identified by the Minnesota Department of Natural Resources are permitted, or any of the following to meet the tree requirement: a. A species of the genus Ulmus (elm), except those elms bred to be immune to Dutch Elm disease; b. Female Cottonwood; c. A species of the genus Fraxinus (ash); or d. Female ginko. Parking Lots/Planting Islands. All automobile parking lots designed for 15 or more parking spaces must provide landscaping areas dispersed throughout the parking lot to avoid the visual monotony, heat and wind associated with large parking areas. Parking lots with less than 15 spaces are not required to provide landscaping other than yard area and buffer landscaping requirements as specified in other sections of this UDC. a. Plant Materials. At least one over-story/shade tree must be provided for each 15 parking spaces. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the shade trees, but may not be the sole contribution to such landscaping. b. Additional perimeter plantings may be used to satisfy this requirement in parking facilities less than 60 feet in width. 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 must incorporate trees and other plantings into the design. In no situation are berms to be used as the sole means of screening. Landscape Guarantee. A financial guarantee must be submitted as provided by Section [153.500.070. Subd. 2] City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-34 Subd. 3. Screening and Buffering. The following screening and buffering standards are established to allow for appropriate and adequate transitions between different, but adjacent, Character Areas and/or Zoning Districts. Screening is required: As a transition between different, but adjacent Character Areas and/or Zoning Districts: a. When any nonresidential, commercial or industrial off-street parking area contains more than 4 parking spaces and is within 30 feet of a parcel in residential use. b. When a driveway to a nonresidential parking area of more than 6 parking spaces is within 15 feet of a parcel in residential use. c. Where any business or industrial use (structure, parking or storage) is adjacent to property in residential use, that business or industry must provide screening along the boundary of the residential property. Screening must also be provided where a business, parking lot or industry is across the street from a residential use, but not on the side of a business or industry considered to be the front. Screening may be required between uses within the same Character Area and/or Zoning District as part of a land use application or subdivision process, which will be determined by the City Council Performance Standards. The screening required in this Section may 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 the area or object to be screened. Required screening for parking areas must provide a 100% opaque screen not less than 4 feet in height. Subd. 4. Fences. The following standards are established to regulate the design, construction and appearance of fences to create a compatible and cohesive transition between lots, Zoning Districts and Character Areas. General Performance Standards. Fences are permitted in accordance with the following regulations. The diagram that follows defines the front, side and rear yards for purposes of this Section. Fencing must comply with the Character Area standards provided in Section [153.400.040]. The side of the finished side of the fence) must face the abutting property with side with structural supports facing the subject lot. No fence may be constructed on public rights-of-way. Fences may not impede the view of the roadway from a driveway providing access to the road. 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. An Administrative Permit and Building Permit are required for any fence exceeding six (6) feet in height. The maximum height of any fence is 8 feet in height. Fence setbacks and corresponding height. Figure ]153.400.060-1] is provided to define the setback location and standards applicable to the construction of fences in any Zoning District as described in the following sections. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-35 Figure 153.400.060-1. Fence Diagram. Fence Location. a. Fences may be placed along a property line provided no physical damage of any kind results to abutting property. b. Fences in front of the Principal Structure are permitted up to six (6) feet in height if setback a minimum of 20-feet from the right-of-way line, or front lot line, whichever is greater. i. Fences in front of the Principal Structure located closer than 20-feet to the right-way line are permitted up to four (4) feet in height. Any fence constructed parallel to the right-of-way line must be setback a minimum of two (2) feet. c. Fences located behind the Principal Structure as depicted on Figure [153.400.060-1] may be constructed up to eight (8)feet in height. d. Any fence exceeding six (6) feet in height is required to obtain an Administrative Permit and a Building Permit. e. If the primary use of a property is Agricultural, then a fence up to six (6) feet along the right-of- way line is permitted provided that the fence is a wire strand, woven wire, or wood split rail fence. Fences in SM-O or SCRD-O. On properties located in the Shoreland Management Overlay District or Lower St. Croix River Corridor Overlay District with lake or river frontage, fences must comply with the following standards: An Administrative Permit is required prior to the construction of any fence. A fence greater than 4-feet up to a maximum of 6-feet is permitted if located to meet all required setbacks of the Base Zoning District and the Overlay District as provided in Sections [153.200.030] and [153.200.040]. A fence 4-feet or less is permitted within the required front, side or rear yard, including on the property line with the following exception: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-36 a. No fence may be constructed closer to the lake or river than the required lake or river setback requirement unless the existing home is located closer to the lake or river than the required setback. If the existing principal structure is located closer than the setback to the lake or river the fence may be constructed even with the lake or river side of the principal structure. Subd. 5. Land Clearing. As established within this UDC the City is defined by the natural vegetation and trees that establish the rural character of the community. The purpose of the standards that follow is to minimize any Land Clearing to the extent possible, while acknowledging that Land Clearing is necessary for development and redevelopment of some properties within the City. Required Permits: Land clearing of an area 20,000 square feet or more is permitted in all Zoning 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 if a building permit has been issued, and there is minimal amount of clearing; and subdivisions that have received Final Plat approval. Other Requirements. Land Clearing must comply with all rules and regulations of Federal, State, County and local agencies. Performance Standards. Land clearing must comply with the following: No removal of trees located on slopes greater than 25%, or in wooded floodplains, wooded wetlands, and stream corridors is permitted. Trees and woodlands within the Shoreland Management Overlay District and the Lower St. Croix River Corridor Overlay District are subject to the requirements as stated in Chapters 154 and 155 in addition to the regulations of this UDC. Construction fences or barricades may be required to be placed at the perimeter of the area to be cleared. Erosion and siltation measures must be coordinated with the different stages of clearing. Appropriate control measures must be installed prior to land clearing when necessary to control erosion. Land must be cleared in increments of a workable size so that erosion and siltation controls can be provided as the clearing progresses. The smallest practical area of land should be exposed at any one period of time. Restoration. All permits must contain a restoration plan providing for the use of the land after project completion. The following are minimum standards for restoration: a. All disturbed areas must be restored at the completion of the project. b. All restoration must include the application of a minimum of four (4) inches of mineral soil or similar material that will support plant growth. c. All restored areas must be seeded with a mixture recommended by the soil and Water Conservation District unless it is put into forest or row crop production. d. Final grades must be in conformity with the permit and topography of the surrounding land. e. The standards above may be raised or modified to accommodate a specific restoration plan. f. The Zoning Administrator may require the applicant to post a financial guarantee to ensure compliance with the Administrative Permit. 153.400.070 WOODLAND AND TREE PRESERVATION Subd. 1. Summary and Intent. The City has established the importance of protecting the natural vegetation including woodlands and trees as an essential part of its rural character. To ensure that development, City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-37 redevelopment and /or subdivision of any site appropriately protects the natural vegetation and woodlands the following standards are established. Subd. 2. Woodland and Tree Preservation. 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. Applicability. A Woodland Preservation Plan is required for: a. Any Preliminary Plat where significant trees or significant woodlands exist in the proposed construction zone. b. Any Minor Subdivision where significant trees or significant woodlands exist in the proposed construction zone. c. Any Landscape Plan as required Section [153.400.060] where significant trees or significant woodlands exist in the proposed construction zone. A Woodland Preservation Plan is not required for: a. Removal of Diseased Trees. All diseased, hazardous, dead and dying trees may be removed. b. 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. Woodland Preservation Plan Requirements. a. All Woodland Preservation Plans must be certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant. b. The Woodland Preservation Plan must include the following information: Boundary lines of the property with accurate dimensions as established by survey. Location of existing and proposed buildings, structures, parking lots, roads, impervious surfaces and other improvements. Proposed grading plan with two-foot contour intervals and limits of the construction zone. 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. 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. Location of significant trees and significant woodlands proposed to be removed within the construction zone, identified in both graphic and tabular form. Measures to protect significant trees and significant woodlands, as required by Section this Section and Section [153.400.070]. 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. The name(s), telephone number(s), and address(es) of Applicants, property owners, developers, and/or builders. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-38 Signature and qualifications of the person preparing the plan. Significant Tree Replacement. All significant trees removed must 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. The list of coniferous, primary and secondary deciduous tree species is included in Section [153.400.060]. Table 153.400.070-1. Significant Tree Replacement Schedule 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. Significant Woodland Replacement. All significant woodlands removed must be replaced by the applicant. The number of replacement trees will be determined using one of the following methods, and the method that yields the greater number of replacement trees will be required. 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 deciduous tree of at least 4 caliper inches or 1 coniferous tree at least 12 feet tall; or 2 deciduous trees of at least 2.5 caliper inches or 2 coniferous trees at least 6 feet tall; or 4 deciduous trees of at least 1.5 caliper inches or 4 coniferous trees at least 4 feet tall. c. Species Requirement. The City may require that the replacement species is identical to the removed species. Where 10 or more replacement trees are required, not more than 50% of the replacement trees may be of the same species of tree without the approval of the City. 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 groundcover seed mix Tree Replacement Schedule. Size of Tree Damaged or Destroyed Number of Replacement Trees A B C Deciduous trees at least 4 caliper inches; Coniferous trees at least 12 feet in height Deciduous trees at least 2.5 caliper inches; Coniferous trees at least 6 feet in height Deciduous trees at least 1.5 caliper inches; Coniferous trees at least 4 feet in height Coniferous, 12 to 24 feet high 1 2 4 Coniferous, greater than 24 feet in height 2 4 8 Primary Deciduous, 6 to 20 inches diameter 1 2 4 Primary Deciduous, greater than 20 inches in diameter 2 4 8 Secondary Deciduous, 20 to 30 inches diameter 1 2 4 Secondary Deciduous, greater than 30 inches diameter 2 4 8 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-39 and/or understory planting approved by the City Engineer must be planted along with the replacement trees. 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 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 8 months of removal. Landscaping Requirements. The tree plantings required for mitigation are in addition to any other landscape requirements as required in other sections of this UDC. Shoreland Overlay District. Trees and woodlands within the Shoreland Management Overlay District are subject to the requirements stated in Chapter 154, in addition to the regulations of this Section. Required Protective Measures. The following measures mut 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 is permitted 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 pruned must have any cut areas sealed immediately with an appropriate non-toxic tree wound sealant. The sealant must 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 or paints. 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. Review Process. The Woodland Preservation Plan must 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 is required to 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 physical features so that the fewest significant trees and significant woodlands are destroyed or damaged. Compliance with the Plan. a. Implementation of the Plan. The applicant must implement the Woodland Preservation Plan prior to and during any construction. The tree protection measures must 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 may be removed until a Woodland Preservation Plan is approved. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-40 b. Performance Guarantee. The applicant must 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 requirements, will be calculated as follows: 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 will 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. 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 applicant complied with the tree replacement schedule. In no event will the performance guarantee be released earlier than completion of the warranty requirements. c. Noncompliance. If a significant tree or significant woodland is removed without permission of the City, or damaged so that it is in a state of decline within 1 year from date of project closure, the cash performance guarantee, $100.00 per caliper inch of significant tree or $1.50 per square foot of significant woodland, must be remitted to the City. The City will have the right to inspect the development and building site in order to determine compliance with the approved Woodland Preservation Plan. The City will determine whether compliance with the Woodland Preservation Plan has been met. 153.400.080 PARKING, DRIVEWAYS AND DRIVE-LANES Subd. 1. Summary and Intent. The following Sections are established to provide regulations and standards regarding parking, driveways and drive-lanes. The following standards may be applicable to new site development, change in use or intensity of a site, and/or subdivision. Subd. 2. Parking. The following parking standards are established so that adequate parking is provided to support the intended use of a lot, property or building. General Provisions. 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. The placement, design, screening, buffering and landscaping of parking areas must conform to the standards established within Section 153.400.040 of this UDC. Parking as required by the Americans with Disabilities Act (ADA) for the disabled shall be provided. Required off street parking space in any Zoning District may not be utilized for open storage of goods or for the storage of vehicles that are abandoned, inoperable, unlicensed, discarded, junked, for sale or for rent. No motor vehicle repair work of any kind is 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. Landscaping and screening requirements of Section [153.400.040] and Section [153.400.060] must be met for any proposed use or subdivision. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-41 Surfacing and Drainage. Off street parking areas must be improved with a durable and dustless surface. Such areas must be graded and drained to dispose of all surface water accumulation within the parking area. The following standards regarding surface type are established: Residential Uses (Four (4) units or less). May include crushed rock (and similar treatment for parking), asphalt, concrete or a reasonable substitute surface as approved by the City Engineer. All other uses must utilize asphalt, concrete or a reasonable substitute surface as approved by the City Engineer. Pervious or permeable pavements or pavers may be used for any use if approved by the City Engineer. All surfacing must be completed prior to occupancy of the structure unless other arrangements have been made with the City. Location. All accessory off street parking facilities required herein must be located as follows: Residential Uses. a. Spaces accessory to one- and two-family dwellings must be on the same lot as the principal use served or may be located on an adjacent parcel if the lot with the primary use and the adjacent parcel are under common ownership. b. Spaces accessory to multiple family dwellings must be on the same lot as the principal use served and within 200 feet of the main entrance to the principal building served. Exception: Spaces accessory to multiple family dwellings located on an adjacent lot may be permitted with a shared parking agreement in the V-HC and V-C Zoning Districts. Such arrangements must be reviewed and approved by the City Council. Commercial or Industrial Uses. Spaces accessory to commercial or industrial uses must be on the same lot as the principal building, except that: a. 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 is equal to the sum of the separate requirements of each use during any peak hour parking period. b. Subject to approval by the City Council, required accessory off street parking facilities may be provided elsewhere than on the lot on which the principal use served is located. Said parking facilities must be in the same ownership or control, either by deed or long-term lease, as the property occupied by the principal use. The owner of the principal use must file a recordable document with Washington County requiring the owner and their heirs and assigns to maintain the required number of off street parking spaces during the existence of said principal use. Minimum Number of Parking Spaces. The required number of parking spaces required by this Section may be reduced if a detailed parking analysis supporting the reduction is provided and approved by the City Council. When calculating parking stall requirements, a fraction of a number must be rounded up to the next whole number. The minimum number of parking spaces is calculated as follows: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-42 Table 153.400.080-1. Minimum Number of Parking Spaces Use Minimum Number of Spaces Required Single Family Dwelling 2 spaces. Multiple Dwelling Units 2 spaces per dwelling unit. At least 1/2 of the required spaces must be enclosed. Place of Worship and Other Places of Assembly 1 space for each 3 seats or for each 5 feet of pew length. Based on maximum design capacity. Offices 1 space for each 200 square feet of gross floor space. Hotels, Motels 1 space per unit plus 1 space per employee. Schools, Elementary and Junior High 3 spaces for each classroom. Schools, High School through College 1 space for each 4 students based on design capacity plus 3 additional spaces for each classroom. Residential Facility, State Licensed 1 space for each bed plus 1 space for each 3 employees other than doctors. Sports and Fitness Clubs 1 space for each 200 square feet of floor area. Bowling Alley 6 spaces for each alley, plus additional spaces as may be required for related uses such as a restaurant. Motor Vehicle Service Station 2 spaces plus 3 spaces for each service stall. Retail Store 4 spaces for each 1,000 square feet of gross floor area. Medical or Dental Offices/ Clinics 6 spaces per doctor or dentist. Restaurants, Bars or Taverns 1 space for each 2½ seats, based on capacity design. Funeral Homes 8 spaces for each chapel plus 1 space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off the street for making funeral procession. Furniture Store, Wholesale, Auto Sales, Repair Shops 3 spaces for each 1,000 square feet of gross floor area. Open sales lots shall provide 2 spaces for each 5,000 square feet of lot area, but not less than 3 spaces. Industrial, Warehouse, Storage, Handling of Bulk Goods 1 space for each 2 employees on maximum shift or 1 for each 2,000 square feet of gross floor area, whichever is greater. Marinas 1½ spaces per slip plus 1 space per employee and a minimum of 20, 12 feet x 25 feet, trailer stalls. Golf Driving Range 1½ spaces per hitting station plus one for each employee on the maximum shift. Self-Storage Facilities, Enclosed 1 space for each 100 storage units and 2 spaces for a live-in manager, if any. Beauty Salons, Barbers, Day Spas, Massage Therapy and Similar Personal Services 2 spaces for each chair or station. Uses Not Specifically Noted As determined by the Zoning Administrator, 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 Transportation Engineers. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-43 Design and Maintenance of Off-Street Parking and Loading Areas. General Requirements. a. Parking areas must be designed to provide adequate means of access to a public street. All off street parking spaces must have access from driveways and not directly from the public street. Access driveways must comply with the requirements of Sections [153.400.080]. b. Any lighting used to illuminate an off-street parking area must comply with Section [153.400.030]. c. Fire access lanes must be provided as required by the building or fire code. d. Any parking areas where four (4) or more spaces are required must 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 10 feet from the property line. e. Adequate off-street loading areas must be provided for commercial and industrial uses. Loading spaces must include a maneuvering area which may not use or block any portion of the site containing parking stalls, access drive, customer service areas or required fire lanes. Loading spaces and maneuvering areas may not include areas within required setbacks or public rights-of-way. f. It is 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. Dimensional Requirements. Unless otherwise specified in this Chapter, setbacks and stall, aisle and driveway design for required off- street parking must comply with the following standards. These standards do not apply to parking areas for one and two-family dwellings or agricultural uses. Table 153.400.080-2. Dimensional Requirements Dimension (Feet) Diagram 45° 60° 75° 90° Stall width parallel to aisle (1) A 12.7 10.4 9.3 9.0 Stall length of line B 25.0 22.0 20.0 18.5 Stall depth C 17.5 19.0 19.5 18.5 Aisle width between stall lines D 12.0 16.0 23.0 26.0 Stall depth, interlock E 15.3 17.5 18.8 18.5 Module, edge of pavement to interlock F 44.8 52.5 61.3 63.0 Module, interlocking G 42.6 51.0 61.0 63.0 Module, interlock to curb face H 42.8 50.2 58.8 60.5 Bumper overhang (typical) I 2.0 2.3 2.5 2.5 Offset J 6.3 2.7 0.5 0.0 Front yard setback of parking to lot line K 10 Side and rear yard setback of parking to lot line K 10 Entrance drive or cross aisle, one-way L 14.0 Entrance drive or cross aisle, two-way L 24.0 Minimum 32.0 Maximum Front lot line to drive (landscape area) M 10.0 Side and rear lot line to drive N 10.0 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-44 Dimension (Feet) Diagram 45° 60° 75° 90° Parallel parking, stall width -- 9.0 Parallel parking. stall length -- 23.0 Parking or drive aisle setback to principal structure O 10.0 Minimum inside turning radius for fire lanes -- As required to comply with minimum turning radii for fire apparatus equipment (1) 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 separating two (2) or more parking areas are not required to observe the parking setback from a common lot line. 153.400.090 EXTERIOR STORAGE Subd.1. Summary and Intent. The City is divided into different Character Areas and Zoning Districts each with different dimensional standards and requirements that have a direct impact on the use of property including City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-45 exterior storage. The purpose of this section is to establish regulations for exterior storage that are correlated to the Character Area and/or Zoning District. Subd. 2. Exterior Storage and Off-Street Parking for Residential and Agricultural Uses. Exterior storage shall be regulated by the following standards. Residential and Agricultural Uses. All materials, machinery, vehicles, and equipment must be stored within a building or fully screened so that it is not visible from adjoining properties and public streets, except for the following: Construction, landscaping and agricultural materials and equipment currently (within a period of 6 months) being used on the premises. Off-street parking of licensed passenger automobiles and pick-up trucks; and the parking of such other motor vehicles as may be permitted by Section [153.400.080]. Recreation Equipment (non-vehicular) and Recreation Facilities may be stored outside. Storage of not more than 2 Large Recreational Vehicles (LRV) or Recreation Camping Vehicles (RCV) as permitted in this Section. Recreation Camping Vehicles, while parked or stored, may not 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 30 days per year while visiting the resident of said property. The recreation camping vehicle or trailer must have compliant self-contained sanitary facilities. 