5.c 3 Agritourism Updated memo and draft ordinance
Memorandum
To: Scandia Planning
Commission
Reference: Agritourism Ordinance Draft--
Revised for Discussion
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16023.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: June 6, 2016
Over the weekend I was thinking about the Agritourism Ordinance, the last Planning
Commission discussion, potential applicants for this use, and our upcoming discussion on June
7.
As I thought about the draft ordinance, it seemed to me that the Agritourism Use overlapped the
Rural Event Facility use in the sections that regulated events. I also thought that given the
purpose of the use, the requirements were unnecessarily complex and would be difficult to
administer. I also considered the last PC discussion that emphasized the educational nature of
this use, and minimized the events component.
I have attached a new draft for discussion on Tuesday based on the direction of the PC’s
discussion in March, with the following major changes:
The revised definition emphasizes the educational and recreational aspects of the use,
and the necessary ties to agriculture.
Uses that are focused on “events” would be covered in the Rural Event Facility use.
The Agritourism Use would be allowed in 4 districts, without a zoning permit, as long as
it met the use definition, did not use amplified sound, and did not hold more than a few
(5 is suggested) “Special Events” each year.
If the Agritourism Use wanted to hold occasional “special events” or events that use
amplified sound, the ordinance requires that it obtain a Special Event Permit.
Agritourism Uses that regularly use amplified sound, or that hold a significant number of
Special Events (6 or more Special Events in a year is suggested in the draft) would be
classified as Rural Event Facilities, and would need to meet the ordinance requirements
of that use.
Sorry this is late—thoughts came on a long bike ride on Sunday.
CITY OF SCANDIA
ORDINANCE NO.: 166
AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA
DEVELOPMENT CODE, CHAPTER 1, SECTION 4 RULES AND DEFINTIONS
AND CHAPTER 2, ADDING SECTION 4.35 REGARDING STANDARDS FOR
AGRITOURISM USES
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
(“Development Code”, or “Code”), Chapter 1, Section 4 Rules and Definitions and
Chapter Two, Section 4, adding Agritourism Use, shall be amended to read as follows:
CHAPTER ONE, SECTION 4.0 RULES AND DEFINITIONS
4.2 Definitions.
(10) 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.
(256) Rural Event Facility: A facility that operates on a for-profit or nonprofit
basis to host outdoor or indoor gatherings that do not exceed twelve (12)
hours in duration. The gatherings may include, but are not limited to,
events such as weddings or other ceremonies, dances, festivals, picnics or
any other gathering of a similar nature that the City determines to be
consistent with and supportive of the rural and historic character of the
community. Gatherings may not include activities that include the
discharge of firearms, competitions among motorized vehicles, or other
events that the City determines to be incompatible with the community’s
character or intent of this chapter.
CHAPTER TWO, SECTION 4 -- STANDARDS FOR USES
4.35 Agritourism Use. Agritourism Uses shall comply with all of the following
standards:
(1) Agritourism Uses shall support the rural and historic character of the City,
shall be designed and operated in a manner that is compatible with Scandia’s
rural and small-town character, and shall not negatively impact the community
or neighboring properties.
(2) Districts and Uses.
(A) Agritourism Uses are permitted in the Agricultural Core (AG C),
General Rural (GR), Rural Commercial (R COMM), and Village
Neighborhood (VN) Districts, and shall be accessory uses to the
primary use of the property for Agriculture.
(3) Permit requirements.
(A) Private, “by-invitation-only” events such as weddings, memorial
services, family reunions, birthday parties, or similar private events are
not considered as events that are part of the Agritourism Use, and are
not counted in determining whether a zoning permit is required for that
use.
(B) Agritourism Uses shall obtain a Special Event Permit for all events that
utilized amplified sound or any event that meets the City’s definition of
“Special Event.”
(C) An Agritourism Use that obtains six (6) or more Special Event permits
in a calendar year shall be classified as Rural Event Facility and shall
meet the ordinance requirements for that use.
(4) Agritourism Uses shall comply with all of the following standards:
(A) Agritourism Uses shall require the following minimum site area:
The minimum parcel size for an Agritourism Use is 5 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. Any on-site sewage
treatment facilities needed shall be installed under a permit issued by
Washington County. The facility shall also provide supplemental
portable septic and water facilities for events as required by the City.
(C) The Agritourism Use shall have direct access from a public roadway.
(D) The Agritourism Use shall provide on-site parking, sufficient to handle
all guest, staff, vendor, and owner vehicles. No parking for the facility
shall be permitted on public streets.
(E) A Special Use Permit is required for any activity or event that includes
amplification of sound.
(J) The signs for the Agritourism Use shall conform to the Development
Code requirements for the district where it is located. The Agritourism
Enterprise must comply with all rules and regulations of Federal, State,
County and Local agencies.
Section 2. Effective Date. This ordinance shall be in full force and effect upon its
adoption and summary publication as required by law.
Passed and adopted by the City Council of the City of Scandia this ___ day of ____,
2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk