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153.300 Allowed Uses_amend Ord No 2023-03City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 SES-O Use Specific Regulations Section Reference Land Use Lower St. Croix River Corridor Overlay Shoreland Management Overlay Aggregate Mining Overlay Floodway Overlay Flood Fringe Overlay Solar Energy Systems Overlay Permitted Uses in Base Zoning District (Table 153.300.020-2), except as further regulated in this Table P 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 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-9 OVERLAY DISTRICT SCRD-O SM-O AM-O FW-O1 FF-O2 SES-O 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 153.300.030 Subd. 1 (BB) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 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). 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: I. Districts and Size Limits a. Within the SES-O Overlay District, Distribution SES are limited as a Conditional Use in the AG-C, R-C, and I-P zoning districts. b. Distribution SES are prohibited in the following areas: Within the Lower St. Croix River Overlay District, within the Shoreland Management Overlay District as it applies to Recreational Development Lakes, the Floodplain Overlay Districts, and the shoreland areas of Falls Creek. 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. All Base Zoning Districts not identified in Chapter 153.300.030 Subd. 1 (BB) I.a. Within any setbacks or buffer areas established within the Base Zoning District or applicable Overlay District. c. Distribution SES, within the Shoreland Management Overlay District, must also meet the following: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-28 The site is within the shoreland of a Natural Environment Lake and all parcels adjacent to the Natural Environment Lake are zoned AG-C. No intensive vegetation clearing shall be allowed. No placement of structures and facilities on slopes over 12%. Treatment of stormwater runoff should be consistent with MPCA storm water manual guidance for solar projects. Native vegetation must be planted on the site wherever practical to provide habitat. Best management practices for managing erosion control are utilized. Facility location and design must demonstrate that the facility will minimize impact on habitat and wildlife movement. Compliance with these standards must be shown on submitted plans. d. 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]. II. Permit Application a. 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 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. b. 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. c. 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 permanent 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. d. Use of Public Roads. The applicant must obtain all necessary approvals from the appropriate road authority for site access and driveways. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-29 e. 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. f. Within the setback or any adjoining parcels owned by the landowner, utility poles shall be limited to one interconnection pole, for the solar array system. Additional poles required must meet all required setbacks. The proposed placement of all utility poles, ground equipment, and any proposed aerially mounted equipment must be shown in any proposed plans submitted. III. Development Agreement, Financial Guarantees, and Insurance. a. Conditional Use Permit. In addition to any other lawful conditions, the City also reserves option in imposing a development agreement in regards to the Distribution SES operation including repair, maintenance, and replacement and addressing all requirements set forth in Chapter 153.300.030 Subd. 1 (BB) Solar Energy System – Distribution Scale (Distribution SES). If the City elects to impose a development agreement, the development agreement must be executed before a building permit can be issued and must be recorded against the property. b. Vegetative Escrow. The City will require the establishment of an escrow account, from a creditable banking institution chartered to operate in the State of Minnesota, 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. c. 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. The guarantee shall be from a creditable banking institution chartered to operate in the State of Minnesota. d. 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. e. 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 $2 million in the aggregate or the maximum liability thresholds set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, and provide proof that it meets the insurance requirement to the City. IV. Performance Standards a. The limitations on the number or cumulative generating capacity of Distribution SES is regulated by Minnesota Statutes 216B.164 and related regulations. b. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-30 c. 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. d. Setbacks. 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: 75 feet from all parcel boundaries 350 feet from existing residential structures on adjacent parcels existing at the time of the permit application 800 feet from the centerline of minor arterial roadways or 500 feet from the centerline of all other public road rights-of-way. The structure setback requirements from the Ordinary High Water Level (OHWL) for that District if located in the Shoreland Overlay District. e. 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. f. All components of the Distribution SES must be screened by: Setbacks Berming Scenic canvas Existing vegetation Terrain Landscaping A combination thereof. g. The solar array must be screened from view from: Adjacent road right-of-way. Dwellings within five hundred feet (500’) of any component of the solar array. Public waterbodies, as viewed from six (6) feet above the ordinary high water level. The City may require greater screening as needed based on development patterns within the City and the adopted Comprehensive Plan. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-31 h. The visual screen must fully obscure (100%) view of the solar panels during leaf-on and leaf-off conditions. i. The screening shall fully obscure 100% view of the solar panels from any adjacent road right-of-way immediately upon screen completion in accordance with this section, and shall be completed prior to the remainder of solar facilities and panel installation. Effectiveness of screen shall be reviewed and approved by city staff prior to continuation of project installation. j. Permanent vegetative screening shall be designed to have a horizontal depth of at least twenty (20) feet. k. At least seventy(70) percent of the area of the vegetative buffer, as measured in square feet, must be composed of coniferous plantings interspersed throughout the screening. The rest of the vegetative buffer must be composed of densely branched trees and shrubs, as approved by the Zoning Administrator. A landscaping plan must be provided that shows screening elements, including the species of any vegetation used for screening. l. The required screening must be achieved within four six (46) growing seasons from the date of project approval. If the screening is not established within 6 growing seasons, it must be implemented through the planting of mature vegetation to fully obscure (100%) view of the solar panels as described in Chapter 153.300.030 Subd. 1 (BB) III.i. Table 153.300.030-4. Distribution SES Screening Summary Screened From Percent Obscured Completed By Adjacent Road Right-of- Way 100 Immediately upon screen completion, prior to the remainder of solar facilities and panel installation Dwellings within five hundred feet (500’) of any component of the solar array. 100 Within 6 growing seasons Public waterbodies, as viewed from six (6) feet above the ordinary high water level. 100 Within 6 growing seasons m. 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 (8) 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. n. Scenic canvases. Temporary screening through the use of scenic canvases is only permissible if it has been approved as part of the project application or it is required as a permit condition. Scenic canvases may only be used to temporarily screen Distribution SES installations for a maximum of six (6) years. Applicants shall supply a visual representation of the appearance of the canvas for review by the City. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-32 If a canvas was not included as part of an original application but has been required as part of a conditional approval, then the applicant shall provide the City with a site plan and a visual sample of the canvas design based on the requirements of this section for the City's final approval. Scenic canvas shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the entire outward facing portion of the canvas to match the existing surroundings and vegetative screening of the Distribution SES. Canvases must be designed to accommodate wildlife movement. Prohibitions. The following is prohibited from scenic canvases: 1. Canvases that include visible messages or depict images other than what is required are not eligible for use as scenic canvas. 2. Scenic canvases may not be used as a substitute for the implementation of vegetative screening or as a substitute for achieving the final required level of screening coverage within prescribed timeframes. Scenic canvasing must be removed once vegetative screening is established. Damage and replacement of canvases. If any canvas becomes damaged or fades to point it no longer camouflages prior to the completion of the compliance period to establish vegetative cover, said canvas must be replaced with sixty (60) days of notice to the landowner and owner of the Distribution SES. Should the owner fail to comply with this requirement, the City may replace said canvas at the owner's full expense as prescribed under the developer's agreement. o. 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. p. 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 one (1) growing seasons from the date of building permit approval. If approved, the City may allow agricultural pasture plantings under the array. If the agricultural pasture ceases, the ground area shall be planted as required with native grass and pollinator seed mix. q. All plans submitted for Building Permit approval must be prepared by a licensed, professional engineer. r. 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. s. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-33 t. 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. u. If lighting is provided at the project, lighting must be shielded and downcast such that the light does not spill onto adjacent properties. v. 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-34 (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. 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: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-35 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: 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-36 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. 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: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-37 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-38 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-39 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-40 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-41 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.. 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: City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-42 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. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-43 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 153.300.030-5. 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]. 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. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-44 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.