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 use may be allowed by Conditional Use Permit. All such exterior storage in commercial/industrial areas must be screened as provided by Section [153.400.060], with the following exceptions: Merchandise being displayed for sale; Materials and equipment currently being used for construction on the premises; and Merchandise located on service station pump islands. Storage of Large Recreational Vehicles (LRV) or Recreation Camping Vehicles (RCV). Storage of large recreational vehicle or recreation camping vehicles is permitted on residential and agricultural parcels as follows: Lakeshore parcels. a. Boats, boat docks, and boat lifts may be stored outside on the lake side of lakeshore parcels between September 15 and May 30, and are not included in the total number of LRV or RCV permitted on those parcels in items B and C below. Parcels one-half acre (0.5 acre) or less in area. a. One LRV or RCV may be stored outside on the parcel. b. The vehicle must be stored entirely on the owner’s property and must be located at least five (5) feet from the side lot lines, and at least ten (10) feet from the rear lot line. c. If the physical conditions on the parcel (including but not limited to steep slopes, locations of wetlands, location of the principal structure) prevent the location of the LRV or RCV within the side or rear yard, the property owner may obtain an administrative permit authorizing the location of the vehicle in the front yard. Parcels larger than one-half acre (0.5 acres) in area: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-46 a. Up to two LRVs or RCVs may be stored on the parcel. b. The vehicles must be stored entirely on the owner’s property and must be located at least five (5) feet from the side lot lines, and at least ten (10) feet from the rear lot line. c. Storage any vehicle in the front yard must be located at least two hundred (200) feet from the road right-of-way. In addition to the requirements above, the exterior storage of large recreational vehicles is permitted, provided that: a. Corner lots. In the case of a corner lot, LRV or RCV may be stored on the side of an attached or detached garage adjacent to the public road right-of-way, but must be located at least twenty (20) feet from the public right-of-way and must be screened from view by a fence, existing vegetation, or plantings that are a minimum six (6) feet in height. b. Drainage and utility easements. LRV or RCV may not be parked within a drainage or utility easement. c. Parking of licensed LRV and RCV is prohibited on all public roadways except while being loaded or unloaded for a period not to exceed twenty-four (24) hours. Off-Street Parking for Residential and Agricultural Uses. Off street parking facilities accessory to residential and agricultural uses must be utilized solely for the parking of passenger automobiles and trucks with a maximum gross vehicle weight rating (GVWR) 12,000 pounds or less, and no more than 30 feet in length. No more than 4 such vehicles per lawful dwelling unit may be parked or stored outside of a building on parcels of 10 acres or less except visitors and guests by permission of the property resident. More than 4 vehicles may be permitted within an Interim Use Permit. a. Larger trucks, contracting or excavating equipment and storage trailers may not be parked, stored or otherwise located on any lot, with the following exceptions: Trucks, tractors and other vehicles and equipment directly associated with an agricultural use of the property; or 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. Licensed vehicles parked or stored outside on residential or agricultural property shall be parked as follows: Vehicles must be parked on a paved driveway or other impervious surface that is a designated driveway or parking area. Visitors and guests may park on a boulevard or open yard space with the permission of the owner of the property for up to 72 hours. Vacant Lots. No personal property, vehicles, recreation equipment, large recreational vehicles, recreational camping vehicles, lumber or materials (except during the process of construction of a structure) may be kept or maintained on any lot or property on which a permanent structure is not located. This standard does not include contiguous parcels or lots that are under the same ownership on which a principal structure is constructed. 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 may not be adjacent to a street and all setbacks must be met. The container may be located on the property for a period not to exceed six (6) months per year, and is only permitted as storage while remodeling or other similar activities relating to the property are active. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-47 153.400.100 SIGNS Subd. 1. Summary and Intent. The sign standards within this Section are established to allow for the appropriate types, scale and size of signs based on the Character Area and Zoning District where the sign is located. Subd. 2. 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. No Permit is required for the following signs: Signs, except those specifically defined within this Section, up to ten (10) square feet in area. Noncommercial Signs, will be regulated consistent with Minnesota Statutes 211B.045 or successor statutes, for time and duration. During years without a general state election signs must comply with the standards stated within this Section. Signs placed on parcels that are currently offered for sale providing such signs are not closer than 10 feet to any property line and shall not exceed ten (10) square feet in area. One sign shall be permitted for each street frontage. Signs erected on parcels that are currently under construction for single-family or multiple-family residences that are intended to promote the construction, sale or leasing of the project. The plat of the development must be recorded with the Washington County Recorder prior to the erection of a sign. Signs are subject to the following standards. a. Such signs may not exceed one hundred (100) square feet in area. b. Only one (1) sign is permitted per each road frontage with a maximum of three (3) signs per project. c. Such signs shall be removed when the project is eighty percent (80%) completed, sold or leased. d. Such sign must be located on the property which is for sale. Off-site development project signs are prohibited. e. One sign for each street entrance to a parcel currently under construction is permitted. The maximum sign area is thirty-two (32) square feet per surface and no sign may have more than two surfaces. The sign must not exceed eight (8) feet in height. f. If the work authorized under a sign permit has not been completed within six (6) months after the date of issuance, the permit will become null and void. Permit Required. Except as otherwise provided in this UDC, 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 the applicable permit shall be accompanied by the established fee. Signs by Conditional Use Permit. Where a use is permitted in a Zoning District by Conditional Use Permit, the sign for that use is required to obtain a separate Conditional Use Permit unless the sign is otherwise provided for within the CUP or is permitted within the Base Zoning District. General Standards. a. Signs located in the V-N, V-C, V-HC and R-C Zoning Districts must be consistent with Section [153.400.040]. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-48 d. When permitted, backlit or illuminated signs must be diffused or indirect so as not to direct rays of light onto any public right-of-way or adjacent residential property. No backlit or illuminated signs or their support structures may 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. e. LED (light-emitting diode) luminaires, or other energy-saving luminaires, may be used in backlit signs, illuminated signs or other signs permitted by this ordinance. f. Flashing signs and animated signs (also called Dynamic Display signs) are prohibited. g. Signs giving off intermittent, rotating, or direct light, which may be confused with traffic, aviation, or emergency signaling, are prohibited. h. One (1) wall sign is allowed for each street frontage on a building for each use located within such building. The maximum total area of all wall signs affixed to a building wall is twenty percent (20%) of the total area of that wall. No individual wall sign shall exceed one hundred and fifty (150) square feet. i. A wall sign must not project more than eighteen (18) inches from the wall to which the sign is affixed. Wall mounted signs must not exceed the roof line on any building. j. The City Council may approve the placement of murals on building walls that exceed the standards for wall signs. Signs must not be painted on a fence, tree, or other object in any district. Roof signs are prohibited in all Zoning Districts. All signs and displays using electric power must 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. Multi-faced signs must not exceed two (2) times the allowed square footage of single faced signs. Except for more restrictive parts of this Section, 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 obstruct more than fifty (50) percent of the view of a lake, river, rocks, wooded, area, stream or other point of natural and scenic beauty. 4. Any sign that requires a permit, but no permit has been issued, must 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. Any sign which is abandoned or becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, must 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-49 Agriculture and Rural Residential Signs. Signs in A-P, AG-C, RR-G, and RR-N Zoning Districts ), Agriculture Preserves (AP), General Rural (GR) and Village Neighborhood (VN) Districts must meet the following standards. a. The maximum area permitted for a single sign is 10 square feet per surface. Up to three signs that meet this requirement are allowed per parcel. b. No sign may be constructed to have more than two (2) surfaces. c. The top of the display may not exceed ten (10) feet above grade. d. Any sign over two (2) square feet must 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. e. The following types of signs are not permitted in the AP, AG-C, RR-G, and RR-N Zoning Districts: Animated signs Awning signs Canopy signs Flashing signs Portable signs Pylon signs Pennants Business and Village Signs. Signs in the V-C, V-HC, R-C and I-P Zoning District must meet the following standards. a. The total square footage of permanent sign area for each lot may not exceed one (1) square feet of sign area for each lineal foot of building front. The maximum total combined area of a sign is two hundred (200) square feet. b. Each business or organization may display one temporary or portable sign (including sandwich-board signs) in addition to the area of permanent signs permitted. The temporary sign shall not exceed forty (40) square feet in size, and shall be permitted for a period of no more than thirty-four (34) consecutive days. No permit is required for one temporary or portable sign. c. The top of a monument sign may not exceed eight (8) feet above the average grade. Any sign over six (6) square feet must be setback at least ten (10) feet from any property line. In no case may any part of a sign be closer than two (2) feet to a vertical line drawn at the property line.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 tenants in the project. Individual tenants may be identified by individual signs attached to the building. The total square footage of sign area may not exceed the limits set forth in this Section as determined by the Base Zoning District in which the property is located. b. Signs must not project from a building or structure to any point within two (2) feet of a line drawn perpendicularly upward from a curb line. A projecting sign must be a minimum of nine (9) feet above the sidewalk or the ground level. All projecting signs that require a permit must be constructed entirely of fire-resistant material. Off-Premises Signs. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS Adopted XX.XX.2022 (rev. 06/17/2022) 153.400 page-50 a. Up to two multi-tenant off-premises signs (one for each roadway direction) may be permitted near the intersections of Olinda Trail North and TH 97, Oakhill Road North and TH 97, Manning Trail North and TH 97, TH 95 and TH 97, and Oakhill Road North and TH 95, within the V-C and V-HC Zoning Districts. The sign may be a monument sign or freestanding directional sign. b. A Conditional Use Permit is required for any off-premises sign. When the applicant is any person other than the owner of the property, the owner of the property must also sign the application. The application must contain the information contained in Section 153.500 of this UDC, and the following additional information: Name, address and telephone number of the property owner, sign owner, and erector. Proposed location of the sign structure, including property identification number and address. Scaled drawing showing the position of the sign structure in relation to the property lines, nearest buildings, structures, public streets, and rights-of-way. Plans, specifications, materials, and method of construction or attachment to the ground or a structure, including all dimensions, all construction materials, a description of al light sources, wattage, types and color of lights, and details of light shields. Any electrical permit required for the sign. If the sign is proposed within the right-of-way of a state or county highway, the applicant must obtain any required permits and provide a copy of the approved permit to the City. Other information as required by the City. c. Off-premise signs must comply with the requirements and standards stated within Section 153.400.040. d. In addition to the above application, an agreement must be entered into with the city which will authorize and direct the city to remove, at the expense of the owner, the sign and sign structure, where maintenance is required, but has not been furnished. The agreement will stipulate the terms under which removal may be taken and will include a required hearing and 10-day notice that clearly specifies the maintenance required by the City. Institutional Signs. a. Signs for Institutional Uses are subject only to the provisions in this section. The follow standards shall apply: i. One sign not to exceed 32 square feet per surface, limited to two surfaces is permitted. ii. The sign must be setback a minimum of ten feet from any property line. iii. In the case of multiple structure on one parcel, a second institutional sign may be installed provided there is a minimum distance of 25 feet between the two signs. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-1 153.500 ADMINISTRATION AND PROCEDURES Subd. 1. Summary. This Section is hereby established to provide a description of the administration and procedures of the City for all land use related inquiries, applications, implementation and enforcement of this Chapter 153. 153.500.010 INTRODUCTION AND PROCEDURES SUMMARY TABLE Subd. 1. Summary of Procedures Table. The following table is provided to summarize and identify the land use application and associated process for each application as described in this Chapter 153 Unified Development Code (UDC). The requirements and standards for each land use application are provided in the Sections of this Chapter, or other Chapters, as noted in the Section Reference column identified on Table 153.500.010-1. The Decision-Making Body Review identifies the minimum requirements for processing a land use application. The City Council retains the ability to request additional review from any of its recommending bodies. Table 153.500.010-1. Land Use and Subdivision Approval Review Procedures Land Use and Subdivision Approval Review Procedures Procedure Public Hearing 15.991 462.358 (plat)2 If City Council is checked, they are the final decision-making body. Land Use Application Staff Planning Commission City Council Zoning Amendment (Text or Map) X X X X X Comprehensive Plan Amendment (Text or Map) X X X X X Variance3 X X X X X Appeal to a Variance or Land Use Decision X X Conditional Use4 X X X X X Interim Use5 X X X X X Site Plan Review X X X X • Minor Project X X • Major Project X X X X Administrative Permit X 1 Description of Minnesota State Statute 15.99 provided in Section 153.500.040 2 Description of Minnesota State Statute 462.358 is provided in Section 153.500.040 3 All applications for Variance require Site Plan Review submission requirements as stated in 153.500.060 4 All applications for Conditional Use require Site Plan Review submission requirements as stated in 153.500.060 5 All applications for Interim Use require Site Plan Review submission requirements as stated in 153.500.060 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-2 Land Use and Subdivision Approval Review Procedures Procedure Public Hearing 15.991 462.358 (plat)2 If City Council is checked, they are the final decision-making body. Subdivision Applications Staff Planning Commission City Council Lot Consolidation/Lot Line Adjustment X X Minor Subdivision (Plat) X X X X X Major Subdivision – Concept Plan X X Major Subdivision – Preliminary Plat X X X X X X Major Subdivision – Final Plat X X X X Other Applications Staff Planning Commission City Council Environmental Review X X 153.500.020 REVIEW AND DECISION MAKING Subd. 1. City Council and Commissions. At all times the City will have an elected City Council which shall have the authority to make decisions regarding the land use applications as identified on Table 153.500.010-1. Unless otherwise amended by ordinance, the City Council will also appoint a Zoning Administrator(s), a Park and Recreation Committee, and a Planning Commission. All appointed Commissions shall be considered recommending bodies, unless other powers are expressly provided within this Chapter or any other ordinance adopted by the City Council. The City Council, by ordinance, may create another commission or, from time to time may appoint a task force or other review body. In all such appointments, the City Council shall be responsible for establishing the responsibilities and powers of such commission at the time of its establishment. Subd. 2. Board of Zoning Adjustments and Appeals. An applicant or landowner shall have the right to appeal any land use decision of any appointed body or the Zoning Administrator if decision making authority has been granted by this Chapter. Variances. The City Council shall act as the Board of Zoning Adjustments and Appeals for all requested variances from this Chapter. It shall be the right of the Applicant to appeal any variance decision of the Board of Zoning Adjustments and Appeals to the City Council. Appeal of Board of Zoning Adjustments and Appeals Ruling. 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. Appeal of Administrative Decision. Any person or persons, any private or public board, or taxpayer of the City aggrieved by a decision of the Zoning Administrator shall have the right to appeal the decision to the Board of Adjustments and Appeals. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-3 153.500.030 ZONING ADMINISTRATOR DUTIES Subd. 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 City Code. Subd. 2. Duties of Zoning Administrator. The Zoning Administrator shall be responsible to: Receive, review, file and forward all applications for amendments, variances, conditional uses, subdivisions, appeals or other matters to the designated official bodies. Recommend and collect fees, as established by City ordinance, for all applications, permits or other matters covered under the provisions of this Chapter. Maintain permanent and current records as required by this Chapter, including but not limited to all maps, amendments, and conditional uses, variances, appeals, and applications. Issue administrative permits as provided in this Chapter. Maintain current files of all subdivision approvals and copies of notices of violations thereto and, upon request, provide complaint and violation information to any person having a proprietary or tenancy interest in any specific property. Provide technical assistance to the Planning Commission and City Council. Review all building permits issued for structures in the City to ensure compliance with the regulations contained in this Chapter. Conduct inspections of structures and use of land to determine compliance with the terms of this Chapter. Notify in writing persons responsible for violations of this Chapter, indicating the nature of the violation and the action necessary to correct it. Issue stop work orders for violations of this Chapter. 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 Chapter. Periodically inspect property to determine compliance with the terms of this Chapter. Order discontinuance of illegal work being done or take any other action authorized by the Chapter to ensure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints. 153.500.040 OTHER AGENCY COORDINATION AND REVIEW TIMELINES Subd. 1. Minnesota State Statutory Review Procedures for Land Use Applications and Subdivision. As identified in Table 153.500.010-1 of this Chapter, certain land use applications are subject to the rules of procedure and deadlines for action as established within Minnesota State Statutes. The City Council shall follow the rules and requirements as established by Minnesota State Statute which may be updated from time to time. The following summary of current statutory requirements is provided. Minnesota State Statute 15.99. Pursuant to Minnesota Statutes 15.99, a land use application shall be approved or denied within 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 60-day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60-day period. Extensions may also be requested by the applicant. Minnesota State Statute 462.358. An application for preliminary plat shall be approved or denied within 120 days from the date of a complete submission unless a time waiver is granted by the applicant. A preliminary City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-4 plat may be approved with conditions or denied with written findings. An application for final plat, shall be approved or denied within 60 days from the date of the complete submission unless a time waiver is granted by the applicant. The application shall be in substantial compliance with the approved preliminary plat, including any modifications required as a condition of preliminary plat approval. Pursuant to Minnesota Statutes, Chapter 462.358, an application for a final plat shall be approved or denied within 60 days of the date from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the subdivider. Subd. 2. Other Agency Coordination. Any application for land use permit or subdivision may be subject to the rules, regulations and standards of another agency which has jurisdiction within the City of Scandia. It is the responsibility of the applicant to obtain all necessary permits for the proposed use or subdivision and the City will assist with any coordination. Such agencies may include, but are not limited to: Washington County and its departments including, but not limited to, septic licensing and food service licensing. Watershed Districts. Carnelian-Marine St. Croix Watershed District. Comfort Lake Forest Lake Watershed District. Rice Creek Watershed District. Minnesota Department of Health. Minnesota Department of Natural Resources (MnDNR). Minnesota Department of Transportation (MnDOT). 153.500.050 COMMON PROCEDURES FOR LAND USE APPLICATIONS. Subd. 1. Pre-Application Land Use Application Review. Prior to an official and complete submission of the request for a Zoning Amendment, Comprehensive Plan Amendment, Conditional Use, Interim Use, Major Site Plan or Variance Application (“Land Use Application”), applicants may present a conceptual plan to the Zoning Administrator for review. The Concept Plan shall include a narrative describing the proposed amendment or use, such as activities proposed for the site, size of the use, reason for any variance, hours of operation, or any other information that would assist in the review of the request. The submission shall include a concept plan of the site and location of proposed uses and structures, which may include parking areas and access locations; proposed sewage treatment facilities, water service, and storm drainage; and other site elements. The concept plan may describe the proposed general schedule of development; and may include other information useful to understanding the proposed use and site plan. The Zoning Administrator shall review the concept plan and provide informal comments to the applicant. The Zoning Administrator shall have the prerogative and authority to refer the concept plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the concept plan by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. Subd. 2. General Requirements for Complete Land Use Application. The process and procedures for all Land Use Applications are similar and must comply with Minnesota Statutory requirements. The following general requirements for submission are established. Requests for Land Use Application shall be filed with the Zoning Administrator on the applicable official application form. The applicant’s signature shall be provided on the application form, and if the applicant is not the fee owner of the property, the fee owner’s signature shall also be provided on the application form. The applicable fee and escrow as set forth by City Ordinance shall be submitted with the Land Use Application. