8. Discussion on amendment to development code for accessory structuresPotential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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Memorandum
To: Scandia Planning
Commission
Reference: Accessory structures ordinance
– potential revisions for
discussion
Copies To: Neil Soltis, City
Administrator
Project
No.:
17123.000
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 struc tures,
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
Potential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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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) non-agricultural accessory
structures that are 150120 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 three (3) five (5) acres or
more and is placed at least 200 feet from the road right-of-way; or
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?
RATIONALE: Add river district reference, since it’s a comparable waterfront
condition to lakeshore for the purposes of building placement.
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
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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).
(D) The permitted total square footage and number of accessory structures greater
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.
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?
Potential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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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 2 1 1,000 720
sq. ft.
None None 1.0 to less than 3.0 acres 2 1 1,500 1,000
sq. ft.
3.00 acres to less than 5.00 acres 3 2 3,000 2,500
sq. ft.
5.00 acres to less than 10.00
acres 3 2 4,000 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 4 2 6,000 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 4 2 8,000 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 5 2
10,000
5,500 sq.
ft.**
40.00 acres to less than 60.00
acres 5 2
12,000
6,000 sq.
ft.**
60.00 acres to less than 80.00
acres 6 2
14,000
7,000 sq.
ft.**
80.00 acres and larger 6 2
16,000
8,000 sq.
ft.**
*
* If the property has no attached garage, one detached garage up to 24’x 36’ in
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.
Potential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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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 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 non-winter months shall be
d
e
e
m
e
d
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 greater than 150 square feet, feedlots
and manure storage sites shall be setback as follows:
RATIONALE: This allows buildings for agricultural production to be larger than the
accessory structure limits.
Potential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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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 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.
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.
Potential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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(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.
Comparison Table of proposed changes
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.
Potential Ordinance revisions Accessory Buildings – 3/5/19 discussion at Planning Commission
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Animal
Units
min acres max acres
Non-
Agric Agric Total
Proposed
Bldgs Non-Agric
Agric +
Non
Agric
Proposed
Sq Ft
maximum Current Proposed
maximum
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 NA 0.46%40+
Parcel size Bldgs as Lot %# of bldgs (maximum)Bldgs Sq ft (maximum)
*Accessory structures for “Agricultural Production” would be allowed to cover up to 5% of the
parcel.
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Building Size Examples
4’ x 8’ (32 sq ft) – portable sheep shed
12’ x 12’ (144 sq ft) mini barn
8’ x 12’ (96 sq ft) utility shed
8’ x 15’ (120 sq ft) - Chicken coop
8’ x 16’ (128 sq ft) greenhouse and shed
Size unknown - solar shed
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
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
Standards for accessory structures
Scandia Planning Commission Page 11 For discussion only on March 5, 2019
30’ x 40’ (1,200 sq ft) – pole barn
10’ tall
30’ x 100’ (3,000 sq ft) – pole barn
16’ tall