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2. Memo - Accessory Building Discussion 1 City of Scandia Zoning & Development Code Update February 10, 2022 TO: Mayor, City Council, and Planning Commission CC: Ken Cammilleri, City Administrator Evan Monson, Consulting City Planner Chris Nelson, City Attorney FROM: Jennifer Haskamp, AICP, SHC RE: Accessory Building Discussion for UDC SUMMARY The following excerpts regarding Accessory Building Standards from the draft Unified Development Code (UDC) is provided for review and discussion. There are three sections in the draft code that address accessory buildings and accessory dwelling units. Section 153.200 Zoning Districts addresses accessory buildings in several places. In the draft table of each Zoning District the location and size of accessory buildings is addre ssed, and the size standards are referenced which are contained in Subdivision 6 of Section 153.200. Accessory Buildings and Accessory Dwelling Units are also addressed in Section 153.300 Allowed Uses, with Use Specific Standards established for Accessory Dwelling Units. Section 153.400 Character and Building Standards provides architectural standards/guidance for Accessory Buildings. Excerpts from each draft Section of the UDC are provided for reference and ease. Summary of Accessory Building Standards in UDC: ▪ No changes to total square footage or number of accessory buildings was changed or altered. ▪ The new zoning district, Rural Residential – Neighborhood, permits Accessory Buildings anywhere on a lot, but must meet all required yard setback requirements. Reminder, this Zoning District is primarily established for smaller lots and the majority are riparian. All other Zoning Districts require the Accessory Building to be located behind the principal structure ▪ Language was added to Subd. 6, subsection I., to clarify that if no attached garage is present that one detached garage not to exceed 864 SF is permitted and will NOT count towards the total allowable SF or number of accessory buildings permitted as defined on Table 21. Accessory Building Dimensional and Size Standards. 2 ▪ The general architectural standards included in Section 153.400 were not changed. Additional, clarifying standards, are added to the Character Area Standards. The standards added are specific to Accessory Buildings located in FRONT of the Principal Building when visible from the ROW. Discussion Questions: The City Staff has indicated that the City Council and Planning Commission would like to discuss the accessory building standards, and to consider revising the standards. Some of the questions identified by staff for discussion at the February 16th work session include: ▪ Should Accessory Building Standards be based on Lot Size (current) or should they change to Zoning District (revised)? o If based on Zoning District, are there any districts that the lot size should further dictate the allowable SF and/or Number of buildings? For example, perhaps there is a maximum SF in the Village Center, but standards are correlated to lot size in the Agricultural Core Zoning District? o Could approach as a hybrid. Allow a percentage of lot area, but cap it within the Zoning District. ▪ Should Accessory Buildings be permitted on non-contiguous lots under the same ownership? If yes, should this be permitted in all Zoning Districts? Some? If lots are within a certain distance? Only separated by ROW, etc.? ▪ Should there be a difference between Agricultural Accessory Buildings and Non-Agricultural Accessory Buildings? Should this difference be reserved for the Agricultural Preserves Zoning District, or all? ▪ Are the design standards in Section 153.400 acceptable? Should they be more or less restrictive, or are they just right? 3 SECTION 153.200 Zoning Districts The following subdivision is an excerpt from Section 153.200 Zoning Districts. Please refer to the draft copy of the full section 153.200 to reference/review the tables from each Zoning District. Subd. 6. Accessory Building Dimensional Standards for all Base Zoning Districts. The City regulates its Accessory Buildings by lot size and use type which is independent from Zoning District. The following Dimensional and Size Standards are provided for Accessory Buildings. Accessory Building Dimensional Standards Table. Table 21. Accessory Building Dimensional and Size Standards Residential Accessory Structures (Non-agricultural) Agricultural and Rural Buildings Lot Size Number of Structures Total Square Footage (SF) Number of Structures (Maximum) Total Square Footage (SF) Parcels less than 1.0 Acres 1 720 SF None None 1.0 to 2.99 Acres 1 1,000 SF None None 3.00 to 4.99 Acres 2 2,500 SF None None 5.00 to 9.99 Acres 2 3,000 SF 1 agricultural/rural use building (3 total) 4,000 SF including non- agricultural buildings 10.00 to 19.99 Acres 2 3,500 SF 2 agricultural/rural use buildings (4 total) 6,000 SF including non- agricultural buildings 20.00 to 29.99 Acres 2 4,500 SF No limit provided structures are agricultural/rural use buildings No limit provided structures are agricultural buildings 30.00 to 39.99 Acres 2 5,500 SF 40.00 to 59.99 Acres 2 6,000 SF 60.00 to 79.99 Acres 2 7,000 SF 80.00 Acres and larger 2 8,000 SF If the property has no garage, one attached or detached garage is permitted in addition to the number of accessory structures listed in Table 21. Accessory Building Dimensional and Size Standards. This exception is intended to permit a garage for storage of personal vehicles and personal property only. If the garage exceeds 864 square feet in size, any additional square footage above 864 square feet shall count towards the total square footage of residential accessory structures that are permitted on the property by Table 21. The total area of structures, including the garage must 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 meets the Washington County SSTS ordinance requirements outside the area proposed for the garage. 