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-5 The required written and graphic materials shall be submitted as described in Section [153.500.050 and 153.500.060] of this Section. The number, size and application materials format shall be prescribed by the Zoning Administrator prior to submission. A list of property owners and addresses located within the prescribed distance of the subject property of the Land Use Application shall be submitted as follows: Zoning or Comprehensive Plan Text Amendment: None Required Zoning or Comprehensive Plan Map Amendment: 1,320 feet Conditional Use Permit and Interim Use Permit: 1,320 feet Variance: 500 feet Site Plan – Major Project: 200 feet The Land Use Application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements contained in this Section. Subd. 3. Review Procedures of Complete Land Use Application. The following procedures for review of a complete Land Use Application shall be followed by the City. The City staff will perform a review of all submitted materials to determine completeness of the Land Use Application. Once an application has been deemed complete, the staff will prepare a review and analysis of the application for consistency with the City’s ordinances. When required, the Zoning Administrator shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the public hearing, report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a description of the request. Notice shall be published in the official newspaper at least 10 days prior to the hearing and written notification of said hearing shall be mailed at least 10 days prior to all owners of land within the prescribed distance as described in [Subd. 2 (D)] of the subject property boundary of the application. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Section 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. 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. The applicant or a representative thereof may appear before the Planning Commission to present information and answer questions concerning the proposed request. 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. The City Council shall not act upon a Land Use Application until it has received a report and recommendation from the Planning Commission and the City staff, or until 30 days after the first regular Planning Commission meeting at which the request was considered. Approval of a Land Use Application shall require passage of a resolution by a majority vote of a quorum of the City Council. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-6 Whenever an application for a Land Use Application has been considered and denied by the City Council, a similar application affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least 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. Prior to approving any Land Use Application, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, City utility fees or other unpaid arrears due upon the parcel of land to which the Land Use Application relates. 153.500.060 SUPPLEMENTAL REVIEW PROCEDURES FOR LAND USE APPLICATIONS. Subd. 1. General Requirements. The general requirements as established in Subd. 2 are further supplemented by the following procedures that are organized by Land Use Application. Zoning Amendment or Comprehensive Plan Amendment – Supplemental Procedures. The City Council and Planning Commission shall consider possible effects of the proposed Zoning or Comprehensive Plan Amendment Application. Its judgment shall be based upon (but not limited to) the following factors: a. The specific policies and provisions of the City’s adopted Comprehensive Plan, including public facilities and capital improvement plans. 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 Base Zoning District. For any application which changes all or part of the existing classification of a Base Zoning District from residential to either commercial or industrial, approval shall require passage by a 2/3 vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full City Council. An application for Comprehensive Plan Amendment shall be subject to the review and approval of the Metropolitan Council. The Zoning or Comprehensive Plan Amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment. Amendments to Zoning. The City Council or Planning Commission may initiate a request to amend the text of this Chapter or the Base Zoning District boundaries of the Official Zoning Map. The procedural requirements of [Section 153.500.050 and 153.500.060] of this Section 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 Official Zoning Map as it affects that real estate. Amendments to the Comprehensive Plan. Amendments to the text or any map contained in the adopted Scandia Comprehensive Plan may be initiated and considered according to the procedures established in Section [153.500.050 and 153.500.060] of this Section and any applicable provisions of state law. All amendments to the Comprehensive Plan are subject to the review and approval procedures established by the Metropolitan Council. Any amendment to the Comprehensive Plan shall require passage by a 2/3 vote of the full City Council. Variance – Supplemental Procedures. Use and Density Variances Prohibited. No variance may be granted: a. To allow any use that is not allowed as a permitted, conditional, or interim use in the Zoning District in which the subject property is located. b. To allow for an increase in the residential density in the land use designation as guided in the City’s adopted Comprehensive Plan. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-7 Review Criteria. The Board of Zoning Adjustments and Appeals, hereafter referred to as the Board, shall only approve a variance when 1) the terms of a variance are consistent with the Comprehensive Plan, 2) when it is in harmony with the general purpose and intent of this Chapter, and 3) when the strict enforcement of this Chapter would result in practical difficulties with carrying out the strict letter of the Code. “Practical difficulties” as used in connection with the variance means: a. The applicant proposes to use the property in a reasonable manner not permitted by this Chapter. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. c. The variance, if granted, will not alter the essential character of the locality. d. Economic conditions alone shall not constitute practical difficulties. e. May include, but is not limited to, inadequate access to direct sunlight for solar energy systems. f. 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. g. The requested variance is the minimum action required to eliminate the practical difficulty. 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. 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. Conditions. In granting any variance under the provisions of this Section, the Board shall designate Conditions which will, in its opinion, secure the objectives of the regulations or provisions to which the variance is granted (as to light, air, and the public health, safety, comfort, convenience and general welfare). Conditions shall be consistent with [Section II] and shall be directly related to and in proportion to the impact created by the variance. Guarantee. Where variances are granted under the provisions of this Section, the Board shall require such evidence and guarantee as it may deem necessary to ensure compliance with the conditions designated. Following the approval of a variance and prior to the issuing of any building permits or the commencement 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 (4)(iv)] below. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail. Expiration. The applicant must commence the authorized use or improvement within one (1) year of the date on which the variance is issued. After one year the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. Exceptions to this one-year time limit are as follows: a. The Variance was approved prior to the effective date of this Chapter. b. The Board specifically approves a different timeframe when action is officially taken on the request. c. The Applicant shall apply for an extension by completing and submitting a request for extension including the renewal fee as set forth in City Ordinance. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-8 Extension. 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 year shall be subject to the review and approval of the Zoning Administrator. A second extension of time or any extension of time longer than one year requested by the applicant shall be presented to the Planning Commission for a recommendation and to the Board for a decision. Procedures for Appeal to Variance Decision. a. Applicability. 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. b. Filing. 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 30 days after the making of the order being appealed. c. Stay of Proceedings. 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. d. Procedure. The procedure for making such an appeal shall be as follows: e. 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. f. 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. g. The Board of Adjustment and Appeals shall make its decision by resolution within 60 days from the date on which a completed application is filed. h. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail. Conditional or Interim Use Supplemental Procedures. General Criteria of Conditional and Interim Use Permit. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the following general criteria: a. The proposed use shall be in compliance with the Comprehensive Plan, and shall not negatively impact public facilities and capital improvement plans. b. The establishment, maintenance or operation of the proposed use will promote and enhance the general public welfare and will not be detrimental to or endanger public health, safety, or comfort. c. The proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted, nor substantially diminish and impair property values or scenic views. d. The establishment of the proposed use 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 which is proposed. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-9 f. The proposed use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. g. The proposed use complies with the general and specific performance standards as specified by this Chapter. General Standards specific to Interim Uses. a. The use is allowed as an interim use in the respective Base Zoning District or any applicable Overlay District. b. The date or event that will terminate the use can be identified with certainty. c. The use will not impose additional unreasonable costs on the public. d. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional or interim use permit for a cause upon determination that the authorized use is not in conformance with the conditions of the permit or is in continued violation of this Chapter, City Ordinances, or 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 cause why the permit should not be revoked. A public hearing shall be held pursuant to Section [153.500.030 Subd. 3]. The Zoning Administrator shall provide the responsible person to whom the permit 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 permit should be revoked. Amendment. Holders of a conditional or interim use permit may propose amendments to the permit at any time, following the procedures for a new permit as set forth in Section [153.500.050 and 153.500.060]. 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 Chapter, and the City council may approve significant changes and modifications to conditional or interim use permits, including the application of additional or revised conditions. Expiration of Conditional Use. 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 year of the date of the conditional use permit is issued; or unless before the expiration of the one 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 permit. A request for an extension not exceeding one 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 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. Termination of Interim Use. An interim use shall terminate with the occurrence of any of the following events, whichever occurs first: a. The date stated in the permit. b. Upon violation of conditions under which the permit was issued; City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-10 c. Upon change in the City’s zoning regulations which renders the use nonconforming; d. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective Base Zoning District or applicable Overlay District. 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 D.III.d below]. Site Plan Review – Supplemental Procedures. Site Plan Modifications after Approval. 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. a. Qualifications. Proposed minor structural additions involving 10% or less of the total existing floor area and proposed minor site modifications involving 10% 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: This Section shall apply in the cases of new projects which have received City Council Site Plan approval, but for which building permits have yet to be issued. This Section shall also apply to existing projects on file that have a City Council approved Site Plan. Compliance with all Ordinance requirements shall be construed to include all adopted policies and codes. Any variances from Ordinance and policy requirements shall be subject to the established review and hearing procedures for site plan and variance approval. Plans submitted for minor structural additions or minor site alterations under the terms of this Section shall be the same as those required for Site Plan approval. 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 Site Plans. b. Lapse of Approval. Unless otherwise specified by the Zoning Administrator or City Council as may be applicable, the Site Plan approval shall become null and void 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. An application to extend the approval of a Site Plan for up to an additional one year shall be submitted to the Zoning Administrator not less than 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 year or a second request for a time City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-11 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 extension as outlined above. 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. c. Site Improvement Performance Agreement. Following the approval of the Site Plan required by this Section 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: 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. 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. d. Financial Guarantee. A financial guarantee shall be submitted with the executed site performance agreement as provided herein: Financial guarantees acceptable to the City include a cash escrow; or an Irrevocable Letter of Credit. Such guarantee shall be approved by the Zoning Administrator, and the guarantee shall be from a creditable banking institution chartered to operate in the State of Minnesota. 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. 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 125% of the approved estimated cost. When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, notwithstanding 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 60 days in advance of the expiration date of the intention to renew the City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-12 instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 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 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 125% of the estimated cost to complete the improvements. 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. The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture 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. 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. e. 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. Administrative Permits – Supplemental Procedures. The procedures as set forth in Section [153.500.050 and 153.500.060] of this Section shall be waived if the application and related materials are in compliance with the applicable evaluation criteria, codes, ordinances and applicable performance standards set forth in this Section. If, it is determined that the proposed use is not in compliance, the Zoning Administrator shall refer the Application to the appropriate procedures as defined by this Section. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-13 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 Base Zoning District or applicable Overlay 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 this Chapter. g. A written Administrative 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. h. 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 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. i. Unresolved disputes as to Administrative Permit application of the requirements of this paragraph shall be subject to appeal as defined by Section [153.500.020 Subd. 2] of this Section. Administration and Enforcement. a. The Zoning Administrator shall keep a record of applications and Administrative Permits. A copy of all Administrative Permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator. Enforcement of the provisions of this paragraph shall be in accordance with Section [153.500.120]. Violation of an issued Administrative Permit or of the provisions of this Section may be grounds for denial of future permit applications. b. Expiration. 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. Uses requiring an Administrative Permit. 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 this Section. Administrative Permits for Land Alteration and Grading – Supplemental Procedures. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-14 Applicability. A grading, erosion and sediment control plan shall be submitted and an Administrative Permit obtained for the following activities: a. Land alteration and grading of 10 cubic yards or more of material added to or removed from the site or excavated within the site; and/or the disturbance of land area of 600 square feet or more. b. All major or minor subdivisions. c. Any excavating, grading or filling or change in the earth’s topography in any designated wetland or public water, wetland setback area, bluff setback or bluff impact area, floodplain, shoreland district or the St. Croix River District. d. Any land alteration or development activity, regardless of size, that the City determines is likely to cause an adverse impact to an environmentally sensitive area, to another public property or to a City right-of-way. Exemptions. A permit is not required for the following: a. Installation and maintenance of home gardens or minor landscaping where the total volume of earth disturbed does not exceed 10 cubic yards of graded or fill material added to or removed from the site or excavated within the site. b. Routine agricultural activities such as tilling, planting, harvesting, and associated activities. c. Cemetery graves. d. Driveways permitted in conjunction with a building permit provided there is less than 10 cubic yards of land alteration or grading of material added to or removed from the site or excavated within the site and/or the disturbance of land area of 600 square feet or less. e. Regular maintenance of existing driveways. f. Emergency work necessary to protect life, limb or property. g. Mining and Related Activities that regulated by Chapter 154 of the City’s Code of Ordinances. Other Permits. The applicant may be required to obtain additional permits from other regulatory agencies having jurisdiction over the land alteration activities. It shall be the responsibility of the applicant to obtain all required permits. 153.500.070 SUBMISSION REQUIREMENTS FOR LAND USE APPLICATIONS. Subd. 1. Submission Requirements for Land Use Applications. All Land Use Applications shall include the following submission materials. The Zoning Administrator shall provide assistance to the applicant to determine the applicable application type based on the proposed request. All Land Use Applications shall be submitted both electronically and hard copy and the number of hard copies shall be determined by the Zoning Administrator. Requirements for Pre-Application Concept Plan Review. Any applicant for a Land Use Application may request a Concept Plan review prior to submission of a formal application. The Concept Plan may be conceptual and may include the following related materials: A brief narrative of the following: a. Description of the proposed use and/or request. b. Statement of proposed density of the project, with the method of calculating the density. c. Description of proposed sewage disposal facilities, water service, and storm drainage. d. Proposed schedule of development. e. Information on the proposed developer. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-15 f. Acknowledgement from the Owner, if the Owner is different than the applicant indicating support of the applicant’s request. A drawing to scale of the proposed site, such drawing may include an aerial with parcel boundaries. General location of proposed structures. Tentative street arrangements, both public and private. Amenities to be provided such as recreational areas, open space, walkways, etc. General location of parking areas. Topographic contours at 10 foot or 2-foot intervals. Wetland delineation or general location of wetlands from the National Wetlands Inventory. Other information or materials useful in reviewing the Concept Plan. Submission Requirements for all Land Use Applications. All Land Use Applications shall include the following submission requirements: All materials as identified in Section [153.500.050 and 153.500.060] Narrative. A narrative of the proposed project and use shall accompany all Site Plan applications. The narrative shall include: a. Description of the proposed Project request and operations. At a minimum, the narrative must describe: Conditional Use Permit or Interim Use Permit Application. All requests for conditional or interim use shall include a description of the number of employees, anticipated site activity including number of visitors, hours of operations, and any other information that descripted onsite operations and activities. Variance Application. All requests for variance from this Chapter shall include a description of the Practical Difficulties of the Project present. Proposed schedule of development of the Project or phasing, if applicable. Identification of any other agencies contacted that may have jurisdiction over the proposed Project. Site Plan as described in Subd. 2. An electronic version of the submission materials, and any hardcopies as requested by the Zoning Administrator. Subd. 2 Submission Requirements for Site Plan Review. All Land Use Applications require the submission of a Site Plan as described herein. When no primary Land Use Application is required, the Project shall be classified as either a Minor Project of Major Project as described below. Applicability. The Site Plan review process shall be applicable to both Minor and Major Projects as described herein. If the Site Plan application includes a Primary Land Use Application for conditional use, interim use or variance then the request will be classified as a Major Project, and the submission requirements shall include those stated within this Section and the applicable Primary Land Use Application. The purpose of the Site Plan review process is to verify that the proposed application and project is consistent with the standards of this Chapter and any other applicable ordinances. Classification of Project as Minor Project or Major Project. Projects shall be classified as a Minor Project or a Major Project based on the criteria set forth herein, with the exceptions as noted. Any project, Minor or City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-16 Major, may submit a Pre-Application concept plan for review and comment by the Zoning Administrator, Planning Commission or City Council. Exceptions to Review. The following shall be exempt from Site Plan Review: a. Agricultural uses in the AG-C, AP and GR Base Zoning Districts. b. Single family detached dwellings and related accessory uses. c. Two family attached dwellings and related accessory uses. Minor Projects. Projects shall be classified as Minor, provided that: a. The site and the use are in compliance with the Comprehensive Plan; b. The use is explicitly classified as a permitted or accessory use on Table [153.300.020-2] Table of Uses.; c. The application is complete and in compliance with the standards of the applicable codes, ordinances, and policies and does not require any variance from those standards; d. The site is a legal parcel of record at the time of application. Major Projects. Projects shall be classified as Major, provided that: a. The project is not classified as an exception or as a Minor Project; and b. The project is explicitly classified as a conditional or interim use on Table [153.300.020-2] Table of Uses; or c. The project results in the exterior alteration of a structure to which Section [153.400.040] Character Area Standards are applicable, or the Scandia Architectural Design Guidelines (dated September 2009 and as may be amended) are applicable. Submission requirements. The submission requirements for both Minor and Major Projects are generally the same, and consist of the materials as identified herein. Plan Set Requirements. A Plan Set shall accompany all Site Plan application submissions which shall include, but not be limited to, the following drawings: the Site Plan, Grading/Storm Water Drainage Plans, and Landscape Plan. All submitted Plan Sets shall include the following information on the Title Sheet, with individual plans of the Plan Set appropriately labeled with title, scale, date and signature of licensed preparer: 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 1 inch equals 50 feet or less). g. North point indication Site Plan. The Site Plan shall include, but may not be limited to, the following: a. Lot dimension and area. b. Required and proposed setbacks. c. Location, setback and dimension of all buildings on the lot including both existing and proposed structures. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-17 d. Contours, streets, utilities, and structures located within 100 feet of the exterior boundaries of the property in question. e. Proposed parking lot layout and configuration clearly identifying the number of standard and ADA compliant stalls and the dimensions of existing and proposed parking spaces. f. Location, number, and dimensions of existing and proposed loading spaces g. Curb cuts, driveways. h. Vehicular circulation. i. Sidewalks, walkways. j. Lighting Plan. The plan shall depict all exterior lighting for the project and must include: Location of all exterior lighting by type. 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. Mounting height of all luminaires. Hours of illumination. 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. k. Signature of registered engineer or certified lighting professional who prepared the plan. l. Location of recreational and service areas. m. Location of rooftop equipment and proposed screening. n. Provisions for storage and disposal of waste, garbage, and recyclables. o. Location, sizing, and type of water service and sewage disposal facilities and proposed service connections. Grading/Storm Water Drainage Plan. The Grading/Storm Water Drainage Plan shall include, but may not be limited to: a. Existing contours at 2 foot intervals. b. Proposed grade elevations, 2 foot maximum intervals. c. Drainage plan including configuration of drainage areas and calculations. d. Storm sewer, catch basins, invert elevations, type of castings, and type of materials. e. Spot elevations. f. Proposed driveway grades. g. Surface water ponding and treatment areas. h. Erosion control measures. i. Impervious surface areas j. An explanation of significant changes to site vegetation and tree clearing. k. Landscape Plan. The Landscape Plan shall contain, but may not be limited to, the following: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-18 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. Planting Schedule (table) containing the following Symbols: 1. Quantities. 2. Common names. 3. Botanical names. 4. Sizes of plant material. 5. Root specification (bare root, balled and burlapped, potted, etc.) 6. Special planting instructions. Tree preservation plan and reforestation plan, if applicable, consistent with Section [153.400.070] of this Chapter. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like. Typical sections of landscape islands and planter beds with identification of materials used. Details of planting beds and foundation plantings. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. Delineation of both sodded and seeded areas with respective areas in square feet. Coverage plan for underground irrigation system, if any. 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. Other existing or proposed conditions which could be expected to affect landscaping. Other Plans and Information. The following materials shall accompany the submission if required by the Zoning Administrator: 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 Chapter, or of Chapters 154, 155 and 156. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-19 f. Type, location and size (area and height) of all signs to be erected upon the property in question. Subd. 3. Submission Requirements for Administrative Permit. The information required for all Administrative Permit applications shall include: A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise 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. 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. An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the application. A copy of the current sales tax certificate issued by the State of Minnesota, if applicable. Information identified in [Subd. 1] of this Section, as may be applicable. Subd. 4. Administrative Permit for Land Alteration and Grading. 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, Erosion and Sediment Control. The application shall include the following: An application shall be made on the required form of the City. The first sheet of the plans shall give the location of the work and the name and address of the owner and person who prepared the plans. Finished Grade Plan. The grading plan shall clearly indicate the location of the proposed land disturbing activities. Existing and proposed topography shall be shown at contour intervals not to exceed 2-feet. Drainage patterns shall be clearly shown using arrows depicting the direction of flow. Erosion and Sediment Control Plan. The erosion and sediment control plan shall be prepared by a qualified professional. The plan shall include at a minimum the lot boundaries, name, address and telephone 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. 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.” 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. A permit 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 inspection and administration of the permit triggered by a notice of violation are not included in this fee. 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, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-20 Grading, 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. 153.500.080 PROCEDURES FOR SUBDIVISION Subd. 1. Premature Subdivision. Premature Subdivision is prohibited. Any proposed subdivision deemed premature for development shall not be approved by the City Council. Premature Subdivision Defined. A subdivision shall be deemed premature if the Council determines that any of the following conditions exist. The burden of proof shall be upon the subdivider to show that the proposed subdivision is not premature. Inconsistent with the Comprehensive Plan. A proposed subdivision may be deemed premature if it is inconsistent with the goals, policies, or implementation strategies of the City’s Comprehensive Plan, as may be amended. Application to amend the Comprehensive Plan and/or zoning map may be made simultaneously with an application for subdivision approval, however, a subdivision application will not be considered for approval by the City Council until and unless any necessary Comprehensive Plan amendment and/or rezoning application is approved by the Council. Inconsistent with the Capital Improvements Program. A proposed subdivision may be deemed premature if it is inconsistent with the capital improvements program because public improvements, facilities, or services necessary to accommodate the proposed subdivision would not be completed within two years of the date of application. Lack of Adequate Sewage Treatment Systems. A proposed subdivision may be deemed premature if sanitary sewer is neither available nor proposed; or if sewage treatment cannot be achieved onsite. Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision may be deemed premature if: a. Streets which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance or surface condition that the traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or would seriously aggravate an existing hazardous condition; or b. The traffic volume generated by the proposed subdivision would create congestion or unsafe conditions on existing or proposed streets. Lack of Adequate Drainage. A proposed subdivision may be deemed premature if: surface or subsurface water retention and runoff is such that it constitutes a hazard to the stability of proposed or existing structures; or the proposed subdivision would cause pollution of water sources or would cause damage from erosion or siltation on downstream property; or factors including, but not limited to, the presence of floodplain, poor soils or subsoils, or steep slopes exist in such a manner as to preclude adequate site drainage or treatment of runoff. Inconsistent with Environmental Requirements. A proposed subdivision may be deemed premature if it is inconsistent with the rules and policies of the Minnesota Environmental Quality Board, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy, in violation of State historical preservation laws, historic areas which are designated or officially recognized by the City Council. Subd. 2. Lot Consolidation/Lot Line Adjustments. The lot consolidation/lot line adjustment process provides a simple administrative procedure for the consolidation of 2 or more lots into 1 parcel, or to adjust a common lot line affecting existing parcels. In areas that are defined, and land descriptions are simple, the City may permit the conveyance of land using metes and bounds descriptions or without the preparation and of a plat. In areas which City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-21 are not well defined, or where lots are irregular in shape and/or are included in more than one plat, the City may require that lot consolidation/lot line adjustment occur through the major or minor subdivision platting requirements of this Section. Criteria for Lot Consolidation/Lot Line Adjustment. This procedure is limited to situations meeting all of the following criteria: Parcels resulting from these procedures must be consistent with all requirements of this Chapter and other applicable regulations. Such configuration may not result in a new buildable parcel. Lot line adjustments shall be made for the purpose of adding a parcel of land to an abutting lot or to otherwise exchange property between adjacent lots. Newly acquired land must be combined on the same deed for recording purposes as the remainder of the owner’s property. Any easements that become unnecessary as a result of the combination of parcels must be vacated. A request to vacate easements shall be made concurrently with the application for lot consolidation/lot line adjustment. Review of the easement vacation request, including any public hearings and City Council action, shall be completed before action may be taken on the application for lot consolidation/lot line adjustment. New easements shall be established as appropriate. Procedures. Requests for lot consolidation or lot line adjustment 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. Applications shall be accompanied by 1) a fee as set forth by the City’s adopted fee schedule; 2) narrative describing the proposed request; and 3) a survey prepared by a licensed surveyor with legal descriptions. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. The Zoning Administrator shall review the application and required information to determine conformance with the Comprehensive Plan and this Chapter, and may request reports from other staff or consultants as necessary to review the application. The Zoning Administrator may give final approval if all requirements are met, with any conditions as deemed necessary to ensure compliance with this Chapter. Unless a request for additional review time is requested by the Zoning Administrator, action on the application shall be taken within 60 days after a complete application is submitted. If an application for lot consolidation or lot line adjustment is denied by the Zoning Administrator, the applicant may appeal to the City Council as the Board of Adjustment and Appeals as provided in Section [153.500.020 Subd. 2] of this Chapter. Expiration and Recording of Documents. Upon approval, the applicant shall record the appropriate documents in the office of the Washington County Recorder within 120 days of the date of approval. If not recorded within the 120-day period, the approval shall be considered void. The Applicant shall, immediately upon receipt of recorded document(s) from the County Recorder, furnish the City Clerk with a copy of the document(s) showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot affected by the lot consolidation or lot line adjustment until the city has received evidence of the document(s) being recorded and that all conditions of approval have been met. Certification of Taxes Paid. Prior to approval of an application for a lot consolidation/lot line adjustmenet, the applicant shall provide certification to the City that there are no delinquent property taxes, special City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-22 assessments, interest, or City utility fees due upon the parcel of land to which the consolidation/lot line adjustment application relates. Subd. 3. Minor Subdivision. The purpose of the minor subdivision process is to allow the City to waive certain procedures and requirements of a major subdivision. The purpose is to reduce the time and cost to the property owner for dividing land in locations and situations that are well defined and where no new public infrastructure is required. The minor subdivision process allows concurrent review and approval of a Preliminary and Final Plat. Criteria for Minor Subdivision. Minor subdivisions are limited to situations meeting all of the following criteria: The parcel of land has not been part of a minor subdivision within the last five years. The minor subdivision shall result in three or fewer parcels. All contiguous parcels in common ownership shall be included in the Minor Subdivision application. The subdivision shall not be premature based on the criteria in Section [153.500.080] of this Chapter. All parcels resulting from the minor subdivision shall not conflict with any provision of the Comprehensive Plan. The applicant shall enter into a development agreement specifying the number of density units allocated among the parcels, if required by the City Council. All parcels resulting from the minor subdivision shall meet all applicable requirements of this Chapter including but not limited to density, lot size, lot width, minimum frontage on a public road unless a variance from a dimensional standard has been approved according to procedures set forth in Section [153.500.050 and 153.500.060]. Streets, utility easements, drainage easements or public park land or cash in lieu of land shall be dedicated or paid as required by the City. All wetland areas and DNR protected waters shall be protected with a conservation easement up to the 100-year flood elevation or the wetland boundary, whichever is more restrictive, and any other requirements of the DNR. The minor subdivision shall comply with all applicable requirements of the road authority, including access spacing and location criteria for sight distances if located adjacent to a state or county highway, and/or of the watershed district(s) in which it is located. Procedures. The procedures of the Minor Subdivision process shall be the same as those stated in [Subd. D] Major Subdivision for Preliminary Plat and Final Plat. The Zoning Administrator shall consider and determine the procedures and submission requirements that may be omitted as part of the Minor Subdivision process and shall base the requirements on the complexity of the request. The following specific standards for Minor Subdivisions are provided and supersede the requirements stated in [Subd. D of this Section]. Before any contract is made for the sale of any part thereof, and before any permit for the erection of any structure on such proposed subdivision shall be granted, the owner or developer shall file an application and secure approval of a minor subdivision. The minor subdivision process shall not be required to complete the Concept Review as described in [153.500.080] of this Section. Notice of the public Hearing shall be mailed at least 10 days prior to the hearing to all owners of land within 500 feet of the boundary of the property. Prior to the certification by the City of the approval of the minor subdivision the applicant shall submit the final plat for signature, supply the deed(s) granting the City any easements required by the City and pay any required fees. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-23 Whenever an application for a minor subdivision has been considered and denied by the City Council, a similar application for a minor subdivision 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. Recording of Documents. a. The applicant shall, immediately upon receipt of recorded document(s) from the County Recorder, furnish the City Clerk with a copy of the document(s) showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in the minor subdivision until the City has received evidence of the document(s) being recorded and that all conditions of approval have been met. Financial Guarantee. Following the approval of a minor subdivision as required by this Section and prior to the issuing of any building permit or the commencing of any site work, the applicant may be required to guarantee to the City the completion of any improvements as shown on the approved plans and as required as a condition of minor subdivision approval. Certification of Taxes Paid. Prior to approval of an application for a minor subdivision, 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 subdivision application relates. Subd. 4. Major Subdivision. The Major Subdivision process shall include three distinct phases to complete the process: Concept Review, Preliminary Plat and Final Plat. The following procedures of each phase is provided. Concept Review. To ensure that all applicants are informed of the procedural requirements and minimum standards of this Chapter, and the requirements or limitations imposed by other City regulations prior to the development of a preliminary plat, the subdivider shall present a Concept Plan to the Zoning Administrator and optionally to the Planning Commission. Any opinions or comments provided on the concept plan shall be considered advisory only and cannot be construed as approval or denial of the proposed plat. The Zoning Administrator may refer the application to the appropriate staff and consultants for review and preparation of informal comments on the concept plan. The Zoning Administrator may refer the Concept Plan to the Park and Recreation Committee to secure its recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds, trails, open space or other public property. The Planning Commission shall review the Concept Plan with the subdivider and provide comments on the Concept Plan. The Planning Commission shall have the prerogative and authority to refer the Concept Plan to the City Council for discussion, review, and informal comment. The Planning Commission and/or City Council will take no formal or informal action at this stage of review and discussion that occurs at this stage cannot be construed as approval or denial of the proposed plat. Preliminary Plat. After receiving comments during concept review, the applicant may file a Preliminary Plat. The Preliminary Plat contains a full plan set to clearly depict the proposed site development and subdivision. The following Preliminary Plat procedure are required: Requests for Preliminary Plat approval shall be filed with the Zoning Administrator on an official application form. The applicant’s signature must be provided on the application form. If the applicant is not the fee owner of the property, the fee owner’s signature must also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. The Application shall be accompanied by a fee as set forth by the City’s adopted fee schedule. Detailed written and graphic materials as provided by in [153.500.090]. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-24 A list of property owners located within 1,320 feet of the subject property in a format prescribed by the Zoning Administrator. The Zoning Administrator shall forward a copy of the application for a preliminary plat abutting any existing or proposed trunk highway, county road or highway or county state-aid highway to the Minnesota Department of Transportation and/or Washington County Highway Department for review and comment. Final action on preliminary plat shall not be taken until comments and recommendations have been received or until the minimum 30-day review period has elapsed. The Zoning Administrator shall forward a copy of the application for a preliminary plat within a Shoreland Overlay District and/or Floodplain Management District to the Minnesota Department of Natural Resources (MnDNR) and to the applicable Watershed District(s). 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. Public Hearing Notice. 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 10 days prior to the hearing and written notification of said hearing shall be mailed at least 10 days prior to the hearing to all owners of land within 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. Staff Analysis. 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. Planning Commission Consideration. The Planning Commission shall consider a preliminary plat application, as follows: a. The Planning Commission shall review the preliminary plat and conduct the official public hearing. b. The subdivider or representatives thereof may appear before the Planning Commission to present information and answer questions concerning the proposal. c. The Planning Commission and staff shall have the authority to request additional information from the subdivider concerning the proposal, as deemed necessary to formulate a recommendation on the proposal. d. The Planning Commission shall recommend approval of the preliminary plat if it conforms with the City’s Comprehensive Plan and this Chapter. The Commission shall recommend denial of the preliminary plat if it makes any of the following findings: That the proposed subdivision is in conflict with the City’s Comprehensive Plan, this Chapter, Capital Improvements Program, or other policy or regulation. That the physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention, are such that the site is not suitable for the type or intensity of development or use contemplated. That the design of the subdivision or the proposed improvements are likely to cause substantial and irreversible environmental damage. That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-25 That the design of the subdivision or the type of improvement will conflict with easements on record or with easements established by judgment of a court. That the subdivision is premature as determined by the standards of this Chapter. City Council Consideration. The City Council shall consider a preliminary plat application, as follows: a. Upon receiving the reports and recommendations of the Planning Commission and staff, the City Council shall consider the application. The Council shall have the option of receiving additional testimony on the matter if it chooses. b. The Council shall either approve or deny the application. c. Approval of a preliminary plat shall require passage by a majority vote of the entire City Council. Such approval shall constitute general acceptance of the layout, but shall not constitute final acceptance of the subdivision. Subsequent approval of a final plat will be required before recording of the plat. The Council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the City. d. If a preliminary plat is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant. e. Effect of Approval. For one year following preliminary plat approval, unless the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. f. Effect of Denial. If a preliminary plat application is denied by the City Council, a similar application for a preliminary plat affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial. g. Expiration of Preliminary Plat Approval. Unless the City Council specifically approves a different time period, the approval of a preliminary plat shall expire one year from the date it was approved, unless the applicant has filed a complete application for approval of a final plat; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a final plat has not been applied for, 2) what, if any, good faith efforts have been made to complete the platting process, and 3) the anticipated completion date. The Zoning Administrator may approve up to two such extensions of not more than one additional year per extension. Final Plat. Application for final plat approval may be made following approval of a preliminary plat. The application shall be in substantial compliance with the approved preliminary plat, including any modifications required as a condition of preliminary plat approval. Filing. Requests for final plat approval 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 by the City’s adopted fee schedule and 2) detailed written and graphic materials as provided by this Section. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoning Administrator shall refer copies of the final plat to the City staff and other applicable public agencies as needed in order to receive written comments. The Zoning Administrator shall instruct the appropriate staff person to coordinate an analysis of the application, prepare technical reports and coordinate preparation of the development agreement, and assist in preparing a recommendation to the City Council. