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6. Discussion on amendment to development code for accessory structuresPotential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission Memorandum To: Scandia Planning Reference: Accessory structures ordinanc( Commission — potential revisions for discussion Copies To: Neil Soltis, City Project 17123.000 Administrator No.: Brenda Ecklund, City Clerk Routing: From: Merritt Clapp -Smith, Planner Date: February 26, 2019 SUBJECT: Potential revisions to Accessory Structures standards — Section 3.2 of Chapter 2 of the Development Code of the City of Scandia MEETING DATE: March 5, 2019 BACKGROUND INFORMATION The topic of accessory structures and the number allowed on a single property was recently brought to the attention of the Planning Commission and City Council in regard to multiple structures on a property for sheltering animals. Code standards for accessory structures have been altered a few times over the past 15 years. In 2006, Ordinance 90 added design standards for accessory structures, standards which were later adopted into the general design standards in 3.14 Building Type and Materials. In 2013, Ordinance 131 amended Ordinance 122 regarding Accessory Structures to slightly increase the total square footage of structures allowed on 5.0 to 10.0 acre lots; added the provision that attached or detached garages up to 24' by 24' would not be counted towards the maximum number of accessory structures, but would count toward the overall maximum square footage; and added exceptions for historic structures. The Planning Commission discussed the current standards for accessory structures and decided to re-evaluate them in relation to the size and number of structures allowed, particularly for smaller structures such as animal shelters, garden and tool sheds, and children's playhouses. POTENTIAL REVISIONS FOR DISCUSSION Page 1 of 11 Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission AN ORDINANCE AMENDING SECTION 3.2 OF CHAPTER 2 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA PERTAINING TO ACCESSORY STRUCTURES The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Sections 3.2 of Chapter 2 of the Development Code of the City of Scandia are hereby amended as follows: 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) n^„ agr-ie ultl ,' accessory structures that are 1509 square feet or smaller. An administrative permit is required for all agricultural buildings and agricultural accessory structures. RATIONALE: What size building is it necessary for the city to issue permits for? 120 sq ft seemed a little small to worry about; perhaps 150 sq ft minimum instead? (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 RATIONALE: Add river district reference, since it's a comparable waterfront condition to lakeshore for the purposes of building placement. 2. The accessory structure is located on a lot of three 3 acres or more and is placed at least 200 feet from the road right-of-way; or RATIONALE: Reduce minimum lot size this applies to, since a 3 acre lot is still somewhat large. Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission 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. (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) Accessory structures of less than 150 square feet in size are permitted and do not count toward the accessory structure limits listed in Section (D). RATIONALE: Small accessory structures can be many things and typically aren't a visual nuisance the way larger buildings are. Many people have or want small accessory structures for children, small animals, storage or gardening. Why regulate them if they are rarely a problem? (D) The permitted total square footage and number of accessory structures greate than 150 square feet in size are limited as follows: RATIONALE: Proposed increases in the allowed number and total square footage of accessory structures shown below may still be enough to protect the public interest of city residents, while providing individual property owners a bit more flexibility to have accessory structures on their property. Page 3 of 11 Potential Ordinance revisions Accessory Buildings - 3/5/19 discussion at Planning Commission RATIONALE: There is no need to differentiate between agricultural and non-agricultural structures in this table, if you provide an allowance for larger structures for "Agricultural Production” in a **footnote. "Agricultural Production" is defined in the code as agricultural crops, apiaries or animals. For general agricultural buildings, the revised size limits should provide ample flexibility. * If the property has no attached garage, one detached garage up to 24'x 36' in Page 4 of 11 Residential Structures fn-er i -ie, • t •U„ l and n„U„ � agrieultufwk* Bu il Number of Total Nva e' T9ta Structures* Square r SqHare Lot Size**** * Footage Footage Parcels less than I acre 2 1,0007-20 - sq. ft. None Nefle LO to less than 3.0 acres 24- 1,5001,4M - sq. ft. 3.00 acres to less than 5.00 acres 32- 3,000 2,-500 sq. ft. 5.00 acres to less than 10.00 4,000 3,000 1 Fur -a! use �g 3 � �,,; lding"* non _ acres - sq. ft. (3 total) a Wings 10.00 acres to less than 20.00 6,000 3;500 � g acres 4 - sq. ft. buildings non ��} anal 20.00 acres to less than 30.00 8,000 4300 acres 42- - sq. ft.