Loading...
153.100 TitleCity of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.100 GENERAL PROVISIONS Adopted 09.20.2022 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) SECTION 153.100 GENERAL PROVISIONS Adopted 09.20.2022 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 Effective upon publication date of October 12, 2022. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.100 GENERAL PROVISIONS Adopted 09.20.2022 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.