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-26 City Council Consideration. The City Council shall consider a final plat as follows: a. Approval of a final plat and any related development agreement shall require passage by a majority vote of the entire City Council. The Council may require such revisions in the final plat as it deems necessary for the health, safety, general welfare and convenience of the City. b. If a final plat is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant. Recording of Final Plat. If the final plat is approved and signed by the Mayor and City officials, the subdivider shall record the final plat with the County Recorder or the Registrar of Titles. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the City Council and endorsed in writing on the plat. Effect of Approval. For two years following final plat approval, unless the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Expiration of Final Plat Approval. Unless the City Council specifically approves a different time period, the approval of a final plat shall expire two years from the date it was approved, unless the applicant has recorded the final plat with Washington County; or, unless before expiration of the two-year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a final plat has not been filed, 2) what, if any, good faith efforts have been made to complete the platting process, and 3) the anticipated completion date. The Zoning Administrator may approve one such extension for a term not to exceed one additional year. Additional extensions may be approved by the City Council. 153.500.090 SUBMISSION REQUIREMENTS FOR SUBDIVISION Subd. 1. Concept Review. The applicant shall prepare and submit the required number of copies of a Concept Plan containing the following information: Narrative. A narrative of the proposed subdivision and its purpose shall include the following: Current Zoning of the Property. Description and statement of the proposed density of the subdivision and method for calculating the density. Description of the Land Development Design as described in Section [153.400.020] of this Chapter. A scale drawing of the proposed site with reference to existing development within 500 feet of the proposed site. Resource Inventory. The Resource Inventory shall include: Hydrologic characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainageways. Topographic contours at 2-foot intervals. Context: general outlines of existing buildings, land use, and natural features such as wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of no less than 1 inch equals 200 feet. a. Proposed general street and lot layout with lot sizes of individual parcels designated. b. General location of proposed public and private open space areas, recreational areas, sidewalks, trails, etc. c. Current zoning of the property. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-27 d. Any additional information that may be required to explain the concept plan. Concept plans for Open Space Conservation Design Subdivisions shall meet all requirements of Section [153.200.040] of this Chapter. Subd. 2. Preliminary Plat. An application for Preliminary Plat shall be comprised of the Preliminary Plat Plan Set, and the following requirements shall apply to all submission materials: Drawings, General Requirements. All drawings must meet all following specifications: Be at a scale of 1 inch equals 50 feet (1” = 50’) or less using an engineer’s scale only. Be on paper not exceeding 24 inches by 36 inches. Include a title, and north point indication, the name and address of the subdivider, and the name and address of the designer of the drawing. Include a signature of the person who prepared the drawing, together with any registration, license number or other professional certification number or title. Provide the date of preparation and any revisions. Full Size Subdivision Plan Set. The subdivider shall provide complete full-sized (22 inches by 34 inches) assembled sets of the drawings in the number specified by the Zoning Administrator. An additional full- sized set of the drawings shall be provided in each of the following cases: If the plat contains or abuts a county road; or If the plat contains or abuts a state highway; or If the plat contains or abuts a wetland or shoreland district. Reductions. The subdivider shall provide complete, assembled sets of the drawings reduced to half scale at 11 inches by 17 inches, and copies of the final plat reduced to 8.5 inches by 11 inches, the number of which shall be determined by the Zoning Administrator. Existing Conditions. The application form shall be accompanied by drawings and information indicating the following: Proposed name of the subdivision. The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the County. The City shall have final authority to designate the name of the subdivision. Certified Survey. An accurate certified survey of the proposed plat, current within one year, showing existing conditions and providing the current legal descriptions of all parcels within the proposed plat. Zoning Classification. Existing zoning classifications for land in and abutting the subdivision, including floodplain, shoreland, and river district boundaries. Gross acreage and net acreage of the proposed plat. The acreage of the area contained within the plat shall computed to one-tenth of an acre. Gross acreage means the total site area, and net acreage means gross acreage minus all wetland areas and areas below the 100-year ordinary high-water level. Streets and platted public ways. Location, right-of-way width, and names of existing or platted streets or other public ways, parks and other public lands, wooded areas, rock outcrops, power transmission poles and lines, significant physical features/natural resources, permanent buildings and structures, easements and section, corporate and school district lines within the plan and to a distance of 300 feet beyond. Existing utilities. Location and size of existing sewers, water mains, culverts, wells, septic systems, drain tile, or other underground facilities within the preliminary plat area and to a distance of 100 feet beyond the boundaries of the plat. Such data as grades and location of catch basins, manholes, hydrants, and street pavement width and type shall also be shown. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-28 Location and size of private overhead and underground utilities, including electric, gas, telephone and cable. Abutting lands. Boundary lines of adjoining unsubdivided or subdivided land within 100 feet, identified by name and ownership, and including all contiguous land owned or controlled by the subdivider. Wetland Delineation. All wetlands shall be field delineated by a qualified and experienced wetlands delineator and shown appropriately on the preliminary plat. A copy of the wetland delineation report shall be submitted. Mapping must show surveyed location of all wetland boundary markers. Topographic data, including contours at vertical intervals of not more than 2 feet, except in those areas where the slope is less than one percent (1%) a 1-foot vertical interval shall be shown. At the discretion of the Zoning Administrator, spot elevations may substitute for the one-foot contour intervals. Soils types. Soil types and location of limits of each soil type as shown in the Soil Survey of Washington County. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be submitted as part of the application. A geotechnical review report and soil borings meeting Mn/DOT guidelines shall be submitted within the alignment of proposed public streets. For lands proposed to be platted in the Lower Saint Croix River District the bluff line, and all slopes over 12% within a horizontal distance of 50 feet or greater, shall be delineated. In Shoreland Districts, all slopes over 18% within a horizontal distance of 50 feet or greater shall be delineated. Slopes in excess of 25% shall be delineated on all properties. On all lakes, ponds and wetlands, all water surface elevations, ordinary high-water elevation and 100- year flood elevations shall be denoted. Subdivision Design Features. The application form shall be accompanied by drawings and information indicating the following: Layout of proposed streets showing right-of-way widths and proposed names of streets. The name of any street shall conform to the Washington County street naming system. Locations and widths of proposed alleys, pedestrian ways and utility easements. Lot and block numbers, dimensions of each lot, and area of each lot, calculated to one-tenth of an acre. Buildable area of each lot calculated to one-tenth of an acre. Proposed building pad location, building style, building pad elevations at the lowest floor, and garage slab. Required and proposed front, side and rear building setbacks as well as setbacks from water bodies and bluff lines. Proposed on-site septic system location and back-up location. Soil borings shall be completed on each lot with results submitted to the Washington County Department of Health and Environment. If it appears that soil may not be suitable on any lot for the installation of an on-site septic system, additional borings and percolation tests may be required at the discretion of the County. Source of water supply and proposed locations. Location and size of proposed sanitary sewer lines and water mains or proposed City sewer and water systems. Gradients of proposed streets and sewer lines. Plans and profiles showing locations and typical cross-sections of street pavement including curbs, gutters, sidewalks, drainage easements, servitude right-of-ways, manholes and catch basins. Areas (other than streets, alleys, pedestrian ways and utility easements) intended to be dedicated or reserved for public use including the size of such area(s) in acres. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-29 Grading and drainage plan. If any fill or excavation is proposed in a wetland or lake, approval may be required from the Minnesota Department of Natural Resources, Army Corps of Engineers, the City and/or Watershed District. Erosion and sediment control plan. Storm water pollution prevention plan. Landscape Plan, as applicable. Woodland and Tree Preservation Plan as applicable. Other Information. Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population. A copy of all proposed private restrictions. Drainage calculations for storm water runoff for the 2-year, 10-year and 100-year occurrence storm runoff events. Additional information may be requested depending on unique or special circumstances such as land-locked basins or environmentally sensitive areas. Such other information as may be requested by the Zoning Administrator. Subd. 3 Final Plat. The materials, information, and drawings required for submission of a final plat application are listed in this Section. In order for a final plat application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this Section. Preliminary Plat Plan Set modifications. The Preliminary Plat Plan Set shall be updated to incorporate all changes, modifications and revisions required as a condition of approval of the preliminary plat. Such modified and updated drawings shall become the Final Preliminary Plat Plan Set from which the construction drawings and documents are prepared. Drawings, General Requirements. Drawings must meet all following specifications: Be at a scale of one inch equals 50 feet (1” = 50’) or less using an engineer’s scale only. Be on paper not exceeding 24 inches by 36 inches. Include a title, and north point indication, the name and address of the subdivider, and the name and address of the designer of the drawing. Include a signature of the person who prepared the drawing, together with any registration/license number or other professional certification number or title. Provide the date of preparation and any revisions. The subdivider shall provide complete full-sized (24 inches by 36 inches) assembled sets of the drawings in the number specified by the Zoning Administrator. An additional full-sized set of the drawings shall be provided in each of the following cases: 1) when the plat contains or abuts a county road, 2) when the plat contains or abuts a state highway, and 3) when the plat contains or abuts a wetland or shoreland district. Reductions. The subdivider shall provide complete, assembled sets of the drawings reduced to half size at 11 inches by 17 inches, and copies of the final plat reduced to 8.5 inches by 11 inches, the number of which shall be determined by the Zoning Administrator. If the plat is approved, the subdivider shall submit electronic files of the drawings in a manner specified by the City. Final Plat Drawing. The Final Plat shall include, but not be limited to the following: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-30 Name of the proposed plat. Layout of all proposed lot lines with dimensions and lot and block numbers. Layout of all proposed streets, showing right-of-way widths and street names pursuant to the Washington County Uniform Street Naming and Numbering System. Location, dimensions, and purpose of all easements. Areas other than streets, sidewalks, trails, pedestrian ways, and utility easements intended to be dedicated or reserved for private or public use, including the size of such area(s). Certification by a registered surveyor, as required by Minnesota Statutes, Section 505.03, as may be amended. Space for signatures of all owners of any interest in the land and holders of a mortgage thereon, in the format prescribed by Washington County. Space for certificates of approval to be filled in by the signatures of the Mayor and City Engineer, together with space for the attestation of such signatures by the City Administrator/Clerk. Space for certificates of approval and review in the format prescribed by Washington County. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: Three specification books for construction of public improvements. Cost estimates for grading and all public improvements. Lot sizes for all lots and outlots in tabular form. A copy of any proposed homeowner’s association documents, private covenants or deed restrictions. Drainage calculations for storm water runoff for the 2-year, 10-year and 100-year occurrence storm runoff events. Additional information may be requested depending on unique or special circumstances such as land-locked basins or environmentally sensitive areas. An Opinion of Title prepared by the subdivider’s attorney or a current title insurance policy or commitment certified to within 30 days of submission of the final plat to the City Council for approval. Subd. 4. Development Agreement. It is the purpose of this Section to ensure that a subdivider follows the conditions of approval and properly installs the improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development contract with the City, setting forth the conditions under which the subdivision is approved. No improvement within a subdivision shall take place until Final Plat approval has been granted by the City and a Development Agreement has been signed outlining the work to be done and a financial guarantee has been posted with the City in accordance with this Section. Required Basic Improvements. Prior to the approval of a plat, the subdivider shall have agreed to install in conformity with the approved construction plans and in conformity with all applicable standards and ordinances, the following improvements on the site: Monuments required by Minnesota Statutes. Streets, curbs and gutters. Street lighting. Street signs and traffic control signs. Sidewalks/ trails. Sanitary sewer. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-31 Water mains. Surface water facilities (pipe, ponds, rain gardens, etc.) Grading and erosion control. Landscaping, woodland replacement, screening and buffering as required by Section [153.400.060 and 153.400.070] of this Chapter. Wetland mitigation and buffers. Finished grading and ground cover for all park, playground, trail and public open spaces. Miscellaneous facilities as may be required by the approval of the subdivision. Other Improvements Required. The subdivider shall arrange for the installation of telephone, CATV, electrical and natural gas service following the grading of boulevard or utility easements. Completion of Basic Improvements. The development agreement shall provide a timeline for completion of the basic improvements, to be determined by the City after consultation with the subdivider. The time shall be reasonable with relation to the work to be done and the seasons of the year. The subdivider shall complete all required basic improvements no later than one year following the commencement of work on the improvements, except as follows: Where weather precludes completion, the improvement(s) may be completed at the outset of the next construction/growing season. The subdivider shall complete street lighting within 2 years following the initial commencement of work on the required basic improvements. The wearing course of streets shall be completed during the construction season of the year following installation of the base course of the streets. On request of the subdivider, the contract may provide for completion of part or all of the improvements prior to the approval of the final plat; in such event, the amount of the financial guarantee may be reduced in a sum equal to the estimated cost of improvements so completed prior to approval of the final plat. Reproducible record plans of all public improvements as required by the City Engineer shall be furnished to the City by the subdivider. Such record plans shall be in mylar format and an electronic format approved by the City Engineer and shall be certified to be true and accurate by the licensed engineer responsible for the installation of the improvements. Financial Guarantees. Subsequent to execution of the development contract but prior to the release of a signed final plat mylar for recording, the subdivider shall provide the City with a financial guarantee in the form of a letter of credit from a bank, cash escrow, or a combination of a letter of credit and a cash escrow with the City. A letter of credit or cash escrow shall be in an amount equal to 125% of the estimated cost of completion of the specified basic improvements. The issuer of the letter of credit shall be acceptable to the City. Letter of Credit. If the subdivider posts a letter of credit as a guarantee, the letter of credit shall 1) be irrevocable, 2) be from a bank approved by the City, 3) be in a form approved by the City, 4) be for a term sufficient to cover the completion, maintenance and warranty periods identified in this Section and shall contain the following: “It is a condition of this financial guarantee that it shall be deemed automatically extended without change for six months from the present or any future expiration date(s) unless 60 days prior to the expiration date(s) we shall notify the City in writing by certified mail that we elect not to consider this financial guarantee renewed for an additional period.” And 5) require only that the City present the credit with a sight draft and an affidavit signed by the City Administrator or the City Administrator’s designee attesting to the City’s right to draw funds under the credit. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-32 Cash Escrow. If the subdivider posts a cash escrow as a guarantee, the escrow instructions approved by the City shall provide that 1) the subdivider will have no right to a return of any of the funds except as provided by law, and 2) the escrow agent shall have a legal duty to deliver the funds to the City whenever the City Administrator or the City Administrator’s designee presents an affidavit to the agent attesting to the City’s right to receive funds whether or not the subdivider protests that right. The developer may submit a separate financial guarantee for that portion of the required basic improvements consisting solely of landscaping improvements. Construction Plans. Construction plans for the required improvements shall be prepared at the subdivider’s expense by a professional engineer who is registered in the State of Minnesota. Construction plans shall contain the preparers certification. These plans, together with the quantities of construction items, shall be submitted to the City engineer for the engineer’s approval and estimate of the total costs of the required improvements. Upon approval, the plans shall become a part of the development contract. The tracings of the plans approved by the City engineer in an electronic format acceptable to the City engineer shall be furnished to the City to be filed as a public record. Cost of Improvements. a. Required improvements are to be furnished and installed at the sole expense of the subdivider. b. If any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvements, representing the benefit to such lands, to be assessed against the same. In such a situation, the subdivider will be required only to pay for such portion of the whole cost of said improvements as will represent the benefit to the property within the subdivision. Administration of Development Contract. The subdivider shall pay to the City the costs of administering the Development Contract. Administrative costs include but are not limited to monitoring of construction observation, consultation with the subdivider and the subdivider’s engineer on status or problems regarding the project, plan review, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security, for all public improvements covered by the development contract. Release and Expiration of Financial Guarantees. The financial guarantee shall be held by the City until, upon written notice by the subdivider and certification from a professional engineer that part or all of the required improvements have been completed and upon verification of such by the City staff, a portion or all of the financial guarantee is released by the City Engineer. No financial guarantee shall be released in full until the City has received 1) certified, reproducible record plans of all required improvements installed by the subdivider and 2) a title insurance policy approved by the City Attorney indicating that the improvements are free and clear of any and all liens and encumbrances. It shall be the responsibility of the subdivider to ensure that a submitted financial guarantee shall continue in full force and effect until the City has approved and accepted all of the required improvements, and thereby is authorized to release the guarantee or reduce the amount of the guarantee as provided in [Subd. (1)] above. Warranty. The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final written City acceptance of the work. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be 1 year from the date of final written acceptance. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-33 The required warranty period for plant materials (sod, trees, and landscaping) is 2 growing seasons following installation. The warranty period may be extended depending upon the nature of the required basic improvements and as necessitated to enforce any conditions of approval of the subdivision. Miscellaneous Requirements. No subdivider shall be permitted to start work on any other subdivisions without special approval of the City if the developer has previously defaulted on work or commitments. No building permit shall be issued for a new structure to be built or placed on a lot in a new plat until the road and drainage improvements allow adequate access to the lot and private utilities are available. With regard to road improvements, adequate access shall mean that the gravel base is in and has been approved by the City engineer. No such structure shall be occupied until the base course of pavement has been completed. For any lot or parcel of land designated as an “outlot” the development agreement shall specify the usage and ownership of said lot or parcel. Subd. 5. Park Dedication. Pursuant to Minnesota Statutes, Section 462.358, Subdivision 2 (b), as amended and this Chapter, all owners or developers, as a prerequisite to approval of a plat, subdivision or development of any land, shall convey to the City or dedicate to the public use, a reasonable portion of any such land for public use as streets, roads, sewers, electric gas and water facilities, storm water drainage and holding areas or ponds, similar utilities and improvements or parks, playgrounds, trails or open space, said portions to be approved and acceptable to the City. Findings. The preservation and development of parks, trails and open spaces in the City of Scandia are essential to maintaining our rural character, protect our natural beauty and recognize our history. New development creates the need for new parks, open spaces and trails which must be developed concurrently with development in order to implement the Comprehensive Parks, Trails, Open Space and Recreation Plan and maintain the current level of service and the quality of the environment for all. Therefore, new developments shall be required to contribute toward the City’s park system in rough proportion to the relative burden they will place upon the park system. Dedication Required. In all developments, the owner of a subdivision shall, as prerequisite to approval of a plat or minor subdivision, convey to the City land for the public use as parks, playgrounds, trails or open space in an amount roughly proportional to the development’s share of demands on the City’s park and trail system as set forth in this Section. If the City determines that land is not needed in the area of the proposed subdivision, the subdivider shall pay, in lieu thereof, a cash contribution to the City, or a combination of land and cash dedication at the City’s discretion. The dedication requirements of this Chapter are presumptively appropriate. A deviation may be considered if the development provides affordable housing to low and moderate income persons, as defined by the Metropolitan Council. Calculation of Land Dedication Requirement. a. Residential. In all new residential subdivisions, a minimum of 5% of the net area subdivided shall be dedicated for public use. The net area shall be the gross area of the subdivided property minus the area of wetlands, lakes and streams below the ordinary high water mark. Land areas so conveyed or dedicated for park, playground, trail and open space purposes shall be in addition to property dedicated for streets, easements, drainage, ponding or other public ways, and shall be in addition to open space requirements for open space conservation subdivisions pursuant to the Zoning Code, as amended. