Loading...
5. Overview of Development Code Changes from 06212022City of Scandia - Unified Development Code Development and Zoning Code Update Unified Development Code (UDC) City Council June 21, 2022 City of Scandia - Unified Development Code planning commission recommendation PUBLIC HEARING & PLANNING COMMISSION »Public Hearings were held on May 23, 2022 and June 7, 2022 »Verbal and written testimony were provided »Planning Commission held discussion regarding testimony on June 7, 2022 »After discussion Planning Commission unanimously recommended approval of the UDC with the changes/modifications as identified and discussion. City of Scandia - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS »Zoning Map modifications (153.200.020) »Permitted Encroachments (153.200.030 Subd. 1) »Zoning District modification to RR-N (153.200.030 Subd. 3) »Accessory Structure Dimensional Standards (153.200.030 Subd.6) »Accessory Dwelling Units (153.300.030 Subd. 1 (A)) »Home Occupations (153.300.030 Subd. 1 (J)) »Solar Array (153.300.030 Subd. 1 (AA)) City of Scandia - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS 153.200.020 »Zoning Map modifications Big MarineLake Bone Lake GooseLake WhiteRockLake LakeKeewahtin F00.5 1Miles Functional Class Roads Arterial Collector Zoning 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) Shoreland Overlay Saint Croix River District Industrial Park (I-P) Mining Overlay Agricultural Preserves (A-P) PUD Overlay 9797 9797 9595 9595 3 91 15 15 50 3 52 Areas of Change DRAFT 06.03.2022 City of Scandia - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS »Permitted Encroachments (153.200.030 Subd. 1) 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 - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/ MODIFICATIONS »Section 153.200.030 Subd. 3 »Zoning District modification to RR-N 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 - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS »Accessory Structure Dimensional Standards (153.200.030 Subd.6) 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 - Unified Development Code OVERVIEW OF CHANGES/MODIFICATIONS »Accessory Structure Standards (153.200.030 Subd. 6) 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 summary changes to public hearing draft City of Scandia - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS »Accessory Dwelling Units (153.300.030 Subd. 1 (A)) 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 - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS »Home Occupations (153.300.030 Subd. 1 (J)) 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 - Unified Development Code summary changes to public hearing draft OVERVIEW OF CHANGES/MODIFICATIONS »Solar Array (153.300.030 Subd. 1 (AA)) • “Listed” • Consideration of ground area, may come back in the future City of Scandia - Unified Development Code OVERVIEW OF CHANGES/MODIFICATIONS »City Attorney review • Consideration of process modification in Appeals section (153.500.020 Subd. 2 (A)) »Non-substantive grammatical changes for clarity »Modification to “Accessory Structure” throughout document »Figure numbering (thanks to Hellers for such thorough review) »QUESTIONS & DISCUSSION summary changes to public hearing draft