7.b)2) Ordinance No 161 Accessory Dwelling UnitsOrdinance No. 161 Page 1 of 5
CITY OF SCANDIA
ORDINANCE NO.: 161
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
add 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 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
2. Section 2.8(6) (Uses with an Administrative Permit) is hereby amended by adding the
following use: (C) Accessory Dwelling Unit
3. Section 2.10 (4)(A) (Accessory to a Commercial Use) is hereby deleted.
4. Section 2.10(6) is hereby amended and restated as follows:
(6) The following uses are permitted in the IP District after the 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 by amending and restating as follows:
4.2 Accessory Dwelling Unit. An Accessory Dwelling Unit shall comply with all of the
following standards and permit requirements:
Ordinance No. 161 Page 2 of 5
(1) There shall be no more than one Accessory Dwelling Unit permitted on a lot.
(2) The Accessory Dwelling Unit shall be owned by the same owner or owners of the
principal residential or commercial structure.
(3) The Accessory Dwelling Unit must meet all applicable building code regulations
for a residential structure.
(4) No separate curb cut shall be permitted for the Accessory Dwelling Unit, unless
approved by the City, consistent with the design standards of the appropriate road
authority.
(5) The Accessory Dwelling Unit shall be connected to an approved on-site waste
disposal system.
(6) The Accessory Dwelling Unit shall be subject to the same zoning dimensional
setbacks as the principal dwelling unit.
(7) A density unit is not attributed to an Accessory Dwelling Unit when calculating
density.
(8) Recorded Covenant and Permit Requirements. An Accessory Dwelling Unit
shall file a covenant with the Washington County Recorder’s Office, and shall
obtain a Construction Permit and an Occupancy Permit from the City prior to
occupancy of the Accessory Dwelling Unit.
(A) Recorded Covenant Required. Prior to issuance of the City’s administrative
permit authorizing an Accessory Dwelling Unit, the owner(s) shall file with
Washington County Recorder’s Office a covenant running from the owner(s)
to the City of Scandia acknowledging the owner’s agreement to restrict use of
the principal and Accessory Dwelling Unit in compliance with the
requirements of the Development Code.
1. Covenant Requirements. 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
and shall include the legal description for the lot. The property owner(s)
shall return the original covenant with the recording stamp to the zoning
administrator before the permit for the Accessory Dwelling Unit is issued.
(B) Accessory Dwelling Unit Construction Permit. The owner of property on
which an Accessory Dwelling Unit is proposed shall file an Accessory
Dwelling Unit Construction Permit application by paying the required fee and
submitting a completed application form and supporting documents as set
forth on the application form to the zoning administrator. The zoning
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administrator will review the application to determine whether the application
is complete and the subject property is eligible to receive the requested permit.
1. 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 lot where the Accessory Dwelling Unit is proposed in writing of
the application, and adjacent property owners shall have seven (7)
days in which to submit comments or concerns about the application.
2. Revocation. If a permitted Accessory Dwelling Unit or the property
for which an permit has been issued fails to meet the requirements of
the permit, or if a property for which a permit has been issued
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.
3. Appeals. Determinations pertaining to the continuing compliance
and/or eligibility of a permit or property for an Accessory Dwelling
Unit permit are subject to appeal to the City Council.
(C)Accessory Dwelling Unit Occupancy Permit. 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.
1. Conditions. The City may impose conditions on the issuance of an
Accessory Dwelling Unit occupancy permit. Such conditions shall be
directly related to, and shall bear a rough proportionality to, potential
impacts of the Accessory Dwelling Unit.
(9) Accessory Dwelling Units that are internal to a principal structure or accessory
structure (garage) shall comply with the following design requirements:
(A) Accessory Dwelling Units that are internal to a principal structure or an
accessory structure are permitted in all zoning districts.
(B) The height of an Accessory Dwelling Unit shall not exceed the height of the
principal structure, unless the unit is located within in a barn, silo, or historic
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structure that the standards of this Ordinance permit to exceed the maximum
permitted structure height.
(C) Internal Accessory Dwelling Units are limited to one thousand (1,000)
square feet. In no case shall the floor area of the internal Accessory
Dwelling Unit exceed the floor area of the first floor of the primary structure
or accessory structure.
(D) The creation of the Accessory Dwelling Unit 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 Accessory Dwelling Unit so that its
appearance is no longer that of a one-family dwelling.
(F) The primary exterior materials of the Accessory Dwelling Unit 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 Accessory Dwelling Unit must abide by the primary structure setbacks.
(10) Detached Accessory Dwelling Units shall also comply with the following
requirements:
(A) A detached Accessory Dwelling 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.
(B) The floor area of a detached Accessory Dwelling Unit shall not exceed one-
thousand (1,000) square feet. When a lot includes a detached Accessory
Dwelling Unit, the combined floor area of the footprint of the detached
Accessory Dwelling Unit, and all other accessory structures on the lot shall
be consistent with the number and size of accessory structures permitted by
the Development Code.
(C) The detached Accessory Dwelling 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:
1. The accessory structure is at least 200 feet from the road right-of-way
on lots of five (5) acres or more; and
2. All setbacks are met.
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(D) Design Standards for detached Accessory Dwelling Units on lot sizes of 4
acres or less:
1. The exterior finish material shall match in type, size, and placement,
the exterior finish material of the principal building.
2. The roof pitch shall match the predominant roof pitch of the principal
building.
3. Design Standards shall not apply to a unit that is located within in a
barn, silo, or historic structure.
(11) Home occupations are permitted in Accessory Dwelling Units, provided that the
combined impacts of home occupations in the Accessory Dwelling Unit 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