Loading...
6. a 3) Exterior Storage 2,) : nnesota. To: Mayor and Council Planning Commission From: Anne Hurlburt,City Administrator Date: June 30,2010 for Discussion at July 6,2010 Meeting Re: Exterior Storage Regulations The current regulations governing exterior storage are sometimes difficult to interpret. Staff will be recommending some changes to that section of Chapter 2, Section 3 of the Development Code,and to the related definitions found in Chapter 1,to make them easier to understand. Some discussion about the current code would be beneficial so that a draft can be provided that is consistent with the values and standards of the community and the intent of the Council and Planning Commission. To summarize,the current language(see excerpt, Section 9.4, Exterior Storage, attached) states that: • all personal property must be stored within a building or be fully screened,with a few exceptions; • limits parking in certain districts and parcel sizes(less than 10 acres in all districts)to no more than four(4)passenger automobiles and pick-up trucks; • exterior storage is accessory to a dwelling, and not allowed on a lot without a permanent dwelling; • no more than two items of"recreation equipment"may be stored on any lot; • campers can be occupied for up to 30 days while visiting a residence; and • exterior storage in non-residential districts requires a Conditional Use Permit. The section on parking(9.10) also includes some language regarding parking commercial vehicles on residential or agricultural properties(see excerpt attached.) In summary: • commercial vehicles over 1 ton capacity shall not be parked on residential or agricultural properties(except trucks/tractors directly associated with the agricultural use)except when loading or unloading, except one such vehicle parked on"semi-rural or agricultural properties by the property owner while in regular use." 1 • Except as allowed by the above provision,off-street parking accessory to residential uses may be used solely for parking passenger automobiles and one truck not to exceed 12,000 pounds for each dwelling unit. Some of the issues that come up with the current language include: • How do the regulations apply to certain types of personal property(such as children's toys, sports equipment and outdoor furniture) that aren't mentioned in the code? • Because lawn chairs and barbeque grills (and similar items) are included in the definition of recreation equipment, and do not appear to be included in the exceptions for personal property that can he kept outside, does the ordinance technically prohibit them from outdoor storage? Is that reasonable? • Is it practical to limit residences to four vehicles? • What kind of commercial vehicles and equipment can be stored outside, on what lot sizes and zoning districts? The code language on exterior storage appears to prohibit them,but then makes exceptions in the parking section which can be read to be contradictory. Some of the confusion might be alleviated by adopting new definitions for recreational equipment and recreational vehicles that do not lump sand boxes and swing sets with boats and trailers, and do not leave out some common types of recreational vehicles and equipment (such as snowmobiles.) The regulations could then be more specific about what is allowed and what is not allowed. The current definitions, along with possible new definitions,are shown on the next page. An emerging issue for exterior storage is the use of shipping containers for storage of personal property, on a short-teen as well as a long-term basis. This includes the commercially-available "pods"typically used temporarily at a home or business and then moved to a commercial storage facility. It also includes the larger inter-modal containers hauled by truck or train,which are not considered accessory structures but might be used that way by property owners. Some time limits and/or a restriction on the number of these containers may be appropriate. The city's "rural character"probably indicates that there could be a more relaxed approach to exterior storage than what might be found in an urban area. It might also be reasonable to have different standards for different parts of the community; for example, the VMU or Village Neighborhood districts might have different standards than the AG or GR districts proposed in the draft code. 2 Exterior Storage Recreation Equipment/Recreation Vehicle Current Definitions: Recreation Equipment: Play apparatus such as swing sets and slides,sandboxes,poles for nets,unoccupied boats and trailers not exceeding twenty-five(25)feet in length,picnic tables, lawn chairs,barbecue stands and similar equipment or structures, swimming pools,play houses exceeding twenty-five(25)square feet in floor area,or sheds utilized for storage of equipment. Recreation Vehicle: Recreational Vehicle.A vehicle that is built on a single chassis,is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck,and is designed primarily not for use as a pe,ruanent dwelling but as temporary living quarters for recreational,camping,travel,or seasonal use. For the purposes of this Chapter,the ter i n recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. Proposed Definitions: Play and Recreational Facilities: Accessory structures and/or uses that are customary and incidental to the principal use of the site, including swing sets, play structures, sand boxes, skate board ramps, tennis courts, sport courts, swimming pools and their related aprons, and the like, intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Recreational Equipment: Personal property (non-vehicular) used primarily for recreation and leisure time activities and purposes, including sports equipment, picnic tables, barbecue grills, bird feeders, patio furniture, and the like. Recreational Vehicle: A vehicle,machine,or device used primarily for recreation and leisure time activities and purposes, including recreational camping vehicles,classic cars,cars used for racing,motor boats,sailboats, row boats,canoes, snowmobiles,all-terrain vehicles,and the like,together with any trailer appurtenant thereto. Recreational Vehicle,Camping:Any vehicle or structure which meets the following qualifications: • Any vehicular,portable structure mounted on wheels to be towed by a self-propelled vehicle,and designed to be used as temporary living quarters for travel,vacation uses or for recreational uses.Such structures include travel trailers,pop-up(including folding and retractable)campers,ice-fishing houses,and the like. • Any vehicular,portable structure designed to be mounted on a truck upon a self-propelled vehicle for use as temporary living quarters for travel,recreation,or vacation uses.Such structures include,but are not limited to, pick-up campers. • Any vehicular,portable structure mounted on wheels,designed to be used as temporary living quarters for travel,recreation,or vacation uses,and which is constructed as an integral part of a self-propelled vehicle. Such vehicles include motorhomes,mini-motorhomes,buses converted into campers,and the like. 3 Chapter Two Zoning Regulations (Revised 9/27/06)Effective 6/1/99 or garbage generated off site is not permitted except as provided in Section 10.37. (E) operable/Unlicensed Vehicles 1. N,Passenger vehicles and trucks in inoperable state s'all not be parked in any dis Cts, except in a loc. ion authorized as a v- icle reduction yard or enclos -d building, for , •eriod exceeding seven consecu:ve days. , 2. Any unlice -d vehicle, capable of being operated, shall not al on any property for more than 30 days i uch vehi. e has been unlicensed in both the cu nt and PrevioU ear, except a vehicle used on e property without t requirement of a license. Hazardous Waste (5) Hazar•ills Waste. Any use that gene ,tes, processes or dis p•ses of hazardous waste shall comp with the standards a, regulations of the County's Hazardou• Waste Management Ordinance, Minnesota Pollution Control A!-ney and any other federal, state and local agencies. 9.4. Exterior Storage (1) Exterior storage shall be regulated by the following standards. (2) Personal Property. Except as provided in Paragraph(3)below, in all agricultural and residential districts, all personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets,except for the following: construction, landscaping and agricultural materials and equipment currently(within a period of six (6) months) being used on the premises; off-street parking of licensed passenger automobiles and pick-up trucks; and the parking of such other vehicles as may be permitted by Section 9.10. No more than four passenger automobiles and pick-up trucks per lawful dwelling unit may be kept or stored outside of a building in the Semi-Rural "SR"District, the Single Family Estate"SFE" District, the Shoreland Overlay District,the St. Croix River District or in the Agricultural Preserves"AP"and Agricultural "AG"Districts on parcels of 10 acres or less in size. No personal property, vehicles, campers, travel trailers, recreational vehicles, equipment, lumber or materials (except during the process of construction of a structure) shall be kept or maintained on any lot or property on which a permanent dwelling is not located. 2.9-10 New Scandia Township Development Code Effective 6/1/99 (Revised January 25,2007) Chapter Two Zoning Regulations (3) Recreational Equipment. The outside storage of no more than two (2) items of recreational equipment is permitted in one side yard or rear yard in all zoning districts, provided that any such side yard storage shall not be adjacent to a street and all setbacks are met. Additional recreational equipment must be stored inside a building. Recreational equipment shall include: boats and canoes; all- terrain vehicles; campers; trailers for the transportation of boats, canoes,all-terrain vehicles, snowmobiles, and automobiles; all travel trailers or motor vehicles designed, constructed, or used to provide temporary, movable living quarters for recreational use. Campers, travel trailers and motor vehicles designed or used to provide temporary, movable living quarters for recreational use shall not, while parked, be used as a human dwelling place, living abode or living quarters, except that such a vehicle owned by a non-resident guest or visitor may be parked or occupied by said guest or visitor on property on which a permanent dwelling is located, for a period not to exceed thirty (30)days per year while visiting the resident of said property. The recreational vehicle or trailer shall have self-contained sanitary facilities or standard on-site facilities as required by the building official. (4) Non-residential Areas. In the RB and GB Districts, exterior storage of useable personal property may be permitted by conditional use permit provided any such property is so stored for purposes relating to a use of the property permitted by this