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5. Option 1-Ordinance No 159 Draft Accessory Apartments 2 3 14Ordinance No. 157 Page 1 of 3 CITY OF SCANDIA ORDINANCE NO.: 159 OPTION 1 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, DEFINITIONS AND CHAPTER 2, SECTION 32.0 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 One, Section 4.2, Definitions, shall be amended to read as follows: (1) (1) Accessory ApartmentDwelling Unit: A secondary dwelling unit within an existing owner-occupied single-family dwelling unit for use as a complete independent living facility A dwelling unit that is located on the same lot as a principal residential or commercial structure to which it is accessory, and that is subordinate in area and form to the principal use. A density unit is not attributed to this dwelling unit when calculating density; or (2) Dwelling Unit, Accessory: A second dwelling unit contained within a single-family dwelling commercial building, or within a detached building located on the same lot as a single-family dwelling. This definition includes accessory dwelling units constructed in connection with a private garage or a private garage converted into a dwelling unit. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 3.1 2.0, Development Standards Districts, shall be amended to read as follows: 2.8 2.8 Village Mixed Use A District (VMU A) (Note: VMU B same uses as A) Uses with a Conditional Use Permit (A) Accessory Apartment – Accessory to a Commercial Use (B) Accessory Apartment – Accessory to a Residential Use (6) Uses with an Administrative Permit (A) Accessory Dwelling Unit (A) 2.9 Industrial Park District (IP) (4)Uses with a Conditional Use Permit (A) Accessory Apartment – Accessory to a Commercial Use Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: Indent: Left: 1.5", No bullets or numbering Formatted: Underline Ordinance No. 157 Page 2 of 3 (6) Uses with an Administrative permit (A) Accessory Dwelling Unit Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 3.1 4.0, Development StandardsStandards for Uses, shall be amended to read as follows: 4.2 Accessory ApartmentsDwelling Unit. An accessory apartment dwelling unit shall comply with all of the following standards. (1) There shall be no more than one accessory apartment dwelling unit on a parcel. within the single-family dwelling unit. (2) The A residential use that includes an structure in which an accessory apartment dwelling unit is located shall be owner-occupied. A commercial use that includes an accessory dwelling shall have common ownership for both uses. (3) No separate curb cut shall be permitted for the accessory apartment unitdwelling unit. (4) The owner shall obtain an administrative permit once a year in the month of January for the duration of the use, presenting at the time of such renewal, proof in the form of an affidavit that the circumstances for which the permit was issued have not changedfor the accessory dwelling unit; or . (5) A lifetime, non-transferrable Accessory Dwelling Unit Occupancy Permit shall be required from the zoning administrator to allow an accessory dwelling unit to be rented. For purposes of this provision, a “rented” accessory dwelling unit is one that is being occupied by a person or persons other than the family occupying the principal dwelling unit. Each property owner seeking to rent an accessory dwelling unit, or occupy an Accessory dwelling unit while renting the principal dwelling unit, shall apply for a new Occupancy Permit according to the procedure established here. a. Application: The owner of property on which an accessory dwelling unit is proposed shall file a permit application by paying the required fee and submitting a completed application form and supporting documents as set forth on the application form. The zoning administrator will review the application to determine whether the application is complete and the subject property is eligible to receive the requested permit. b. Notification: Upon the determination that a complete application has been submitted and that the property is eligible to receive the required permit, property owners within a radius of 100 feet shall be notified in writing by the city of the application, and have 7 days in which to share comments or concerns about the application. c. Conditions: The City may impose conditions on the issuance of an accessory dwelling unity occupancy permit. Such conditions must be directly related to, Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: 12 pt Formatted: Normal, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Ordinance No. 157 Page 3 of 3 and must bear a rough proportionality to, potential impacts of the accessory dwelling unit. d. Revocation: If a permitted accessory dwelling unit or the property for which an permit has been issued should fail to meet the requirements of the permit, and/or if a property for which a permit has been issued should become ineligible for such permit, the permit may be revoked upon the determination by the zoning administrator that the noncompliance and/or ineligibility issues cannot or have not been resolved. If a permit is revoked, occupation of the unit by a person or persons other than the family occupying the principal dwelling unit shall cease within 60 days of the date of the revocation. e. Appeals: Determinations pertaining to the continuing compliance and/or eligibility of an permit or property for an accessory dwelling unit permit are subject to appeal to the City Council. f. Expiration: An accessory dwelling unit permit shall expire upon transfer off the property to a new owner. Continued use of an accessory dwelling unit on the property which has been transferred to a new owner shall require the new owner to apply for a new permit. 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________, 20145. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 1.25"