Loading...
6. Discussion on the definition and regulation of accessory structures Staff Report Date of Meeting: January 8, 2019 To: Planning Commission From: Neil Soltis, Administrator Re: Regulation of accessory structures Background: At the November meeting there was a discussion regarding the number of accessory structures on a parcel of land. The parcel in question had a number of smaller “dog house sized” structures used to house animals. This raised the question as to what constitutes an accessory structure. Chapter 1 of the Development Code provides the following definitions: (3) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (328) Structure: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, recreational vehicles not meeting the exemption criteria specified in Section 9.1 (1) of Chapter Six, and other similar items. Used interchangeably with “building” for purposes of this Development Code. An excerpt from the Development Code that provides for the regulation of Accessory structures is provided on the following pages along with other language examples provided by Merritt Clapp - Smith Notes prepared by Merritt Clapp-Smith, Planner, for Scandia Planning Commission discussion on 1-8-19 SCANDIA DEVELOPMENT CODE for ACCESSORY STRUCTURES 4.2 Definitions (3) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (328) Structure: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, recreational vehicles not meeting the exemption criteria specified in Section 9.1 (1) of Chapter Six, and other similar items. Used interchangeably with “building” for purposes 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 unless the following conditions are met: 1. The parcel is located on a lakeshore or on a riverfront in the Saint Croix River District. Accessory structures on lakeshore or riverfront parcels may be located between the roadway right-of-way and principal building and shall meet setback requirements; or 2. The accessory structure is located on a lot of five (5) acres or more and is placed at least 200 feet from the road right-of-way; or 3. The accessory structure is located on a parcel that is less than five (5) acres in size, is necessary to meet the Exterior Storage requirements of this Chapter, and the physical conditions on the parcel (including but not limited to steep slopes, locations of wetlands, location of the principal structure) prevent the location of the storage structure within the side or rear yard; and Permit required. The property owner shall submit a plan for the proposed structure and obtain an administrative permit authorizing the location of the structure in the front yard. The Zoning Administrator may require screening if needed to protect views from adjacent properties or public roadways. 4. In situations 1-3 above, all setbacks and impervious cover requirements are met. Commented [MC1]: There are no criteria related to placement other than setbacks and no criteria related to design/materials. In some cases, a set of small buildings for agricultural or non-agricultural use may be desired and could be attractively designed and arranged. How can this be accounted for and managed under the regulations? Commented [MC2]: Suggest adding river district reference, since it’s a comparable waterfront condition for the purposes of building placement. Notes prepared by Merritt Clapp-Smith, Planner, for Scandia Planning Commission discussion on 1-8-19 (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 unless it meets the standards of Section 4.2 Accessory Dwelling Units of this Development Code. Accessory structures or portions of structures that meet the standards of Section 4.2 may be rented or leased. Other accessory structures shall not be rented, leased, or sold separately from 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. (C) The permitted total square footage and number of all accessory structures is as follows: Residential Accessory Structures (non-agricultural) * Agricultural and Rural Buildings Lot Size**** Number of Structures** Total Square Footage Number of Structures Total Square Footage Parcels less than 1 acre 1 720 sq. ft. None None 1.0 to less than 3.0 acres 1 1,000 sq. ft. 3.00 acres to less than 5.00 acres 2 2,500 sq. ft. 5.00 acres to less than 10.00 acres 2 3,000 sq. ft. 1 rural use building*** (3 total) 4,000 sq. ft. including non- agricultural buildings 10.00 acres to less than 20.00 acres 2 3,500 sq. ft. 2 agricultural buildings (4 total) 6,000 sq. ft. including non- agricultural buildings. 20.00 acres to less than 30.00 acres 2 4,500 sq. ft. No limit provided structures are agricultural buildings. No limit provided structures are agricultural buildings 30.00 acres to less than 40.00 acres 2 5,500 sq. ft. 40.00 acres to less than 60.00 acres 2 6,000 sq. ft. 60.00 acres to less than 80.00 acres 2 7,000 sq. ft. 80.00 acres and larger 2 8,000 sq. ft. * If the property has no attached garage, one detached garage up to 24’x 36’ in size is permitted in addition to the number of accessory structures listed in Section (C) above. This exception is intended to permit a garage only, and the square footage of the garage may not be added to the number or square footage of accessory structures that are permitted on the property by the table above. The total area of structures including the garage shall meet the lot coverage requirements. The property owner must