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5. Ordinance No 161 Option 2 Revised Draft for 5 5 15Ordinance No. 159160 Page 1 of 5 CITY OF SCANDIA ORDINANCE NO.: 161 REVISED DRAFT FOR DISCUSSION AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, DEFINITIONS AND CHAPTER 2, SECTION 2.0 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 followsadd the following definition: (1) Accessory Dwelling Unit: 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. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 2.0, Districts, shall be amended to read as follows: 1. Section 2.8 (4)(A) (Accessory Apartment – Accessory to a Commercial Use) and Section 2.8 (4)(B) (Accessory Apartment – Accessory to a Residential Use) are hereby deleted Village Mixed Use A District (VMU A) 2. 2. Section 2.8(6) (Uses with an Administrative Permit) is hereby amended by adding the following use: (4) Uses with a Conditional Use Permit Delete (A) Accessory Apartment – Accessory to a Commercial Use Delete (B) Accessory Apartment – Accessory to a Residential Use (6) Uses with an Administrative Permit (C) Accessory Dwelling Unit 3. Section 2.10 (4)(A)Industrial Park District (IP) (Accessory to a Commercial Use) is hereby deleted. 4. Section 2.10(6) is hereby amended and restated as follows: (46) Uses with a Conditional Use PermitThe following uses are permitted in the IP District after the Administrative Permit: (A) Formatted: No underline Formatted: No underline Formatted: Indent: Left: 0.25", Hanging: 0.25" Formatted: No underline Formatted: No underline Formatted: Indent: Left: 0.5", Hanging: 0.25" Formatted: No underline Formatted: No underline Ordinance No. 159160 Page 2 of 5 Delete (A) Accessory Apartment – Accessory to a Commercial Use 6) Uses with an Administrative Permit (A) Accessory Dwelling Unit Section 3. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 4.0, Standards for Uses, shall be amended to read as followsby amending and restating as follows: 4.2 Accessory Dwelling Unit. An aAccessory dDwelling uUnit shall comply with all of the following standards. (1) There shall be no more than one aAccessory dDwelling uUnit permitted on a parcel. (2) A residential or commercial use that includes an accessory dwelling unit shall have common ownership for both the primary use and accessory dwelling useThe Accessory Dwelling Unit shall be owned by the same owner or owners of the principal residential or commercial structure.. (3) No separate curb cut shall be permitted for the aAccessory dDwelling uUnit, unless approved by the cCity, consistent with the design standards of the appropriate road authority. (4) The aAccessory dDwelling uUnit shall be connected to an approved on-site waste disposal system. (5) The aAccessory dDwelling uUnit shall be subject to the same zoning dimensional setbacks as the principal dwelling unit. (6) A density unit is not attributed to an aAccessory dDwelling uUnit when calculating density. (7) A lifetime, non-transferrable Accessory Dwelling Unit Occupancy Permit shall be required from the zoning administrator to allow an aAccessory dDwelling uUnit to be rented. For purposes of this provision, a “rented” aAccessory dDwelling uUnit 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 aAccessory dDwelling uUnit, or occupy an aAccessory dDwelling uUnit while renting the principal dwelling unit, shall apply for a new Occupancy Permit according to the procedure established herein. a. Recorded Covenant rRequired:. Prior to issuance of the City’s administrative permit establishing authorizing an aAccessory dDwelling uUnit, the owner(s) shall file with Washington County recorder Recorder’s Office a covenant by running from the owner(s) to the City of Scandia stating acknowledging that the owner’s agreement to restrict use of the principal and aAccessory Formatted: Indent: Hanging: 0.25" Formatted: No underline Formatted: Indent: Left: 0.5", Hanging: 0.25" Formatted: No underline Formatted: Indent: Left: 0.5", Hanging: 0.25", No bullets or numbering Ordinance No. 159160 Page 3 of 5 dDwelling uUnits in compliance with the requirements of the Development Code. b. Covenant rRequirements:. The covenant shall run with the land and be binding upon the property owner, their heirs and assigns, and upon any parties subsequently acquiring any right, title or interest in the property. The covenant shall be in a form prescribed by the zoning administrator that and shall includes the legal description of for the zoning parcel. The property owner(s) shall return the original covenant with the recording stamp to the zoning administrator before the permit for the aAccessory dDwelling uUnit is issued. c. Application:. The owner of property on which an aAccessory dDwelling uUnit 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. d. Notification:. Upon the determination that a complete