4. Accessory structure ordinance for Council review 8.20.19CITY OF SCANDIA
ORDINANCE NO.: 212
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:
Section 1 Amendment. Ordinance No. 122, the City of Scandia Development Code
(“Development Code”, or “Code”), Chapter Two, Section 3.2 Accessory Structures shall
be deleted in its entirety and replaced with the following:
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) accessory structures that are
150 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) acres or more
and is placed at least 200 feet from the road right-of-way; or
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
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August 20, 2019
Proposed Amendments to Accessory Building Standards
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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) The permitted number of accessory structures 120 square feet or smaller are
limited as follows:
(D) The permitted total square footage and number of accessory structures greater
than 120 square feet in size are limited as follows:
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 1 1,000 sq. ft.
None None 1.0 to less than 3.0 acres 1 1,500 sq. ft.
3.00 acres to less than 5.00
acres 2 3,000 sq. ft.
5.00 acres to less than 10.00
acres 2 4,000 sq. ft.
1 rural use
building***
(3 total)
4,000 sq. ft. including
non-agricultural
buildings
Lot Size
Number of Accessory
Structures 120 square feet or
smaller
One (1) acre or smaller 6
Over one (1) acre and up to five (5) acres 12
Over (5) acres unlimited
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Proposed Amendments to Accessory Building Standards
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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
10.00 acres to less than 20.00
acres 2 6,000 sq. ft.
2 agricultural
buildings (4
total)
6,000 sq. ft. including
non-agricultural
buildings.
20.00 acres to less than 30.00
acres 3 8,000 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 3 10,000 sq.
ft.**
40.00 acres to less than 60.00
acres 4 12,000 sq.
ft.**
60.00 acres to less than 80.00
acres 4 14,000 sq.
ft.**
80.00 acres and larger 5 16,000 sq.
ft.**
* 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).
** If the property has no attached garage, one detached garage up to 24’x 36’ in
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.
*** Ice fishing houses greater than 120 square feet that are stored on parcels of
land during non-winter months shall be deemed to be an accessory structure.
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Proposed Amendments to Accessory Building Standards
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(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 feedlots and manure storage sites shall
be setback as follows:
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 to 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
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Proposed Amendments to Accessory Building Standards
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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.
(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 may be granted in all Zoning Districts.
(F) The preservation of the structure or building shall not conflict with other
policies, regulations and requirements, including setback requirements.
(G) The exception shall not create an unreasonable burden on adjacent
properties/owners.
(H) 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.
Section 2 Amendment. Ordinance No. 122, the City of Scandia Development Code
(“Development Code”, or “Code”), Chapter Two, Section 4.16 Domestic Fowl on Lots
Smaller Than Five Acres, subsection (D)5 shall amend the size of a coop requiring a
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Proposed Amendments to Accessory Building Standards
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building permit from “larger than 120 square feet” to “larger than 150 square feet”, as
follows:
4.16 Domestic Fowl on Lots Smaller Than Five Acres
(A) The keeping of up to five (5) domestic fowl on a lot that is smaller than five (5)
acres does not require a City permit.
(B) The total number of domestic fowl may not exceed ten (10) fowl per acre
on a parcel that is between one (1) and five (5) acres in size. Up to five (5)
domestic fowl are permitted on a parcel that is less than one (1) acre in size.
(C) The principal use of the property shall be single-family residential and
contain a single-family residential structure. Domestic fowl shall not be permitted
on vacant properties or those containing multi-family residential uses. Coop
structures used to house domestic fowl that are greater than 120 square feet in size
shall comply with the Accessory structure limitations on the number and size of
residential accessory structures permitted by Chapter 2, Section 3.2 of the
Development Code.
(D) The keeping of domestic fowl on lots smaller than five (5) acres shall
comply with the following standards:
1. Hen chickens are permitted and roosters are prohibited on parcels that are
less than five (5) acres in size.
2. All chickens shall be of the subspecies Gallus gallus domesticus. All fowl
species kept on parcels smaller than five (5) acres shall be domesticated
varieties.
3. Guineafowl are prohibited (members of the Family Numididae, genus
Agelastes, Numida, Guttera, or Acryllium) and Peafowl (Peacocks) are
prohibited (Pavo cristatus, Pavo muticus, and Afropavo congensis).
4. Fowl may be slaughtered on the property in locations that are not visible to
the public or adjacent properties.
5. If the coop is larger than 150 square feet, the owner shall obtain a building
permit. If electricity is to be provided for hearing or lighting, the owner
shall obtain an electrical permit.
Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
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Proposed Amendments to Accessory Building Standards
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Passed and adopted by the City Council of the City of Scandia this 20th day of August, 2019.
____________________________________
Christine Maefsky, Mayor
ATTEST:
_______________________________________
Brenda Eklund, City Clerk