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7. Scandia- Draft update Accessory Structures Ordinance3.2 Accessory Structures 1) Required Permits. A building permit is required for all accessory structures except: a. agricultural buildings as defined in the Development Code; b. non-agricultural accessory structures that are 120 square feet or less. An administrative permit is required for all agricultural buildings and non-agricultural accessory structures that are 120 square feet for less. 2) All Accessory Structures. The following standards apply to all accessory structures: a. No accessory structure may be constructed on a lot prior to the construction of the principal structure on the lot. b. No detached accessory structure, including storage sheds, may be located closer to the front lot line than the principal building on the lot, unless one of the following conditions applies: i. The accessory structure is located on a lot in the Shoreland Overlay; ii. The accessory structure is located on a lot five (5) acres or more in size and is placed at least two hundred (200) feet from the front lot line; or, iii. The accessory structure is located on a lot less than five (5) acres in size, is necessary to meet the Exterior Storage requirements of this Chapter, and the physical conditions on the lot (including but not limited to steep slopes, the location of wetlands, the location of the principal structure, prevent the location of the accessory structure within the side or rear yard. c. Accessory structures must meet all applicable setbacks and impervious surface requirements, including the accessory structures permitted pursuant to Section 3.2(2)(b). d. If the property owner proposes to locate an accessory structure closer to the front lot line than the principal structure pursuant to Section 3.2(2)(b), the property owner must submit a plan for the proposed accessory structure to and obtain an administrative permit from the Zoning Administrator. The Zoning Administrator may require the property owner provide for additional screening of accessory structures that are located closer to the front lot line than the principal structure. e. The height of any accessory structure is limited to the permitted building height in each zoning district. 3) Residential Accessory Structures and Agricultural Buildings. The following additional standards apply to all residential accessory structures and agricultural buildings: a. Residential accessory structures and agricultural buildings may not include a dwelling unit unless the dwelling unit meets the standards of Section 4.2 Accessory Dwelling Units” of this Development Code. Accessory structures or portions of accessory structures that meet the standards of Section 4.2 of this Development Code may be rented or leased. Other accessory structures shall not be rented, leased, or sold separately from the sale of the principal structure on the lot. b. The permitted total square footage and number of all accessory structures is as follows: Commented [CN1]: Definition of agricultural building: A structure on agricultural land designed, constructed, and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sublessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products. Commented [CN2]: Front lot line is a specifically defined term in the ordinance, so it may be easier to simply to front lot line. Definition: Lot Line, Front: That boundary of a lot that abuts a public street or a private road. In the case of a corner lot, it shall be the shortest dimension of a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner. In the case of a corner lot in a non-residential area, the lot shall be deemed to have frontage on both streets Commented [CN3]: Ordinance and draft state lakeshore, but lakeshore is not a defined term like shoreland overlay, and there are situations in which the Code applies to Riverfront property. This provision should apply there as well, this draft changed lakeshore to “Shoreland Overlay”. Commented [CN4]: This provision allows for some administrative flexibility. At the same time, based on the description here, if a person qualifies for this, they likely qualify for a variance as well. This could be a point for Planning Commission and Council debate: do they want to have this be a variance. There are pros and cons to each. Commented [CN5]: NOTE: for the front-yard accessory structures, in GR districts, the front yard setback is 40 ft. Given the nature of the shoreland lots in the GR district, it may be unlikely that front yard accessory structures will meet the front yard setback. Residential Accessory Structures Agricultural Buildings Lot Size* Total number of allowed accessory structures** Total allowed residential accessory structure square footage*** Total number of allowed agricultural buildings Total allowed agricultural building square footage Less than 1 acre 1 1,000 sq. ft. None None 1.0 to less than 3.0 acres 1 1,500 sq. ft. None None 3.0 to less than 5.0 Acres 2 2,000 sq. ft. None None 5.0 to less than 10.0 acres 2 3,000 sq. ft. 1 1,000 sq. ft. 10.0 to less than 20.0 acres 2 3,000 sq. ft. 2 2,500 sq. ft. 20.0 to less than 30.0 acres 2 3,500 sq. ft. No limit No limit 30.0 to less than 40.0 acres 2 4,000 sq. ft. No limit No limit More than 40.0 acres 2 4,500 sq. ft. No limit No limit For purposes of determining the number of allowed accessory structures and/or agricultural buildings, the lot size