Development Code and will not be contrary to the intent and purpose of this Development Code. (5) Waste, Refuse or Garbage. In all districts waste, refuse and garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such, land free of refuse and weeds. The purpose of this section is to 9.5. Fences establish relations/or fences. (1) Ap *cability. These standards s apply to all properties that have fr age on a public r . (2) General Perfo Standards. (A) ces are permitted in ordance with the following regulations; 1. Solid walls in excess of four(4 eet above adjacent ground grades shall be prohibited_ New Scandia Township Development Code 2.9-11 ----.............. lijective 6/C99 (Revised January 25,2007) Chapter Two ' Zoning Regulations The purpose of this section is to provide for orderly, economic, and 9.9. Mining safe removal and processing of sand, gravel, rock, soil, and other within the Township is regulated by New Scar1dia Township material. Ordnance Number 28 as amended. ti The purpose ()phis section is to 9.10. Park r' establish parking standards. (1) Su facing and Drainage. Off-street parking eas shall be Surface and Drainage imp ived with a durable and dustless surf e. Such areas shall he so _jaded and drained as to dispose of 11 surface water accumu:tion within the parking area. D rabic and dustless surface m include crushed rock and milar treatment for parking acc \sory to residential strut res up to and including four(4) units;°:II other uses shall uti ize asphalt, concrete or a reasonable subs'',ute surface as ap oved by the Town engineer. All surfa.,ing must be c npleted prior to occupancy of the structure unle' other arra gements have been made with the Town. Location (2) Location. All accessory df s eet parking facilities required herein shall be located as f' ows: (A) Spaces accessory toff ne . d two family dwellings shall he on the same lot rass the p .ncipal use served. (B) Spaces access() to multiple ",roily dwelling shall he on the same lot as le principal use served and within two hundred (200) eet of the main en ance to the principal building sery . Parking as require. by the Americans With Disabi ties Act(ADA) for the i'isabled shall he provided. / (C) Spaces act°essoiy to uses located in the R:tail Business and Geneal Business Districts shall be on ,e same lot as the prin.'pal building. Parking as required b he Ameri tsns With Disabilities Act(ADA) for th handirhpped shall be provided. € (D) Spa• s accessory to commercial/industrial use shall e set..ck ten (10) feet from any street right-of-way or a fy � pr:perty line. , l General Standards /t) (3) Genet-,I Provisions. (A) / xisting off-street parking spaces and loading spaces/ r t upon the effective date of this Development Code shall knot be reduced in number unless said number exceeds the &A- requirements set forth herein for a similar use. (B) Motor vehicles over one(l) ton capacity bearing a �.� commercial license and commercially licensed trailers New Scandia Township Development Code 2.9-23 Chapter'fwo •: Zoning Regulations (Revised 9/27/06) Effective 6/1/99 shall not he parked or stored on residential or agricultural properties (with the exception of trucks/tractors directly associated with the agricultural use) except when loading. unloading, or rendering service and except that one(1) such truck and/or trailer may be stored or parked on semi- rural residential or agricultural properties by the property owner while in regular use. (C) A ..rking space shall not be less th. nine(9) feet wide and ei_iteen (I8) feet in length • elusive of an adequatel' resigned system 'access drives. Parking lots that separate icles bas •'on size may be designed with parking spaces les' h. or greater than nine (9) feet wide and eighteen (18) ire' length depending upon the size of the vehicle, . long as. equate space is provided for easy and saf, ingress and egr•:, for the vehicle. Proposed reduction in or additions to the i r king space size must be sub;fitted in a dimensioned site p.I with size of veh "/e to use parking spaces indicatedreview and a. roval. Signs specifying the vehicle size o r; e the larking space shall be required. Parking spaces o tee handicapped shall he in accordance with the American , With Disabilities Act (ADA). D) Except as provided in Paragraph (3) (II) of this section, off-street parking facilities accessory to residential uses shall be utilized solely for the parking of passenger automobiles and/or one(1)truck not to exceed twelve thousand pounds(12,000)gross capacity for each dwelling unit. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of nearby businesses or manufacturing establishments. (E) ff-street parking facilities for a combination of i,•'xed bui wings, structures or uses may he provided sr Iectively in any �i*_ trict" (except residential districtsr'n which separate par'`• facilities for each sepa e building, structure or use +�uld be required, )vided that the total number of spaces pr. ,ided shal,-equal the sum of the separate requirements o` ac)'use during any peak hour parking period. 1 (F) When required acc;: ory off-stream parking facilities are provided elsewhi e than on the lot in hich the principal use served is I -ated, they shall be in the .me ownership or control, e' ter by deed or long-term lease;°n_the „ property cupied by such principal use, and the 6-3orrtsr of the prin pal use shall file a recordable document with 2.9-24 New Scandia Township Development Code