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7. Accessory structure ordinance - Staff memo to PC 11.5.19 Memorandum To: Scandia Planning Commission Reference: Accessory Structure Ordinance – Proposed amendments Copies To: Ken Cammilleri, City Administrator Brenda Eklund, City Clerk Project #: 17123.000 From: Merritt Clapp-Smith, Planner Date: October 25, 2019 SUBJECT: Proposed amendments to Accessory Structure standards – Section 3.2 of Chapter 2 of the Development Code of the City of Scandia MEETING DATE: November 5, 2019 BACKGROUND INFORMATION Proposed amendments to the city’s Accessory Structure standards have been reviewed and discussed at four Planning Commission meetings and one City Council meeting since March 2019. The following DRAFT minutes from the October 1, 2019 Planning Commission meeting describe the current status of the review: At their August meeting, the Planning Commissioners held a public hearing on amendments to Section 3.2 of the Development Code pertaining to Accessory Structures. The amendments provided for increases in the allowed number and total square footage of residential accessory structures, increased the permitted number of sheds 120 square feet and smaller, removed the minimum lot size requirement for exceptions for historic accessory buildings, and provided similar provisions for location of structures in shoreland and river districts. The Planning Commission recommended the City Council approve the amendments, but at their August 20th meeting the Council directed the Commissioners to continue to refine the ordinance based on concerns over the increased number and size of permitted accessory structures and sheds. Maefsky noted her concern that a 1-1/2 acre property could have up to 12 small sheds as permitted by the proposed ordinance. Maefsky recommended the definition of accessory Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 2 of 11 structure be redefined to exclude dog houses, playhouses, chicken coops and storage units under 20 square feet and remove the chart (3)(C) entirely. Another point of concern was the increase to allow 12,000-16,000 square foot residential (non-agricultural) accessory structures on properties 40 acres and greater. Hannah Weber and Tom Tauzell, 21087 Olinda Trail, commented on the amendments. Six sheds on small lots under an acre would be objectional, and an unlimited number on properties over 5 acres seems foolish. Staff clarified that the intent to regulate the number of structures is to manage visual impacts due to cluttered properties. A nuisance ordinance can more effectively address clutter issues than zoning ordinances, but a clear definition of a structure would help on the enforcement side. Staff was directed to prepare adjustments to the proposed ordinance amendments for further discussion at the next meeting. The following proposed amendments reflect the most recently discussed revisions to the ordinance. PROPOSED AMENDMENTS 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 4.2 of Chapter 1 and Section 3.2 of Chapter 2 of the Development Code of the City of Scandia are hereby amended as follows: Chapter 1, Section 4.2 Definitions (3) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (328) Structure: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, recreational vehicles not meeting the exemption criteria specified in Section 9.1 (1) of Chapter Six, and other similar items. Used interchangeably with Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 3 of 11 “building” for purposes of this Development Code. Structures do not include playhouses, dog houses, chicken coops, or storage units under 20 square feet. Chapter 2, Section 3.2 Accessory Structures 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 120 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: 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. RATIONALE: The city wants to limit properties from having a proliferation of structures, but considers a few types of small structures to be special use and not a concern. These types of structures can be exempted from other structure limits be not being classified as ‘structures’. Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 4 of 11 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) The permitted total square footage and number of accessory structures greater than 120 square feet in size are limited as follows: RATIONALE: Proposed increases in the allowed number and total square footage of accessory structures shown below protects the public interest of city residents, while providing individual property owners a bit more flexibility to have accessory structures on their property. Structures under 120 square feet are small enough to have minimal impacts and therefore are recommended for exemption from the overall number and size limit for accessory structures on a property. Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 5 of 11 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 1,000 720 sq. ft. None None 1.0 to less than 3.0 acres 1 1,500 1,000 sq. ft. 3.00 acres to less than 5.00 acres 2 3,000 2,500 sq. ft. 5.00 acres to less than 10.00 acres 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 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 3 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 3 2 10,000 5,500 sq. ft.** 40.00 acres to less than 60.00 acres 4 2 12,000 6,000 sq. ft.** 60.00 acres to less than 80.00 acres 4 2 14,000 7,000 sq. ft.** 80.00 acres and larger 5 2 16,000 8,000 sq. ft.** ** 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. ** 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 greater than 120 square feet that are stored on parcels of land during non- winter months shall be deemed to be the permitted shed. Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 6 of 11 * * * * 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 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 RATIONALE: The above reference to allowing one structure under 120 square feet is no longer needed, since accessory structures under 120 square feet are proposed for no regulation. The proposed code revisions are consistent with code Section 4.16(C) regarding coops. RATIONALE: The above allowance is no longer needed since the number of structures allowed on 5-10 acres lots is proposed to be greater. Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 7 of 11 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. (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. RATIONALE: All other requirements and conditions must be met and therefore a minimum lot size is duplicative and not necessary. Some historic situations might occur on small lots. Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 8 of 11 (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. Scandia Planning Commission November 5, 2019 Proposed Amendments to Accessory Building Standards Page 9 of 11 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 November 5, 2019 12’ x 12’ (144 sq ft) greenhouse 10’ x 16’ (160 sq ft) salt box 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 30’ x 40’ (1,200 sq ft) – pole barn 10’ tall Standards for accessory structures Scandia Planning Commission Page 11 For discussion only on November 5, 2019 At left: Example of a 12,000 square foot structure on a 40-acre parcel. Below: Example of a 16,000 square foot structure on 80- acres.