application has been submitted and that the property is eligible to receive the required permit, the City shall notify all property owners adjacent to the parcel where the Accessory Dwelling Unit is proposed within a radius of 100 feet shall be notified in writing by the city of the application, and adjacent property owners shall have seven (7) days in which to share submit comments or concerns about the application. e. Conditions:. The City may impose conditions on the issuance of an aAccessory dDwelling uUnity occupancy permit. Such conditions must shall be directly related to, and must shall bear a rough proportionality to, potential impacts of the aAccessory dDwelling uUnit. f. Revocation:. If a permitted aAccessory dDwelling uUnit or the property for which an permit has been issued should fails to meet the requirements of the permit, and/or if a property for which a permit has been issued should becomes 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. g. Appeals:. Determinations pertaining to the continuing compliance and/or eligibility of an permit or property for an aAccessory dDwelling uUnit permit are subject to appeal to the City Council. h. 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. (8) Accessory dDwelling uUnits that are internal to a principal structure or accessory structure (garage) shall comply with the following requirements: Ordinance No. 159160 Page 4 of 5 a. Accessory dDwelling uUnits that are internal to a principal structure or an accessory structure are permitted in all zoning districts. b. The height of an aAccessory dDwelling uUnit shall not exceed the height of the principal structure, unless the unit is located within in a barn, silo, or historic structure that the standards of this Ordinance permit to exceed the maximum permitted structure height. c. Internal aAccessory dDwelling uUnits are limited to eight hundredone thousand (8001,000) square feet. In no case shall the floor area of the internal aAccessory dDwelling uUnit exceed the floor area of the first floor of the primary structure or accessory structure. d. The creation of the aAccessory dDwelling uUnit shall not result in additional entrances facing the public street on the primary structure. e. The appearance or character of the principal building shall not be significantly altered to create the aAccessory dDwelling uUnit so that its appearance is no longer that of a one-family dwelling. f. The primary exterior materials of the aAccessory dDwelling uUnit shall match the primary exterior materials of the principal structure, unless it is located within an existing structure that does not match the primary structure. g. The aAccessory dDwelling uUnit must abide by the primary structure setbacks. (9) Detached aAccessory dDwelling uUnits shall also comply with the following requirements: a. A detached aAccessory dDwelling Unit shall not exceed the height of the principal residential structure or twenty (20) feet, whichever is less, unless the unit is included in a barn, silo, or historic structure that the standards of this Ordinance permit to exceed the maximum permitted structure height. In no case shall the highest point of the roof the detached accessory dwelling unit exceed the highest point of the roof of the principal residential structure. b. The floor area of a detached aAccessory dDwelling uUnit shall not exceed one-thousand (1,000) square feet. When a lot includes a detached aAccessory dDwelling uUnit, the combined floor area of the footprint of the detached aAccessory dDwelling uUnit, and all other accessory structures on the parcel shall be consistent with the number and size of accessory structures permitted by the Development Code. c. The detached aAccessory dDwelling Unit must be located in the rear or side yard of the primary residence, and shall not be located closer to the road right- of-way than the principal structure without a variance unless all of the following conditions are met:. i. i. The accessory structure is at least 200 feet from the road right-of- way on lots of five (5) acres or more; and i.ii. ii. All setbacks are met. c.d. Design Standards for detached aAccessory dDevelopmentwelling Uunits: i. The exterior finish material shall match in type, size, and placement, the exterior finish material of the principal building. Ordinance No. 159160 Page 5 of 5 ii. The roof pitch shall match the predominant roof pitch of the principal building. (10) Home occupations are permitted in aAccessory dDwelling uUnits, provided that the combined impacts of home occupations in the aAccessory dDwelling uUnit and principal dwelling unit conform to the standards and limitations for home occupations in Chapter 2, Section 4.9 of this Development Code. 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 ________, 2015. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk