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7.b)1) Ordinance No 157 Development Standards-Accesory StructuresCITY OF SCANDIA ORDINANCE NO.: 157 ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 3.0 REGARDING DEVELOPMENT STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter Two, Section 3.0, Development Standards, shall be amended to read as follows: 3.1 General Standards. All lots or uses will be subject to these general standards as well as other specific regulations that apply to the lot or the proposed use. (3) General Setback, Lot Area and Building Regulations. All uses and structures shall be subject to the regulations of the applicable zoning and overlay zoning districts and the following additional requirements applicable in all districts: (F) Height. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, flag poles up to 45 feet in height, historic buildings and structures, and wind generators. Wireless Communication Facilities are regulated in accordance to Chapter Two, Section 4.36 of this Development Code. 3.2 Accessory Structures (1) Required Permits. A building permit is required for all accessory structures except the following: 1) agricultural buildings as defined herein and 2) non-agricultural accessory structures that are 120 square feet or smaller. An administrative permit is required for all agricultural buildings and agricultural accessory structures. (2) All Accessory Structures. The following standards apply to all accessory structures. (A) No accessory structure shall be constructed on a lot prior to construction of the principal structure on the lot. (B) No detached accessory structure, including storage sheds, shall be located closer to the road right-of-way in relation to the front lot line than the principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and 4-2. All setbacks -are met. Ordinance No. 157 Pagel of 5 (3) Residential and Agricultural Accessory Structures. The following additional standards apply to all residential and agricultural accessory structures: (A) Accessory structures may not include a dwelling unit. They may not be rented, leased, or sold separately from the rental, lease, or sale of the primary single-family dwelling on the lot. (B) Accessory structure height is limited to the permitted building height in each zoning district, except for agricultural structures such as silos and historic buildings and stnictures (C) The permitted total square footage and number of all accessory structures is as follows: Ordinance No. 157 Page 2 of 5 Residential Accessory Structures (non-agricultural) * Agricultural and Rural Buildings Number of Total Square Number of Total Square Lot Size Structures** Footage Structures Footage Parcels less than 1 acre 1 720 sq. ft. . e fe to 3.00 ae -es 1.0 to less 1 1,000 sq. ft. than 3.0 acres None None X3.00 acres apAto 2 2,500 sq. ft. less than 5.00 acres 1 rural use 4,000 sq. ft. 5.00 acres to less than 10.00 2 3,000 sq. ft. building(3 including non - acres total)l) agricultural buildings 2 agricultural 6,000 sq. ft. Mere than 10.00 acres to less 2 3,500 sq. ft. buildings (4 including non - than 20.00 acres total) agricultural buildings. X20.00 acres to less 2 4,500 sq. ft. than 30.00 acres No limit No limit More =30.00 acres to less 2 5,500 s ft. q' than 40.00 acres provided structures are provided structures are More than acres to less 2 6,000 s ft. q' than 60.00 acres agricultural buildings. agricultural buildings More x60.00 acres to less 2 7,000 s ft. q' than 80.00 acres 80.00 acres and larger 2 8,000 sq. ft. Ordinance No. 157 Page 2 of 5 * One detached garage up to 24'x36' in size is permitted in addition to the number of accessory structures listed in Section (C), above. The total area of structures including the garage shall meet the lot coverage requirements. ** One single story shed of 120 square feet or less is permitted in addition to the number of accessory structures listed in Section (C), above. Ice fishing houses stored on parcels of land during summer months shall be deemed to be the permitted shed. *** One rural accessory structure to shelter domestic farm animals or to provide storage for rural/farm uses is permitted on lots between 5.0 and 10.00 acres. (D) All detached accessory structures are to be used for personal use or agricultural use only. No commercial use or commercial- related storage is allowed in these structures. (E) No land shall be subdivided so as to have a larger structure and/or exceed the total number of structures as permitted by this Development Code. (F) Domestic Farm Animals. Accessory structures used to shelter domestic farm animals shall meet the following requirements: 1. All domestic farm animal structures, feedlots and manure storage sites shall be setback as follows: Natural/ Man -Made Features Horizontal Setbacks (a) Any property line 1 100 feet (b) Any existing well or residential structure on the 50 feet same parcel (c) Any seasonal or year-round wetland, lake or stream 1 200 feet 4-2. Said structure, feedlot or manure storage shall not be placed on slopes which exceed 13%. (GLFor the purpose of determining the size, number and location of agricultural buildings on farms 40.00 acres or greater, the lot shall include all contiguous tax parcels farmed as a unit as evidenced by common ownership within a family or other entity comprised of some or all of the family members, or a combination thereof. (4) Commercial and Industrial Accessory Structures. The following additional standards shall apply to commercial and industrial accessory structures: (A) One accessory structure is allowed on a parcel provided it is used for storage related to the principal use of the property. No separate business is allowed in the accessory structure. (B) The accessory structure shall be placed to the rear of the principal building and conform with applicable setback requirements and lot coverage standards. (C) No accessory building shall exceed 35 feet in height. Ordinance No. 157 Page 3 of 5 (5) Historic Accessory Buildings and Structures. The City may grant exceptions to the requirements for the number and/or total square footage of accessory structures permitted on a parcel, and to the requirement that accessory structures be located no closer to the roadway right-of-way than the primary structure, to permit the preservation of historic buildings and structures based on the following criteria: (A) The exception shall only be granted when it is necessary to preserve the historic buildings or structures, to maintain the historic character of the property, or meet the City's goals for preservation of historic structures and character. (B) The appearance and arrangement of the building(s) and structure(s) shall reflect the general design, massing and locations of historic buildings and structures identified in Scandia's Architectural Design Guidelines. (C) The preservation of the structure(s) or building(s) shall not conflict with other policies, regulations and requirements, including setback requirements. (D) The exception shall not create an unreasonable burden on adjacent properties/owners. (E) The exception shall not be contrary to the public interest or the intent and purpose of the Development Code and Comprehensive Plan. (6) Procedure for granting exceptions for Historic Accessory Buildings and Structures. The owner of the land shall file an application for an exception to the requirements for Accessory Structures for a historic building or structure at the City. The Zoning Administrator shall review applications for exceptions, and shall approve the request if it is in conformance with the criteria listed in Section 3.2(5). The Zoning Administrator shall provide the approval to the applicant in writing. If the application does not meet the requirements, the Zoning Administrator shall deny the request in writing, stating the reasons for the denial. The Zoning Administrator shall inform the City Council of each approved or denied exception. An applicant may appeal the decision of the Zoning Administrator to the City Council within thirty (30) days following the date of the decision. If no appeal is made, the decision of the Zoning Administrator becomes final thirty-five (35) days after the decision. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this 18th day of November, 2014. Ordinance No. 157 Page 4 of 5 Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk Ordinance No. 157 Page 5 of 5