** 30.00 acres to less than 40.00 10,000 5-2 5380 sq. acres ft.** No li}} i provided No lifnit provide 12,000 40.00 acres to less than 60.00 5-2 g,OW sq. acres ft.** a -r -e afe 60.00 acres to less than 80.00 14,000 6-2 7,000 s q' buildings. btfildings acres ft.** 16,000 80.00 acres and larger 6-2 8-,000 sq. ft.** RATIONALE: There is no need to differentiate between agricultural and non-agricultural structures in this table, if you provide an allowance for larger structures for "Agricultural Production” in a **footnote. "Agricultural Production" is defined in the code as agricultural crops, apiaries or animals. For general agricultural buildings, the revised size limits should provide ample flexibility. * If the property has no attached garage, one detached garage up to 24'x 36' in Page 4 of 11 Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission 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. ** Accessory structures used for Agricultural Production are permitted to cover up to 5% of the parcel on which the structures are located. One single stogy shed of 120 s e feet or- loss ; pefmi#ed ; addition to the giver of aeeesse true tour listed co„� ire b Y ids c tisziscccriir-cscc ir�'cTicv�i=vr�.z fishing houses stor-ed on pafeels of land dtffing nen wiffter- months shall be d RATIONALE: This allows buildings for agricultural production to be larger than the accessory structure limits. * * * * 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 greater than 150 square feet, feedlots and manure storage sites shall be setback as follows: Page 5 of 11 Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission RATIONALE: Standard setbacks already apply and small structures for farm animals do not pose the same level of threat as large structures, which would house more animals. The setbacks for fowl is already less. Natural/ Man -Made Features Horizontal Setbacks (a) Any property line 1 100 feet (b) Any existing well or residential structure 50 feet on the same parcel (c) Any seasonal or year-round wetland, lake 200 feet or stream 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 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. Page 6 of 11 Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission (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. RATIONALE: If all other requirements and conditions are met, why have it meet a minimum lot size? Some historic situations might occur on small lots. (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. Comparison Table of proposed changes Page 7of11 Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission Parcel size # of bldgs (maximum) Bldgs Scl ft (maximum) Bldgs as Lot % Animal Units Agric+ Proposed Non- Proposed Non Scl Ft maximum min acres max acres Agric Agric Total Bldgs Non-Agric Agric maximum Current Proposed allowed 1 1 0 1 2 720 720 1,000 1 3 1 0 1 2 1,000 1,000 1,500 2.30% 3.44% fowl 3 5 2 0 2 3 2,500 2,500 3,000 1.91% 2.30% fowl 5 10 2 1 3 3 3,000 4,000 4,000 1.84% 1.84% 2.5-5 10 20 2 2 4 4 3,500 6,000 6,000 1.38% 1.38% 5-10 20 30 2 no limit no limit 4 4,500 no limit 8,000 NA 0.92% 10-15 30 40 2 no limit no limit 5 5,500 no limit 10,000 NA 0.77% 15-20 40 60 2 no limit no limit 5 6,000 no limit 12,000 NA 0.69% 20-30 60 80 2 no limit no limit 6 7,000 no limit 14,000 NA 0.54% 30-40 80 no limit 2 no limit no limit 6 8,000 no limit 16,000 1 NA 1 0.46% 40+ *Accessory structures for "Agricultural Production" would be allowed to cover up to 5% of the parcel. Page 8 of 11 Potential Ordinance revisions Accessory Buildings — 3/5/19 discussion at Planning Commission Building Size Examples 4' x 8' (32 sq ft) — portable sheep shed 8'x 12' (96 sq ft) utility shed V 8' x 15' (120 sq ft) - Chicken coop 12'x 12' (144 sq ft) mini barn 8'x 16' (128 sq ft) greenhouse and shed Size unknown - solar shed Page 9 of 11 Standards for accessory structures Scandia Planning Commission Page 10 For discussion only on March 5, 2019 12'x 12' (144 sq ft) greenhouse 10' x 16' (160 sq ft) salt box Siz e 20'x 24' (480 sq ft) horse barn Size unknown (xxx sq ft) horse barn c) 41 �V �-$]ieli>Ir� LinLclr 1❑ I.uCL Sliding-� Door I I 11 r i, Alli y/GToo1113.119 20)�`` yy ' L10'x 12' 10'x 12' *Shad SIR11 -sludi 0 k Siz e 20'x 24' (480 sq ft) horse barn Size unknown (xxx sq ft) horse barn 25' x 36' (900 sq ft) + 2 - 25'x 9'(2 x 225 sq ft overhangs) = 1,350 sq ft total horse barn Unknown size — garage and shed I 11 r i, 11 x 34 Tr actor fuk *Shad � 0 k GyaaN � • ��a 7'[ �•�•w• 1: x 15 x Lstoli� 1 o 25' x 36' (900 sq ft) + 2 - 25'x 9'(2 x 225 sq ft overhangs) = 1,350 sq ft total horse barn Unknown size — garage and shed I Standards for accessory structures Scandia Planning Commission Page 11 For discussion only on March 5, 2019 12' 12' WIDE X 10' 41 GH DOUBLE SLIDING DOOR$ 30' 40' POLE BARN DR .METAL ROOF -METAL SIDING 30'x 40' (1,200 sq ft) — pole barn 10' tall ONE 30' x 100' (3,000 sq ft) — pole barn 16' tall I