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-34 b. Non-Residential. Park dedication for non-residential development will be negotiated between the City and the developer. The land area to be dedicated, or the fee in lieu, will be based on an evaluation of the potential need for parks, trails and open space generated by the subdivision and whether or not there is land within the development needed and/or planned for a park or trail in the Comprehensive Plan. Cash in Lieu of Land Dedication. The amount of cash to be paid in lieu of land dedication shall be based on the fair market value of the land to be subdivided at the time of final plat approval, multiplied by the percentage of land required to be dedicated in [Section a.] above. Fair market value shall be determined as follows: The City and the developer may agree as to the fair market value; or The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. If the City disputes such appraisal the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. The developer may pay a cash fee of $3,000 for each residential unit created as the presumptive fair market value of the land for which cash is paid. Cash and Land Combination. The City, upon consideration of a particular development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required in addition to or in lieu of the land dedication in order to ensure that the development contributes to the park system in rough proportion to its impact. Suitability of Land to be Dedicated. Any land to be dedicated as a requirement of this Chapter shall be reasonably adaptable for its proposed use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. Land conveyed or dedicated pursuant to provisions of this Chapter shall be located outside of drainage ways, floodplains and ponding areas after the site has been developed. Subdividers shall be responsible for making certain improvements to the land dedicated for park, playground, trail and public open space purposes including, but not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. No credit toward the required dedication shall be given for this work. Standards for Location. The Park and Recreation Committee shall make a recommendation to the Planning Commission prior to preliminary plat approval, as to the location and type of park facility required for each development. The Park and Recreation Committee shall consider the City Parks, Trails and Open Space Plan, other resources, and factors of density and site development in making its recommendation. Where a proposed park, playground, trail, open space or other recreational area that has been indicated on the official map and/or Comprehensive Plan is located in whole or in part within a proposed subdivision, such proposed sites shall be designated as such and shall be dedicated to the City. Procedures. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-35 When land is to be dedicated to satisfy the park dedication requirement, separate lots or outlots shall be indicated on the plat drawings. Such lots or outlots shall be deeded to the City prior to issuance of any building permits within the plat. When a cash fee is to be paid in lieu of land dedication, the fee shall be paid prior to the City’s release of the signed final plat for recording. For plats that include outlots for future development or are developed in phases, the subdivider may pay the City either, 1) the required park dedication for the entire subdivision, including the outlots or future phases, or 2) the required park dedication excluding such outlots or future phases. The park dedication requirement shall be satisfied when such outlots are replatted or final plats are approved for future phases, as provided in the development agreement. Cash in lieu of land contributions shall be deposited in the City’s Parks Capital Improvements Fund and shall be used only for acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Private Open Space. Open space privately owned and maintained shall not be given credit for parkland dedication. Where private open space for park, playground, trail, open space or other recreation purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, the standards for open space conservation subdivisions as provided in Section [153.200.050] of this Chapter shall be met. 153.500.100 ENVIRONMENTAL REVIEW Subd. 1. General Provisions. No development project shall be approved prior to review by the Zoning Administrator to determine 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. Subd. 2. Environmental reviews (EAWs and EISs). Environmental reviews shall be conducted as early as practical in the processing of a development project. Time delays in the normal 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. Environmental Assessment Worksheets (EAWs). 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. 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. Discretionary EAWs. A discretionary EAW may be required when it is determined 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. Procedures. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-36 a. 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. The EAW shall be prepared pursuant to Minnesota Rules 4410.1400 except as modified herein. b. Neighboring Property Owner Notification. 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 750 feet of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed a minimum of 10 days before the date of the Planning Commission meeting during which the EAW will be considered. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. Review by Planning Commission. During the 30-day comment period that follows publication of the notice 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. c. Environmental Impact Statements (EISs). 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. 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. 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. Procedures. 1. 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 the project proposer in accordance with Minnesota Rules Parts 4410.6000 to 4100.6500, as may be amended. 2. 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, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-37 153.500.110 NONCONFORMITIES Subd. 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 this Chapter 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. Subd. 2. General Provisions. 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 Chapter as requiring a conditional use permit 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. 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 permit approval. Any change to such a use or building shall, however, require that a new interim use permit be processed according to this Chapter. 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: Be legally declared a nuisance by the City Council. 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. 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. The acceptability of the time schedule shall be determined by the City Council with right of appeal. Subd. 3. Nonconforming Buildings and Structures. Replacement. A lawful nonconforming structure which is removed, destroyed or altered by any means to the extent that the cost of repair or replacement would exceed fifty percent (50%) of the Assessed Value of the original structure shall not be replaced, except in conformity with this Chapter. If a replacement structure cannot be placed on the lot meeting all current standards, the variance procedure must be followed. For the purposes of this Chapter, the term “Assessed Value” shall mean the market value of the property as determined by the current records of the City Assessor for the year in which the damage was done. Restoration of buildings destroyed by fire or peril. 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 50% 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 on adjacent property or water body. Alterations. Alterations to (e.g., repair, normal maintenance, remodeling) of a lawful nonconforming building or structure that are valued at 50% or less of the appraised value of the original nonconforming building or structure may be undertaken provided: The alterations do not expand the building size. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-38 The alterations do not change the building occupancy capacity, or parking demand or sewage treatment requirements. The alterations do not increase the nonconformity of the building or the use. Expansion of Nonconforming Buildings or Structures. 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 [153.500.050 and 153.500.060] of this Chapter, provided that: a. The existing structure remains in place, and is expanded. b. 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. c. The Zoning Administrator finds that any such expansion will not have external negative impacts upon adjacent properties or public rights-of-way. d. Long term sewage disposal needs can be met. e. 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, provided that: 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. 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. The request for Conditional Use Permit shall be evaluated based on standards set forth in Section [153.500.050] of this Chapter. Long term sewage disposal needs can be met. f. Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs (A), (B), (C) and (D) above, any restoration, alteration, replacement, repair, or expansion of a building 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. Subd. 4. Nonconforming Uses. Effective Date. The lawful use of buildings or land existing at the effective date of this Section which does not conform to the provisions of this Chapter may be continued, unless: The nonconformity or occupancy is discontinued for a period of more than 1 year. If a structure used for any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-39 Notwithstanding [f] 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 50% 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. 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. 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. Subd. 5. Nonconforming Lots. 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: 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. Development of the lot is consistent with the Comprehensive Plan and the lot is properly zoned for single family use. The lot shall be at least 66% of the dimensional standards for lot size and lot width as required by the Base Zoning District and any applicable Overlay District. 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. The lot must be suitable for the installation of sewage treatment system that is permitted by the Washington County Subsurface Sewage Systems (SSTS) rules and regulations. All structure and septic system setbacks shall be met. Impervious surface coverage must not exceed 25 %. 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 meet the minimum requirements of this Chapter, 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. An existing conforming use or building on a lot of substandard lot area or lot width may be restored, altered, replaced, repaired, or 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. A conforming lot shall not be reduced in size so that it would become nonconforming in any aspect of this Chapter. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted XX.XX.2022 (Version Updated 06.17.2022) 153.500 page-40 Overlay Districts. Nonconforming buildings and uses as described in the Shoreland Management Overlay District and the Floodplain Management Overlay District contained in Chapters 155 and 156 shall be subject to the applicable regulations and standards relating to such buildings and uses in this Chapter. Where any regulations are found to be inconsistent, the more restrictive of the regulations shall apply. 153.500.120 VIOLATIONS, ENFORCEMENT AND PENALTIES Subd. 1. Enforcement. In case any subdivision, building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Section, 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 subdivision, 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. Subd. 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 offenses. Each act of violation and every day on which a violation occurs or continues is a separate violation. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-1 153.600 MASTER GLOSSARY 153.600.010 Rules of Interpretation and Word Construction Rules. The language contained in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural and the plural includes the singular. 2. The present tense includes the past and future tenses, and the future to the present. 3. The words "shall" and “must” are mandatory, and the word “may” is permissive. 4. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition. 5. All measured distances expressed in feet shall be to the nearest tenth of a foot. 6. In the event of conflicting provisions, the more restrictive provisions shall apply. 7. For terminology not defined in this Section, the most current Merriam Webster’s dictionary shall be used to define such terms. Definitions of Regulatory Bodies, Persons and Policies. The following definitions are provided to describe persons, regulatory bodies, agencies and applicable policies referenced throughout this Chapter. 1. Administrator: The City Zoning Administrator. 2. Applicant: Any person or entity that is required to submit an application for a permit or approval required by this UDC. 3. Architectural Design Guidelines: The Architectural Design Guidelines of the City of Scandia dated September, 2009 as may be amended from time to time. 4. Attorney: The City Attorney. 5. Base Zoning District (“Zoning District”): An area or areas within the City in which the regulations and requirements of this UDC are applied. 6. 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. 7. Building Code: The Minnesota State Building Code. 8. Building Official: The designated authority charged with the administration and enforcement of the State Building Code. 9. Building Permit: A permit required from the responsible governmental agency before any site work, construction or alteration to structures can be started. 10. Chapter: The City of Scandia Unified Development Code 11. 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. 12. County: Washington County. 13. Engineer: The City Engineer. 14. Governing Body: The City Council. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-2 15. MPCA: The Minnesota Pollution Control Agency. 16. MnDNR: The Minnesota Department of Natural Resources. 17. Municipality: A city or township, however organized. 18. 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 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 UDC. 19. Official Map: A map adopted in accordance with the provisions of Minnesota State Statutes, 394.361. 20. Ordinance, Zoning: The City of Scandia Unified Development Code. 21. Overlay District: A zoning district shown as an overlay on the zoning map. 22. Owner: Includes all persons interested in a property as fee simple owner, life estate holder, encumbrancer. 23. 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. 24. Person: Any person, corporation or association, including governmental agencies and political entities. 25. Planning Commission: The duly appointed planning and zoning commission of the City. 153.600.020 Definitions of Dimension, Measurement, Structure and Subdivision 1. Area, Net Developable: Those lands within a development parcel remaining after the deletion of flood plains, wetlands, slopes greater than 25%, unbuildable easements or rights-of-way, and required building setbacks. 2. 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. 3. Bluff: See Chapter 5 Shoreland Management Regulations. 4. Buffer: A strip of land intended to create physical separation between potentially incompatible uses of land. 5. Buffer, Wetland: Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation. 6. Buildable Land: Land with a slope less than 25%, 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. 7. 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. 8. 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 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-3 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. 9. 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. 10. Character, or Character Area: Attributes of architecture, form, and/or the physical environment that define an area. Examples include front porches, Scandinavian vernacular, farmsteads, roof pitch, color or materials, similar lot sizes or setbacks, etc., are all characteristics that define the character of an area or neighborhood. 11. Cluster Developments: See Open Space Conservation Subdivision. 12. 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. 13. Conventional Subdivision: divides property into lots according to the density, minimum lot size and minimum lot width requirements for the zoning district. 14. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-4 15. 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 UDC. 16. Cul-de-sac: A minor street with only one outlet and having a turnaround or terminus. 17. Cul-de-sac, Temporary: A minor street with only one outlet and having a turnaround or terminus that is planned to connect to an adjacent through-road, and such future extension is provided through dedicated right-of-way to the property line. 18. Density: The number of dwelling units permitted per acre of land. 19. 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 UDC, 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. 20. 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. 21. Depth of Rear Yard: The horizontal distance between the rear building line and the rear lot line. 22. 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 UDC. 23. 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. 24. Flag Lot: A lot with access provided to the bulk of the lot by means of a narrow corridor. 25. 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. 26. 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. 27. Floor Area Ratio (FAR): 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-5 28. Floor Plan, General: A graphic representation of the anticipated use of the floor area within a building or structure. 29. Footprint: The length and width of the building’s foundation and the building’s height. 30. Frontage: That boundary of a lot that abuts a public street or private road. 31. Grade Plane: A reference plane representing the average of finished ground level adjoining a building at exterior walls. 32. Height of sign: the height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. 33. 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. 34. 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 UDC. 35. 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. 36. Lot Area: The area of a horizontal plane within the lot lines. 37. Lot Area, Minimum per Dwelling Unit: The minimum number of square feet or acres of lot area required per dwelling unit. 38. 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. 39. Lot, Buildable: A lot that meets or exceeds all requirements of this UDC without the necessity of variances. 40. Lot, Corner: A lot situated at the junction of and abutting 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 135 degrees. 41. 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. 42. Lot Depth: The mean horizontal distance between the front and rear lines of a lot. 43. Lot, Interior: A lot other than a corner lot, including through lots. 44. 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. 45. 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. 46. Lot Line, Rear: That boundary of a lot that is opposite to the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-6 47. Lot Line, Side: Any boundary of a lot that is not a front lot line or a rear lot line. 48. Lot, Through: Any lot other than a corner lot that abuts more than 1 street. On a through lot, all property lines abutting the road right-of-way shall be considered the front lines. 49. Lot Width: The horizontal distance between the side lot lines of a lot measured at the setback line. 50. 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. 51. Nominal Parcel: A parcel not reduced by more than 10% of its lot area due to road right-of-way dedication. 52. Nonconforming Lot: A separate parcel or lot of record on the effective date of this UDC, or any amendments thereto, which lot or parcel does not conform to the regulations, including dimensional standards, contained in this UDC or amendments thereto. 53. Outlot: A parcel of land included in a plat, of which the use or development is restricted. Such outlot may be a large tract that could be subdivided in the future or may be too small to comply with the minimum size requirements of this UDC or may otherwise be unsuitable for development and therefore not usable as a building site. A recorded plat development must specific the restrictions on said lot. 54. Open Space Development: See Open Space Conservation Subdivision. 55. 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. 56. Planned Unit Development (PUD): Allows some flexibility from the strict application of the Base Zoning District standards in exchange for an improved design benefiting the public, which may include the property owner to have two or more principal uses on a single parcel of land. A specific development plan, including identification of granted flexibility, shall be approved by the City Council. 57. Platted Land: Lands with legal descriptions described as lot, block, plat name. 58. 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. 59. 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. 60. 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. 61. Story Above Grade Plane: Any story having its finished floor 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: More than 6 feet (1,829 mm) above grade plane; more than 6 feet (1,829 mm) above the finished ground level for more than 50% of the total building perimeter; or more than 12 feet 3,658 mm) above the finished ground level at any point. 62. 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 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-7 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 UDC. 63. Street: A public right-of-way that affords a primary means of access to abutting property. 64. 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. 65. 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. 66. Street, Local: A street intended to serve primarily as an access to abutting properties. 67. Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic. 68. Street Width: The width of the right-of-way measured at right angles to the centerline of the street. 69. 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. 70. Structure, Nonconforming: Any structure lawfully or legally existing on the effective date of this UDC, 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 UDC or amendments thereto. 71. 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. 72. Subdivision, Major: All subdivisions not classified as minor subdivisions including, but not limited to, subdivisions of 4 or more lots, or any size subdivision requiring any new street or extension of an existing street. 73. Subdivision, Minor: Any subdivision containing 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, Base Zoning District or this Chapter. 74. Yard: The open space on an occupied lot that is not covered by any structure. 75. Yard, Front: The yard across the full width of the lot extending from the front line of the principal building to the front lot line, except for buildings on Recreational or Natural Environment lakes where the front yard faces the water. 76. Yard, Rear: The yard across the full width of the lot extending from the rear line of the principal building to the rear lot line. 77. 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. 78. Yard, Side: The yard between the principal building and the adjacent side of the lot, extending from the front line of the principal building to the rear line of the principal building. 79. 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 for lots in a conventional subdivision in accordance with this UDC. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-8 153.600.30 Definitions of Use, Standards and Terms (A) This subsection will list all definitions contained in this Chapter. 1. Abandoned Sign: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more; or any sign which pertains to a time, event or purpose which no longer applies; or any sign whose permit has expired shall be deemed to have been abandoned. Signs applicable to a use temporarily suspended because of a change in ownership or management of such use shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. 2. Accessory Dwelling Unit: A dwelling unit that may be attached or detached from the principal structure and is located on the same lot as a principal residential or commercial structure to which it is accessory, and that is subordinate in area and form to the principal use. A density unit is not attributed to this dwelling unit when calculating density. 3. Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 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. 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 Processing: 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 Use: A commercial or nonprofit use 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 and incidental to the farm or nursery operation. This term includes farm tours, hay rides, corn mazes, field trips or educational experiences or classes related to agricultural products or skills, or similar uses. Campgrounds or overnight camping shall not be considered an Agritourism Use. 10. Alteration: To change or make different; to remodel or modify. 11. Animal Unit: A unit of measure 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-9 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 defined 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, lynx, 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 metal, 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. 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). 17. Antenna, Household Radio, Television and Short-Wave Radio Receiving: A wire, set of wires or any device consisting of metal, 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. 18. Antenna, Satellite Dish: A device consisting of metal, 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. Appraised Valuation: The market value of a structure as determined by the current records of the County Assessor. 21. Arts and Heritage Center: A facility and grounds used for events such as, but not limited to, art displays, concerts and musical performances, theatrical events, and public gatherings. 22. 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% of whom 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. 23. Banner: A temporary sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags or the official flag of any organization shall not be considered a banner if displayed for noncommercial purposes. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-10 24. Bar or Tavern: A building with facilities for the serving of beer, liquor, wine, set-ups and short order foods. 25. 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 10 persons. 26. 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 or leaks, sludge or water disposal, or drainage from raw materials storage. 27. Brew on Premises Store: A retail business that sells the ingredients and equipment to customers to brew beer, other malt liquor or wine at the store for personal or family consumption. 28. Brewery, Craft: A facility with a capacity to manufacture twenty thousand (20,000) or fewer barrels of alcoholic and nonalcoholic malt liquor a year. This definition excludes small breweries operated in conjunction with a bar or restaurant defined herein as an accessory use. 29. Business: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation. 30. 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. 31. Caregiver: An individual 18 years of age or older who provides care for a mentally or physically- impaired person and is a relative, legal guardian, or health care agent of the mentally or physically-impaired parson for whom the individual is caring. 32. Car Wash: A building or area that provides hand or machine operated facilities for washing and cleaning motor vehicles. 33. 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. 34. 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. 35. Certificate of Occupancy: A certificate issued by the building official authorizing the use or occupancy of a building or structure. 36. 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. 37. 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 purposes. 38. Commercial Food Producing Farm Operations: See “Farm” definition. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-11 39. 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. 40. 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 UDC, 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. 41. 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. 42. 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. 43. 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, shorelands, steep slopes and their accessory uses such as interpretive centers, trails and management facilities. 44. 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. 45. Conveyance: Conveyances shall have the meaning specified in Minnesota Statute 272.12. 46. Cost of Renovation, Repair or Replacement: The fair market value of the materials and services necessary to accomplish such renovation, repair or replacement. 47. 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. 48. Cultural Resource: The historic and archeological characteristics of the land, including buildings and landscapes, which provide information regarding the history of the area and its people. 49. Cutoff: 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. 50. 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. 51. 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 90 degrees. 52. 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”. 53. 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. 54. Disposal Area, On-Site Sewage Treatment: See Washington County Subsurface Sewage Treatment Regulations. 55. Distillery, Craft: A distillery producing premium, distilled spirits not exceeding 40,000 proof gallons in a calendar year. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-12 56. Drainageway: A channel that provides for the drainage of stormwater runoff from a watershed or subwatershed area. 57. 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. 58. 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. 59. 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. 60. 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. 61. Dwelling: A building or 1 or more portions thereof occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing homes. (Also see Dwelling Unit.) 62. Dwelling, Duplex or Two Family: A residential building containing 2 complete dwelling units. 63. Dwelling, Multiple Family: A residential building, or portion of a building, containing 2 or more dwelling units. 64. 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. 65. Dwelling, Single: A residential building containing 1 detached dwelling unit. 66. 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 1 family. 67. Environmental 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. 68. Equestrian Uses: Those uses commonly associated with the raising, maintaining and training of horses for riding, racing or breeding. 69. Erosion: The wearing away of the ground surface as a result of the movement of wind, water and/or ice. 70. Erosion Control: Methods employed to prevent erosion, such as soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. 71. 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. 72. 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 electric substations, gas substations, and telephone switching and relay facilities. 73. Exterior Storage: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-13 74. Family: An individual, or 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 6 persons not related, maintaining a common household, exclusive of servants. 75. Farm: Land whose use is primarily devoted to agricultural uses or the raising and/or breeding of livestock. 76. 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. 77. 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. 78. 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. 79. Fence: A partition, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure. 80. 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. 81. Flashing Light: A light source that is not constant in intensity or color at all times while in use. 82. 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. 83. Flood Frequency: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 84. 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. 85. 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. 86. 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. 87. 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. 88. 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. 89. 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. 90. 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. 91. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-14 92. 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. 93. Garage, Storage: Any premises, except those described as a private or public garage used exclusively for the storage of power-driven vehicles. 94. 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. 95. 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. 96. Golf Course: An area of land laid out for golf with a minimum series of 9 holes each including a tee, fairway, and putting green and often one or more natural or artificial hazards. 97. Government Uses, Buildings and Storage: An area of land or structures 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. This use includes, but is not limited to, public purposes, storage, or maintenance. Publicly or privately operated school facilities are not considered part of this land use. 98. Grocery Store: A retail establishment which offers for sale food products, household items and other goods associated with the same. 99. Hazardous Material: Hazardous material means a chemical or substance, or a mixture of chemicals or substances, which: is regulated by the federal Occupational Safety and Health Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or 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. 100. 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. 101. High Power Transmission Line: A 69 KV or greater electric transmission line with towers a minimum of 75 feet in height. 102. Historic Building or Structure: A building or structure which has been identified by the Washington County Historical Society or the State Historic Preservation Office as a historic building or structure, or other undesignated structures such as residences and barns having public value due to its notable architectural or historical features relating to the cultural heritage of the community. 103. 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 UDC. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-15 104. Homeowners Association (HOA): 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 common open space and facilities. 105. Homesteaded Dwelling: A dwelling that is occupied and used for the purposes of a homestead by its owner pursuant to Minnesota Statutes § 273.124. 106. Horse Show: An event where horses not boarded on the subject property are shown to the general public and guests. 107. Horse Training Facility, Commercial: The use of an accessory building in which horses not owned by the property owner are kept for commercial use including boarding, breeding, hire, sale, show, and training. 108. 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. 109. Hotel: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing 3 or more guest rooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by 3 or more individuals for compensation, whether the compensation be paid directly or indirectly. 110. 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. 111. Illicit Discharge: Any direct or indirect non-stormwater discharge to the storm sewer system, except as exempted in this code. 112. Infiltration: The passage or movement of water into the soil surface. 113. Institutional Use: Institutional uses include governmental offices and facilities, houses of worship, museums, cemeteries, and parks and trailheads open to the public. 114. Instrumental activities of daily living: Has the meaning given in Minnesota Statutes 256B.0659, subdivision 1, paragraph (i) or its successor statutes. 115. Interim Use: See Chapter One, Section 9. 116. Kennel, Commercial: Any place where 4 or more dogs over 6 months of age are boarded, bred, trained or offered for sale. This term does not include pet shops or veterinary establishments. 117. Kennel, Private: Any place where 4 or more dogs over 6 months of age are owned by any member of the household. 118. Land Alteration: The reclaiming of land by depositing or moving material so as to alter the grade or topography. 119. 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 12 month period. 120. Land Spreading/Land Application: The placement of waste or waste by-products on or incorporated into the soil surface. 121. Land Spreading/Land Application Site: Any land used for the purpose of land spreading or the land application of waste or waste by-products. 122. Landscaping: Planting trees, shrubs and turf covers such as grasses and shrubs. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-16 123. 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, f) street lighting, g) product display area lighting, and h) building overhangs and open canopies. 124. 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, 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. 125. Light Source: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. 126. 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. 127. 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. 128. Livestock Operations: A lot or structure or combination of lots and structures intended for the breeding, raising or holding of 11 or more animal units. 129. 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. 130. 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 1 lodging room. 131. Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts. 132. Manufactured Home: A structure, transportable in one or more sections, which in the traveling mode is 8 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. 133. Manure: Any solid or liquid containing animal excreta. 134. 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. 135. 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. 136. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-17 137. Mentally or physically-impaired person: A person who is a resident of the State of Minnesota who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician or physician assistant licensed to practice in Minnesota, or a certified nurse practitioner. 138. Motor Vehicle: Any self-propelled vehicle not operated exclusively on railroad tracks, and any vehicle propelled or drawn by a self-propelled vehicle, including but not limited to cars, trucks, buses, motorcycles, campers, recreational vehicles, and trailers. 139. Motor Vehicle, Abandoned, Unlicensed, Inoperable, Discarded, or Junked: Any motor vehicle that is one or more of the following: Without a current license; Being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming the use of some of the materials therein for the purpose of disposing of the same; Wrecked, discarded or dismantled; Incapable of movement under its own power; Left unattended for more than 48 hours on the property of another, if left without the permission of the property owner. 140. Mining: The excavation, removal, storage or processing of sand, gravel, rock, soil, clay, or other deposits. For the purposes of this UDC, 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 1 year. (E) The removal of excess materials in accordance with approved plats or highway construction. 141. 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. 142. Motor Freight Terminal: A building or area in which freight brought by motor truck is transferred and/or stored for movement by motor truck. 143. 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. 144. Motor Vehicle Repair, Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body, frame or fender straightening or repair; overall painting and upholstering; vehicle steam cleaning. 145. 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". City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-18 146. 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 minor repair of, motor vehicles. 147. 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. 148. 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. 149. 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. 150. 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. 151. 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. 152. 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 UDC, 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 UDC or such amendment. 153. 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. 154. Nursery, Day: A use where care is provided for 3 or more children under kindergarten age for periods of 4 hours or more per day for pay. 155. Nursing Home: A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. 156. 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. 157. 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. 158. Open Space: Land used for agriculture, natural habitat pedestrian corridors and/or recreational purposes that is undivided and permanently protected from future development. 159. Open Storage: Storage of any material outside of a building. 160. 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). 161. Parking Space: A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store 1 standard automobile. 162. 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. 163. Pedestrian Way: A public or private right-of-way across or within a block or tract, to be used by pedestrians. 164. Pennant: Any lightweight plastic, fabric or other material designed to move in the wind, whether containing a message or not. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-19 165. 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. 166. 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. 167. Plant Community: A grouping of plants with common environmental requirements living in a common geographic area, i.e., wetlands, grasslands, boreal forests. 168. 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. 169. 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. 170. 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. 171. Principal Structure or Use: All uses or structures that are not accessory uses or structure. 172. 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. 173. 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. 174. Public Land: Land owned and/or operated by a governmental unit, including school districts. 175. Public Recreation Facility: An outdoor recreation facility owned or operated by a governmental or non-profit organization 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. 176. Public Waters: Any water as defined in Minnesota Statutes, Section 103.G.005 (15.) 177. 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. 178. Recreation Facilities: Accessory structures and/or 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. 179. 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. 180. 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 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-20 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. 181. Recreation Vehicle, Camping: Any vehicle or structure which meets the following qualifications: Any vehicular, portable structure mounted on wheels to be towed by a self-propelled vehicle, and designed 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. 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. 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 integral part of a self-propelled vehicle. Such vehicles include motorhomes, mini-motorhomes, buses converted into campers, and the like. 182. Recreation Vehicle, Large (LRV): Recreational vehicles that are operable and licensed (if required) including but not limited to: travel trailers, chassis-mounted campers, motor homes, tent trailers, slide-in campers, airplanes, converted buses, snowmobiles and trailers, boats/watercraft and trailers, ice fish houses and trailers, all-terrain vehicles, and utility trailers. 183. Recyclable Materials: Materials that are separated from mixed municipal solid waste for the purpose of recycling. For the purpose of this UDC, these materials are limited to paper, glass, plastics and metals. Refuse derived fuel (RDF) is not a recyclable material under the provisions of this UDC. 184. 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. 185. 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. 186. 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. 187. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what 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. 188. Relative: A spouse, parent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically-impaired person. Relative includes half, step, and in-law relationships. 189. Research: Medical, chemical, electrical, metallurgical or other scientific research and quality control, conducted in accordance with the provisions of this UDC. 190. 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% of whom 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. 191. Residential facility: Any facility, public or private, which for 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 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-21 treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children. 192. Resort: Any structure or group of structures containing more than 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. 193. Resource Inventory: A survey of the land’s features including its natural resources, cultural resources, scenic views and viewsheds, and physical characteristics. 194. Restaurant: A business establishment whose principal business is the preparing and selling of unpackaged food to the customer in a ready-to-consume state. 195. Retail Sales and Services: Stores and shops selling personal services or goods over a counter. 196. Road, Private: A road that is owned and maintained by a private landowner, group of landowners, or association. 197. Road, Public: A road owned and maintained by a government jurisdiction. 198. Rural Event Activity Area: the specific area within a property that operates as a Rural Event Facility on which any of the activities associated with the facility area likely to occur, including parking areas. 199. 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. 200. Scenic Resources: That part of the landscape that provides a picturesque view and may contain outstanding recreational, natural, historic, scientific and manmade values. 201. 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. 202. 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. 203. Security Lighting: Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property. 204. 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. 205. 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. 206. Self-Service Storage: A structure or structures containing separate storage spaces of varying sizes which are leased or rented individually. 207. Septic Permit: A permit required from Washington County Environmental Services for the installation of any new or replacement on-site sewage disposal system. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-22 208. Sewage: Any water-carried domestic waste, exclusive of footing and roof drainage of any residence, industry, agricultural or commercial establishment whether treated or untreated. 209. 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. 210. 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.” 211. Shopping Center: Any grouping of 2 or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership. 212. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. 213. 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. 214. Sign, Animated (also called Dynamic Display signs): Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign fact to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows the sign face to represent a series of images or displays. 215. 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. 216. Sign, Awning: A building sign or graphic printed on or in some fashion attached directly to the awning material. 217. Sign, Back-lit or Illuminated: A sign which contains an element designed to emanate artificial light internally or externally. 218. 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. 219. Sign, Development Identification: A sign that identifies the name of a residential, commercial or industrial development at a street entrance to the development. 220. 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. 221. Sign, Freestanding: A sign which has a supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. 222. Sign, Identification: A sign that identifies the inhabitant of the dwelling. 223. Sign, Monument: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-23 224. Sign, Motion: A sign that has revolving parts or signs that produce moving effects through the use of illumination. 225. Sign, Nameplate: A sign that states the name and/or address of the business, industry or occupant of the site and is attached to said building or site. 226. Sign, Off-Premises: A sign that directs attention to a use not located upon the premises where the sign is located or to which it is attached. 227. Sign, Pedestal: A ground sign usually erected on 1 central shaft or post that is solidly affixed to the ground. 228. Sign, Portable: A sign, with or without copy and/or graphics, that is constructed or placed upon a chassis with wheels or skids in order to be movable from one location to another, such as may be mounted on an automobile or trailer. This definition does not include permanent identification signs painted directly on vehicles, principally used for transportation, but does include such signs if the vehicles are not used for transportation purposes but are intended as a structure to support a sign. 229. Sign, Pylon/Pedestal: A permanent, freestanding sign mounted on one (1) central shaft or post that is solidly affixed to the ground. 