demonstrate that there is adequate space available on the parcel for a primary and secondary septic system that meet Washington County SSTS ordinance requirements outside the area proposed for the garage. ** 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 Commented [MC3]: Based on these requirements, accessory structures are generally limited to 2% of less of lot coverage, with the % allowed decreasing as lot size increases. Commented [MC4]: Should this be limited to one structure? Notes prepared by Merritt Clapp-Smith, Planner, for Scandia Planning Commission discussion on 1-8-19 stored on parcels of land during non-winter 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. **** The lot size of parcels within Shoreland areas shall include only the area of the lot that is above the Ordinary High Water Level (OHWL). (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, except as provided in Chapter 2, Section 4.16 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 100 feet (b) Any existing well or residential structure on the same parcel 50 feet (c) Any seasonal or year-round wetland, lake or stream 200 feet 2. Said structure, feedlot or manure storage shall not be placed on slopes which exceed 13%. (G) For 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. (5) Exception for 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 Commented [MC5]: Should this be limited to one structure? Commented [MC6]: Should animal shelters be allowed on smaller lots? Commented [MC7]: Are accessory dwelling units for rent a commercial use? Commented [MC8]: This setback can be difficult or impractical on narrow lots, like lakeshore lots. Commented [MC9]: This doesn’t anticipate accessory dwelling units as an accessory use in and of itself. Notes prepared by Merritt Clapp-Smith, Planner, for Scandia Planning Commission discussion on 1-8-19 parcel, to the maximum height requirement, 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 and requirements: (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 its 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) If the landowner proposes to move the building or structure to his/her property, an exception shall only be granted for historic buildings or structures that originate within Scandia and adjacent communities. (D) Only one exception shall be granted to each property in Scandia. (E) Exceptions shall be granted only for parcels that are 4 acres or larger in size. (F) Exceptions may be granted in all Zoning Districts. (G) The preservation of the structure or building shall not conflict with other policies, regulations and requirements, including setback requirements. (H) The exception shall not create an unreasonable burden on adjacent properties/owners. (I) 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 with the City. The Zoning Administrator shall review the application, 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. Commented [MC10]: Why is 4 acres the minimum? Notes prepared by Merritt Clapp-Smith, Planner, for Scandia Planning Commission discussion on 1-8-19 Accessory Structures - Code Examples that provide some flexibility FOR DWELLINGS Harvey County, Kansas - Allows accessory dwelling units for farm workers on agricultural parcels, secondary to the primary residence. Article 9. Agricultural Zoning District Section 9.03 PERMITTED LAND USES. 1. Dwelling units, but not mobile homes, for members of the extended farm family or farm employees located on the same contiguous farming unit as the principal farm residence or any quarter/quarter of a section under the same ownership. Single-family units shall be site assembled or manufactured homes, subject to the provisions of Article 16, Supplementary Use Regulations. [http://www.harveycounty.com/pdfs/planningzoning/Article_9__A - 1_Agricultural_Zoning_District.pdf] Town of Old Lyme, CT – Allows accessory dwelling units for employees and non-paying guests. 7.2 Accessory Buildings - …no Accessory Building shall be used for Dwelling purposes, except by employees or non-paying guests of the occupant of a Dwelling on the Lot, and there shall be no provision for cooking facilities in such Accessory Building or available to such employees or guests except the principal cooking facilities of the Dwelling. [http://www.oldlyme- ct.gov/Pages/OldLymeCT_BComm/zoningdoc/Section%207%20Accessory%20Uses%20effective%2 08%202%2013.pdf] FOR ANIMAL SHELTERS West St. Paul, MN – structures under 120 square feet for animals do not qualify as accessory structures and are allowed without meeting accessory structure requirements. “Any animal shelter that is 120-square-feet or larger would fall under the building category of an accessory structure and would require a building permit.” Animal shelter examples… Chicken coop – below is 8’ x 15’ (120 sq ft) Portable sheep shelter – below is 4’ x 8’ (32 sq ft) Notes prepared by Merritt Clapp-Smith, Planner, for Scandia Planning Commission discussion on 1-8-19 FOR SETBACKS Town of Old Lyme, CT – exempts small accessory structures from rear and side setback requirements Section 7.9 Accessory Buildings more than fifteen feet in height and 200 square feet in Floor Area shall conform to the Required Minimum Side and Rear Yard requirements for Principal Buildings. [http://www.oldlyme- ct.gov/Pages/OldLymeCT_BComm/zoningdoc/Section%207%20Accessory%20Uses%20effective%2 08%202%2013.pdf]