of parcels within the Shoreland Overlay shall include only the area of the lot that is above the Ordinary High Water Line (OHWL). For residential accessory structures, the total allowed number of accessory structures in the table above is in addition to one garage, whether attached or detached. For lots on which one garage already exists, whether attached or detached, the placement of a second garage shall count toward the accessory structure limit in the table above. For total allowed residential accessory structure square footage, the square footage of any garage shall count toward the total residential accessory structure square footage limit. For example, if a 0.5 acre lot contains a 750 sq. ft. garage, an additional accessory structure may be placed on that lot, but the size of that additional accessory structure may not exceed 250 sq. ft. c. Attached accessory structures are not permitted within the Village Center district. d. Residential accessory structures must match the primary exterior materials and color of the principal structure. 4) Placement of Accessory Structures on Contiguous Residential Lots. Accessory structures, including but not limited to detached garages and agricultural buildings, may be placed as a sole use on a vacant lot contiguous to a residential lot containing a principal residential structure under the following conditions: a. The lots are owned by the same property owner; Commented [KC6]: This draft includes changes to the amount of allowable square footage and number of structures. These changes are included because the existing table puts forth rather unusual limits. City Attorney Chris Nelson offered this example,” allowing 8,000 sq. ft of residential accessory structure on an 80 acre parcel, but limiting the structures to 2 units. It seems like an invitation to build an airplane hangar, which is about the only way a person could have that amount of accessory space under 2 units.” This remains an important point in which a policy decision should be made. How much square footage and the number of structures really should reflect the design and growth objectives set forth in the comprehensive plan. Bottom line, this table must be revisited in the rewrite process to better reflect more realistic requirements, or rather the accessory structure ordinance be divided based on zoning districts. As a side note, the term “rural building” was removed due to inconstancy with existing definitions and term use in the code. Commented [KC7]: The is the key change that would exempt existing attached accessory structures from the limits about. The current code only exempts one detached accessory garage if the property does not have one. Commented [CN8]: This is a specifically defined term in Ch. 1: Contiguous: Parcels of land that share a common lot line or boundary. Parcels that are separated by a road right-of-way, easement, or railroad right-of-way are considered contiguous for the purposes of this Development Code. The lot consolidation ordinance does not mention the word contiguous, rather using abutting. In platted developments, the City will own a substantial amount of right-of-way separating lots across the street from one another. These lots are contiguous per the Development Code definition, but they are not abutting per a dictionary definition of that term. I have not seen the consolidation of lots that are not physically touching, and such consolidation may create right-of-way issues, so consolidation remains potentially not permitted by ordinance, and also a concern from a best practices perspective. Regardless, the addition of contiguous may be helpful here as defined in ordinance. It requires the lots be touching, or at most separate by streets, which further limits the applicability of this provision. b. The accessory structure to be placed on the contiguous lot cannot be built on the lot with the principal residential structure in conformance with the Development Code; c. The accessory structure must be built in a location on the contiguous lot that is within 200 feet of the principal residential structure; d. The accessory structure meets the structural limits in Section 3.2(3)(B); e. The accessory structure on the contiguous lot must match the primary exterior materials and color of the principal residential structure; f. The accessory structure and any other impervious surfaces including driveways and sidewalks shall not exceed the total lot coverage allowed for the zoning district for the contiguous lot on which the accessory structure is located; g. If the accessory structure on the contiguous lot requires the addition of a driveway, a driveway permit must be obtained through the City; and, h. The property owner must record a covenant acknowledging the owner’s agreement that principal lot and contiguous lot must be sold together as if the lots constituted a single property. i. Covenant Requirements. 4. The covenant shall run with the land; 5. The covenant shall be in a form prescribed by the Zoning Administrator and shall include the legal descriptions for the lots; and, 6. The property owner shall return the original covenant with the same recording stamp to the zoning administrator before any building or administrative permit for the accessory structure shall be issued. Commented [CN9]: By the plain language of this draft, a variance application would not be required. Commented [CN10]: This is de facto consolidation.