230. Sign, Real Estate: A sign offering property (land and/or buildings) for sale, lease or rent. 231. Sign, Roof: Any sign erected and construction wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. 232. Sign, Sandwich-Board: A sign composed of two boards and being either carried by a person, with one board in front and one behind, creating a "sandwich" effect; or set up in a triangle shape, hinged along the top. 233. Sign, Shopping Center or Industrial Park: A business sign designating a group of shops or offices. 234. Sign, Temporary: A sign designed or intended to be displayed for a short period of time and that is not permanently installed. 235. Sign, Wall: A Building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface, or erected an confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. 236. Small Brewery or Winery as an Accessory Use to a Bar or Restaurant (Brew Pub): A craft brewery or winery operated in conjunction with a bar or restaurant, provided the beer or wine is sold for consumption on the premises and not sold to other bars, restaurants, or wholesalers; except that an establishment licensed under Minnesota Statutes may sell “growlers” off-sale with an appropriate City license. 237. Solar Collector: A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical or electrical energy. 238. Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. 239. Solar Energy System (SES): A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for heating or cooling, electricity generation, or water heating. A Distribution Scale Solar Energy System (Distribution SES) operates to distribute energy to predominantly off-site users. A Local Service Solar Energy System (Local SES) operates to distribute energy predominantly to on-site uses. 240. Solar Energy System, Building-Integrated: A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-24 solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices. 241. Solar Energy System, Ground-Mounted: A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building. 242. Solar Energy System, Passive: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. 243. 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. 244. Spillage, Light: Any reflection, glare or other artificial light emission onto any adjoining property or right-of-way above a defined maximum illumination. 245. Sports and Fitness Clubs: a place which houses exercise or sports equipment and sponsors sports and physical exercise activities. 246. 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. 247. 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. 248. Temporary Dwelling, During Construction: A Temporary Dwelling Unit is a manufactured home that will be located temporarily on a parcel while a new home is being constructed; or while the existing home is being reconstructed or altered; or in the event of an emergency where the existing home is no longer habitable due to a natural disaster such as fire, flood, or other weather event. 249. Temporary Dwelling, Farm: A dwelling, manufactured home, or trailer certified for living which is an accessory dwelling unit occupied by those engaged in farming on the premises, and members of their family, and meeting other criteria specified in the UDC. 250. 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. 251. Theatre: A building for the presentation of films or the performing arts. Theatre facilities regulated under Ordinance 88, regulating Adult-Oriented Uses, are excluded from this definition. 252. 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. 253. Tower Accessory Structure: A structure located at the base of the tower housing base receiving/transmitting equipment. 254. Tower, Stealth: A communications tower that is disguised or camouflaged to blend into the surrounding landscape. Examples include towers that are designed to appear as trees, church towers, silos, historic windmills, flag poles or other structures that blend with the local landscape. 255. 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 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-25 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. 256. 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. 257. 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. 258. Transportation Terminal: Truck, taxi, air, bus, train and mass transit terminal and storage area, including motor freight (solid and liquid) terminal. 259. 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. 260. Tree and Woodland Preservation-Related Definitions: Caliper Inch: The diameter of a tree measured at 54 inches above ground level. Canopy: the upper layer of a woodland or forest formed by mature tree crowns. Coniferous Trees: A wood plant which, at maturity, is at least 12 feet or more in height, is cone-bearing and has thin needlelike leaves. Construction Zone: Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, change in groundwater or 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 activity. Examples include road rights-of-way, house and driveway construction areas and drainfields, ponding areas, etc. Critical Root Zone (CRZ): An imaginary circle surrounding the tree trunk radius distance of 1 foot per 1 inch of tree diameter, (i.e., a 20 inch diameter tree has a CRZ with a radius of 20 feet). 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. Groundcover: the layer of plants that cover the ground surface and provide protection from erosion and drought. Invasive Tree Species: a tree species that is non-native to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species are identified by the Minnesota Department of Natural Resources and include, but 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). 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. Ornamental Trees: Trees that are grown primarily for their display of flowers or other attractive features such as fruit, scent or shape. Overstory (Canopy) Trees: The tallest trees in the woodland or forest formed by the upper layer of mature tree crowns. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-26 Primary Deciduous Tree: Native deciduous trees. Secondary Deciduous Tree: Native deciduous trees that are Quaking Aspen (Populus tremuloides), Box Elder (Acer negundo), and Eastern Cottonwood (Populus deltoides). Significant Tree: A healthy tree measuring a minimum of 6 caliper inches in diameter or greater (as measured 54 inches above the ground) for all primary deciduous trees, a minimum of 20 caliper inches in diameter or greater for all secondary deciduous trees, or a minimum of 12 feet in height for all native coniferous trees. Significant Woodland: a treed area of at least 15,000 square feet or more which includes significant trees. Understory: layer of the woodland or forest that grows at a height level below the canopy. It includes a mixture of seedlings and saplings of canopy trees, shrubs, grasses and herbaceous plants. Woodland: a treed area of at least 15,000 square feet. 261. 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. 262. Unified Development Code (UDC): The official controls adopted by the City of Scandia regulating the physical development of land. 263. Use: The function for which property can be used. 264. Use, Accessory: A use subordinate to and serving the principal use or structure on the same lot and customarily incidental to such principal use. 265. Use, Open Space: The use of land without a structure or including a structure incidental to the open space use. 266. 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 practical difficulty in complying with the standard. See Chapter One, Section 6. 267. Vegetation, Natural: Plant life which is native to the location and which would normally grow if the ground were left undisturbed. 268. Veterinary: Those uses concerned with the diagnosis, treatment and medical care of animals, including animal or pet hospitals. 269. Warehousing: The storage, packing and crating of materials or equipment within an enclosed building or structure. 270. 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 flammable or explosive or that create hazardous or commonly recognized offensive conditions. 271. 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. 272. Watershed District or Water Management Organization: An entity established under Minnesota Statutes, 03D within a specific drainage area and having the purposes described in Minnesota Statutes 103D.201. 273. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) DRAFT SECTION 153.600 MASTER GLOSSARY Adopted XX.XX.2022 (Version Updated 04.15.2022) 153.600 page-27 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 life in a saturated soil condition; and c. under normal circumstances support a prevalence of such vegetation. 274. Wholesaling: The selling of goods, equipment and materials by bulk to another person who in turn sells the same to customers. 275. Winery or Cidery, Craft: A facility that manufactures wine or cider, as defined by Minnesota Statutes § 297G.01, with a capacity of seventy-five thousand (75,000) or fewer gallons per year. 276. 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. F00.5 1Miles Mining Overlay Shoreland Overlay Saint Croix River District Zoning Agricultural Preserves (A-P) Agricultral Core (AG-C) Rural Residential General (RR-G) Rural Residential Neighborhood (RR-N) Village Neighborhood (V-N) Village Center (V-C) Village Historic Core (V-HC) Rural Commercial (R-C) Industrial Park (I-P) Functional Class Roads Arterial Collector Zoning Map DRAFT 05.19.2022 9797 9797 9595 9595 3 91 15 15 50 3 52 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-1 Existing Development Code Section Unified Development Code Sections Chapter One: Administration 153.500 Administration and Procedures Section 1 Title and Application 153.100 General Provisions 1.1 Title 153.100.010 Title 1.2 Purpose and Intent 153.100.020 Purpose and Intent 1.3 Relationship to Comprehensive Plan 153.100.050 Relationship to Comprehensive Plan 1.4 Conformity with this Chapter Synthesized, included in multiple sections 1.5 Application 153.100.030 Applicability 1.6 Authority 153.100.040 Authority 1.7 Separability 153.100.090 Severability Section 2 Enforcement and Penalties 153.500.120 Violations, Enforcement and Penalties 2.1 Enforcement 153.500.120 Subd. 1 Enforcement 2.2 Penalties 153.500.120 Subd. 2 Enforcement Section 3 Zoning Administrator 153.500.030 Zoning Administrator Duties 3.1 Designation of Zoning Administrator 153.500.030 Subd. 1. Designation of Zoning Administrator 3.2 Duties of Zoning Administrator 153.500.030 Subd. 2. Duties of Zoning Administrator Section 4 Rules and Definitions 153.600 4.1 Rules of Word Construction 153.600.101 Rules of Interpretation and Word Construction 4.2 Definitions 153.600.030 Definitions Section 5 Amendments to the Development Code and Comprehensive Plan 153.500 5.1 Procedures 153.500.010 Subd. 1. Summary of Procedures 153.500.050 Common Procedures for Land Use Applications 153.500.060 Subd. 1. General Requirements 5.2 Amendments – Initiation 153.500.060 Subd. 1. General Requirements 5.3 Certification of Taxes Paid 153.500.050 Subd. 3. Review Procedure of Complete Land Use Applications 5.4 Amendments to the Comprehensive Plan 153.500.060 Subd. 1. General Requirements Section 6 Variances 153.500 6.1 Purpose 153.500.060 Subd. 1. General Requirements 6.2 Board of Zoning Adjustments and Appeals 153.500.020 Subd. 2. Board of Zoning Adjustments and Appeals 6.3 Use Variances Prohibited 153.500.060 Supplemental Review Procedures for Land Use Applications 6.4 Review Criteria 153.500.060 Subd. 1. General Requirements 6.5 Procedures 153.500.010 Subd. 1. Summary of Procedures City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-2 153.500.050 Common Procedures for Land Use Applications 6.6 Appeal of Board Ruling 153.500.060 Subd. 1. General Requirements 6.7 Expiration 153.500.060 Subd. 1 Supplemental Review Procedures for Land Use Applications 6.8 Certification of Taxes Paid 153.500.050 Subd. 3. Review Procedure of Complete Land Use Applications Section 7 Appeals of Rulings of Zoning Administrator or Board of Adjustment and Appeals 153.500 7.1 Board Designation 153.500.020 Subd. 2. Board of Zoning Adjustments and Appeals 7.2 Applicability 153.500.060 Subd. 1. General Requirements 7.3 Filing 153.500.060 Subd. 1. General Requirements 7.4 Stay of Proceedings 153.500.060 Subd. 1. General Requirements 7.5 Procedure 153.500.060 Subd. 1. General Requirements 7.6 Appeals from the Board of Adjustment and Appeals 153.500.020 Subd. 2. Board of Zoning Adjustments and Appeals Section 8 Conditional Use Permits 153.500 8.1 Purpose 153.500.060 Subd. 1. General Requirements 8.2 Procedures 153.500.010 Subd. 1. Summary of Procedures 153.500.050 Common Procedures for Land Use Applications 8.3 Information Requirement 153.500.060 Subd. 1. Submission Requirements for Land Use Applications 8.4 General Criteria 153.500.060 Subd. 1. General Requirements 8.5 Performance Standards Synthesized, included in general requirements 8.6 Revocation 153.500.060 Subd. 1. General Requirements 8.7 Amendment 153.500.060 Subd. 1. General Requirements 8.8 Expiration 153.500.060 Subd. 1. General Requirements 8.9 Financial Guarantee 153.500.060 Subd. 1. General Requirements 8.10 Certification of Taxes Paid 153.500.050 Subd. 3. Review Procedure of Complete Land Use Applications Section 9 Interim Uses 153.500 9.1 Purpose 153.500.060 Subd. 1 General Requirements 9.2 Procedures 153.500.010 Subd. 1. Summary of Procedures 153.500.050 Common Procedures for Land Use Applications 9.3 General Standards 153.500.060 Subd. 1. General Requirements 9.4 Termination 153.500.060 Subd. 1. General Requirements 9.5 Certification of Taxes Paid 153.500.050 Subd. 3. Review Procedure of Complete Land Use Applications Section 10 Administrative Permits and Approvals 153.500 10.1 Purpose 153.500.060 Subd. 1 General Requirements 10.2 Procedure 153.500.010 Subd. 1. Summary of Procedures Table City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-3 153.500.060 Subd.1. General Requirements 10.3 Information Requirement 153.500.060 Subd. 3. Submission Requirements for Administrative Permit 10.4 Performance Standards Synthesized/Reworked 10.5 Administration and Enforcement 153.500.060 Subd.1. General Requirements 10.6 Certification of Taxes Paid 153.500.050 Subd. 3. Review Procedure of Complete Land Use Applications 10.7 Expiration 153.500.060 Subd.1. General Requirements 10.8 Non-Permit Approvals Reworked/Removed Section 11 Site Plan Review 153.500 11.1 Purpose Reworked 11.2 Exceptions to Review 153.500.060 Subd. 2. Submission Requirements for Site Plan Review 11.3 Pre-Applications Sketch Plan Review 153.500.060 Subd. 1. Submission Requirements for Land Use Applications 11.4 Minor Projects 153.500.060 Subd. 2. Submission Requirements for Site Plan Review 11.5 Major Projects 153.500.060 Subd. 2. Submission Requirements for Site Plan Review 11.6 Evaluation Criteria Reworked/synthesized 11.7 Information Requirement 153.500.060 Subd. 2. Submission Requirements for Site Plan Review 11.8 Plan Modifications 153.500.060 Subd. 1. General Requirements 11.9 Lapse of Approval 153.500.060 Subd. 1. General Requirements 11.10 Site Improvement Performance Agreements and Financial Guarantees 153.500.060 Subd. 1. General Requirements 11.11 Building Code 153.500.060 Subd. 1. General Requirements Section 12 Environmental Review 153.500.100 Environmental Review 12.1 Purpose Reworked/incorporated into section 12.2 General Provisions 153.500.100 Subd. 1. General Provisions 12.3 Environmental Assessment Worksheets (EAWs) 153.500.100 Subd. 2. Environmental Reviews (EAWs and EISs) 12.4 Environmental Impact Statements (EISs) 153.500.100 Subd. 2. Environmental Reviews (EAWs and EISs) Section 13 Nonconformities 153.500.110 Nonconformities 13.1 Purpose 153.500.110 Subd. 1. Purpose 13.2 General Provisions 153.500.110 Subd. 2. General Provisions 13.3 Nonconforming Buildings and Structures 153.500.110 Subd. 3. Nonconforming Buildings and Structures 13.4 Nonconforming Uses 153.500.110 Subd. 4. Nonconforming Uses 13.5 Nonconforming Lots 153.500.110 Subd. 5. Nonconforming Lots City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-4 13.6 Overlay Districts 153.500.110 Subd. 5. Nonconforming Lots Section 14 Official Maps To discuss for removal/relocation 14.1 Purpose 14.2 Official Map Defined 14.3 Initiation of Proceedings 14.4 Referral to Planning Commission 14.5 Notice and Hearing 14.6 Preparation and Filing of Maps 14.7 Effect 14.8 Appeals Section 15 Administrative Exceptions To discuss for removal/relocation 15.1 Purpose 15.2 General Criteria 15.3 Allowed Exceptions 15.4 Administrative Exceptions Procedures Chapter 2: Zoning Regulations Section 1 Title, Zoning Map, Uses not provided for within Districts 153.200 1.1 Title 153.100.010 Title 1.2 Zoning Map 153.200.020 Subd. 1. Zoning Map 1.3 Uses not provided for within Zoning Districts 153.300 Subd. 2. Uses not provided for within Zoning Districts Section 2 Districts 153.200 Zoning Districts 2.1 Establishment of Districts 153.200.010 Subd. 1. Table of Established Base, Overlay and Special Zoning Districts 2.2 Establishment of Overlay Districts 153.200.010 Subd. 1. Table of Established Base, Overlay and Special Zoning Districts 153.200.040 Subd. 1. Applicability of Overlay Districts 2.3 Lower St. Croix River Corridor Overlay District 153.200.040 Subd. 1. Applicability of Overlay Districts 2.4 Agricultural District – Core (AG C) 153.200.030 Subd. 1. Assigned Base Zoning Districts 153.200.030 Subd. 2. Agricultural Zoning Districts 2.5 Agricultural Preserves (AP) 2.6 General Rural District (GR) 153.200.030 Subd. 1. Assigned Base Zoning Districts 153.200.030 Subd. 3 Rural Residential Districts 2.7 Village Neighborhood District (VN) 153.200.030 Subd. 1. Assigned Base Zoning Districts 153.200.030 Subd. 4. Village Districts 2.8 Village Mixed Use A District (VMU A) 2.9 Village Mixed Use B District (VMU B) 2.10 Industrial Park District (IP) 153.200.030 Subd. 1. Assigned Base Zoning Districts 153.200.030 Subd. 5. Business Districts 2.11 Rural Commercial District (R COMM) 2.12 Aggregate Mining Overlay District 153.200.040 Subd. 1. Applicability of Overlay Districts Section 3 Development Standards City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-5 3.1 General Standards 153.400.030 Subd. 2. General Standards 3.2 Accessory Structures 153.200.030 Subd. 6. Accessory Building Dimensional Standards for all Base Zoning Districts 3.3 Environmental Regulations 153.300 Allowed Uses 3.4 Exterior Storage and Off-Street Parking for Residential and Agricultural Uses 153.400.090 Subd. 2. Exterior Storage and Off-Street Parking for Residential and Agricultural Uses 3.5 Fences 153.400.060 Subd. 4. Fences 3.6 Land Alteration and Grading 153.400.050 Subd. 2. Land Alteration and Grading 3.7 Stormwater Management 153.400.050 Subd. 3. Stormwater Management 3.8 Land Clearing 153.400.060 Subd. 6. Land Clearing 3.9 Lighting 153.400.030 Subd. 4. Lighting 3.10 Parking 153.400.080 Subd. 2 Parking 3.11 Woodland and Tree Preservation 153.400.070 Subd. 2. Woodland and Tree Preservation 3.12 Screening and Landscaping 153.400.060 Subd. 2. Landscaping 3.13 Signs 153.400.100 Signs 3.14 Building Type and Materials 153.400.030 Subd. 3. Building Type and Materials Section 4 Standards for Uses 4.1 Application 153.300.030 Subd. 1 Summary 153.300.030 (A) through (KK) 4.2 Accessory Dwelling Units 4.3 Agricultural Business – Seasonal 4.4 Bed and Breakfast 4.5 Cemeteries 4.6 Essential Services – Utility Substation 4.7 Golf Courses 4.8 Golf Driving Range 4.9 Home Occupations 4.10 Horse Training Facilities 4.11 Keeping of Animals 4.12 Kennels – Commercial 4.13 Kennels – Private 4.14 Light Manufacturing 4.15 Livestock and Livestock Operations 4.16 Domestic Fowl on Lots Smaller than Five Acres 4.17 Motor Vehicle, Recreational Vehicle or Boat Sales 4.18 Motor Vehicle Repair 4.19 Motor Vehicle Service Station 4.20 Multifamily Residential Development 4.21 Residential Facilities, State Licensed 4.22 Resorts/Conference Facilities City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-6 4.23 Self Service Storage Facility 4.24 Shopping Centers 4.25 Swimming Pools 4.26 Temporary Dwelling Unit – Care Facility 4.27 Temporary Dwelling Unit during Construction 4.28 Temporary Farm Dwelling 4.29 Warehousing and Distribution 4.30 Wind Energy Conversion Systems 4.31 Wireless Communication Antennas and Towers 4.32 Yard Waste Facilities 4.33 Rural Event Facility 4.34 (A) Local Service Solar Energy System 4.34 (B) Distribution Scale Solar Energy 4.35 Agritourism Uses Section 5 Land Development 153.400.020 Subdivision Standards 5.1 Land Development Design 5.2 Determination of Density Uses 5.3 Development Agreement 5.4 Conveyance of Land Section 6 Open Space Conservation Subdivisions 153.200.030 Subd. 4 Purpose of Open Space Conservation Planned Unit Development (OS-PUD) 6.1 Purpose and Goals 6.2 Applicability 6.3 Application Procedure 6.4 Minimum Development Size 6.5 Land Uses 6.6 Minimum Open Space Requirements 6.7 Density Standards 6.8 Residential Lot Requirements 6.9 Ownership and Management of Open Space 6.10 Homeowners’ Associations Section 7 Planned Unit Development 153.200.030 Special Districts 7.1 Purpose 153.200.030 Subd. 2 Purpose of Planned Unit Development (PUD) District 153.200.030 Subd. 3. Eligible Land for Rezoning to Planned Unit Development 7.2 Administration 7.3 Districts, Uses and Density 7.4 Standards 7.5 Required Findings for Approval 7.6 Changes to approved Development Plans 7.7 Performance and Financial Guarantee Reworked/Synthesized City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-7 Chapter Three: Subdivision Regulations Complete rework Section 1 Title and Application 1.1 Title 1.2 Purpose and Intent 153.400.020 Subd. 1 Summary and Intent 1.3 Relationship to Comprehensive Plan Consolidated through UDC Sections 153.400, 153.500,153.600 1.4 Conformity with this Chapter 1.5 Application 1.6 Authority 1.7 Separability Section 2 Enforcement and Penalties 2.1 Enforcement 2.2 Penalties Section 3 Administration 3.1 Designation of Zoning Administrator 3.2 Duties of Zoning Administrator 3.3 Coordination with Other Chapters of the Development Code 3.4 Coordination with Requirements for Environmental Review Section 4 Rules and Definitions 4.1 Rules of Word Construction 4.2 Definitions Section 5 Premature Subdivision 5.1 Premature Subdivision Prohibited 153.500.080 Subd. 1. Premature Subdivision 5.2 Premature Subdivision Defined 153.500.080 Subd. 1. Premature Subdivision Section 6 Minor Subdivisions 6.1 Purpose and Intent 153.500.070 Subd. 3. Minor Subdivision 6.2 Criteria for Minor Subdivision 153.500.070 Subd. 3. Minor Subdivision 6.3 Procedures 153.500.070 Subd. 3. Minor Subdivision 6.4 Information Requirements 153.500.090 Subd. 2 Preliminary Plat 6.5 Expiration and Recording of Documents 153.500.070 Subd. 3. Minor Subdivision 6.6 Financial Guarantees 153.500.070 6.7 Certification of Taxes Paid 153.500.070 Section 7 Lot Consolidation/Lot Line Adjustments 7.1 Purpose and Intent 153.500.080 Subd. 2. Lot Consolidation/Lot Line Adjustments 7.2 Criteria for Lot Consolidation/Lot Line Adjustments 153.500.080 Subd. 2. Lot Consolidation/Lot Line Adjustments City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-8 7.3 Procedures 153.500.080 Subd. 2. Lot Consolidation/Lot Line Adjustments 7.4 Information Requirements 153.500.080 7.5 Expiration and Recording of Documents 153.500.080 7.6 Certification of Taxes Paid 153.500.080 Section 8 Major Subdivision – Concept Review 153.500.080 8.1 Purpose and Intent 153.500.080 Subd. 4. Major Subdivision 8.2 Procedures for Concept Review 153.500.080 Subd. 4. Major Subdivision 8.3 Information Requirement 153.500.090 Subd. 1. Concept Review Section 9 Major Subdivision – Preliminary Plat 153.500.080 9.1 Filing and Review of Preliminary Plat Application 153.500.080 Subd. 4. Major Subdivision 9.2 Planning Commission Consideration 153.500.080 Subd. 4. Major Subdivision 9.3 City Council Consideration 153.500.080 Subd. 4. Major Subdivision 9.4 Effect of Approval 153.500.080 Subd. 4. Major Subdivision 9.5 Effect of Denial 153.500.080 Subd. 4. Major Subdivision 9.6 Expiration of Preliminary Plat Approval 153.500.080 Subd. 4. Major Subdivision 9.7 Application Requirements 153.500.090 Subd. 2. Preliminary Plat Section 10 Major Subdivision – Final Plat 153.500.080 10.1 Filing and Review of Final Plat 153.500.080. Subd. 4. Major Subdivision 10.2 Recording of Final Plat 153.500.080 Subd. 4. Major Subdivision 10.3 Effect of Approval 153.500.080 Subd. 4. Major Subdivision 10.4 Expiration of Final Plat Approval 153.500.080 Subd. 4. Major Subdivision 10.5 Application Requirements 153.500.090 Subd. 3. Final Plat Section 11 Development Agreement 11.1 Purpose and Intent 153.500.090 Subd. 4. Development Agreement 11.2 Required Basic Improvements 11.3 Other Improvements Required 11.4 Completion of Basic Improvements 11.5 Financial Grantees 11.6 Construction Plans 11.7 Cost of Improvements 11.8 Development Contract 11.9 Release and Expiration of Financial Guarantees 11.10 Warranty 11.11 Miscellaneous Requirements Section 12 Park Dedication Requirements 12.1 Purpose and Findings 153.500.090 Subd. 5. Park Dedication 12.2 Dedication Required City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) CODE REFERENCE KEY (Version Updated 03.12.2022) 153.000-9 12.3 Suitability of Land to be Dedicated 12.4 Standards for Location 12.5 Procedures 12.6 Private Open Space Section 13 Minimum Design Standards 13.1 General Standards 153.400.020 Subd. 3. Minimum Design Standards 13.2 Lot Requirements 13.3 Lots on Waterbodies and Watercourses 13.4 Monuments 13.5 Streets, General Requirements 13.6 Streets, Cul-de-Sacs 13.7 Streets, Access Spacing Guidelines 13.8 Street Design 13.9 Street Alignment and Grades 13.10 Street Names and Signs 13.11 Turn Lanes and Traffic Lights 13.12 Street Lights 13.13 Trails and Sidewalks 13.14 Utilities 13.15 Easements Section 14 Stormwater Management and Erosion Control 14.1 Storm Water Drainage 153.400.050 Subd. 3. Stormwater Management 14.2 Erosion Control During Construction