4 One single story shed of 120 square feet or less is permitted in addition to the number accessory structures listed in this Section. Ice fishing houses stored on parcels of land during non-winter months shall be deemed to be the permitted shed. For calculating permitted accessory square footage on parcels within the Shoreland Management Overlay District areas, the area of the lot shall be calculated as the area of the lot outside the Ordinary High Water Level (OHWL). For purposes of determining allowable square footage and number 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. Accessory Building Dimensional Standards for Domestic Farm Animals. Accessory structures used to shelter domestic farm animals, except as provided in Section [153.300.030 Subd. 1.L] shall meet the following requirements. All domestic farm animal structures, feedlots and manure storage sites shall be setback as follows: Table 22. Accessory Building Dimensional Standards for Domestic Farm Animals Natural/Man-Made Features Horizontal Setbacks (Minimum) Any property line 100 Feet Any existing well or residential structure on the same parcel 50 Feet Any seasonal or year-round wetland, lake or stream 200 Feet Any structure, feedlot or manure storage shall not be placed on slopes which exceed 13%. 5 153.300 Allowed Uses The following excerpts from draft Section 153.300 are provided for review and reference/ Section 153.300.020 (B) Excerpt from Table 2. Table of Uses by Base Zoning District The following is the Use Specific Sections as referenced in the Table regarding Accessory Dwelling Units. (A) Accessory Dwelling Unit. An Accessory Dwelling unit (ADU) shall comply with all the following standards: I. No more than one ADU is permitted on a lot. II. The ADU must be owned by the same owner or owners of the principal residential or commercial structure. III. No separate curb cut is permitted for the ADU. IV. The ADU must be connected to an approved on-site waste disposal system that is sized adequately to support the new ADU and the existing Principal Structure [county regulations standards]. V. The ADU is subject to the same zoning dimensional setbacks and height standards identified in the Base Zoning District. VI. When calculating density an ADU is not counted as a density unit. VII. Administrative Permit Requirements: a. Recorded Covenant Required. Prior to issuance of the City’s Administrative Permit authorizing an ADU, the owner(s) must 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 ADU in compliance with the requirements of this UDC. A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific Section Reference Accessory Apartment to Commercial Use CUP CUP CUP CUP 153.300.030 Subd. 1 (A) Accessory Dwelling Unit AP AP AP AP AP AP AP AP AP 153.300.030 Subd. 1 (A) Accessory Structure A A A A A A A A A 6 b. Covenant Requirements. The covenant must run with the land and is 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 must be in a form prescribed by the Zoning Administrator and must include the legal description for the lot. The property owner(s) must return the original covenant with the recording stamp to the Zoning Administrator before the permit for the ADU is issued. c. Application. The owner must make a complete Application to the Zoning Administrator as described in Section [153.500.XXX] of this UDC. d. Notification. Upon the determination that a complete application has been submitted that the property is eligible to receive the required permit, the City will notify all property owners adjacent to the lot where the ADU is proposed in writing of the application, and adjacent property owners will have seven (7) days in which to submit comments or concerns about the application. e. Revocation. If a permitted ADU or the property for which a 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. f. Appeals. Determinations pertaining to the continuing compliance and/or eligibility of a permit or property for an ADU permit are subject to appeal to the City Council. VIII. A lifetime, non-transferrable Accessory Dwelling Unit Occupancy Permit shall be required from the Zoning Administrator to allow an ADU to be rented. For purposes of this provision, a “rented” ADU 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 ADU or occupy an ADU while renting the principal dwelling unit, shall apply for a new Occupancy Permit. a. Conditions. The City may impose conditions on the issuance of an ADU occupancy permit. Such conditions shall be directly related to, and shall bear a rough proportionality to, potential impacts of the ADU. IX. ADUs internal to Principal Structure. Accessory Dwelling Units that are internal to a principal structure shall comply with the following requirements: a. ADUs that are internal to a principal structure are permitted in all Zoning Districts. b. Internal ADUs are limited to one thousand (1,000) square feet in floor area. In no case shall the floor area of the internal ADU exceed the floor area of the first floor of the primary structure or accessory structure. c. The creation of the ADU must not create additional entrances facing the public street on t he primary structure. d. The appearance or character of the principal building may not be significantly altered to create the ADU so that its appearance is no longer that of a single-family dwelling or principal use. 7 e. The primary exterior materials of the ADU must match the primary exterior materials of the principal structure, unless it is located within an existing structure that does not match the primary structure. f. The ADU must abide by the primary structure setbacks. X. Detached ADUs. Accessory Dwelling Units that are detached from the principal structure shall comply with the following requirements: a. ADUs that are located within a detached accessory buildings are permitted in all zoning districts. b. The floor area of a detached ADU must not exceed one-thousand (1,000) square feet. When a lot includes a detached ADU, the combined floor area of the footprint of the detached ADU, and all other accessory structures on the lot must be consistent with the number and size of accessory structures permitted by Section [153.XXX.XXX]. c. The detached ADU must be sited in the rear or side yard of the primary residence, and may not be located closer to the road right-of-way than the principal structure without a variance unless the following conditions are met: The ADU must be consistent with Architectural Standards identified in Section 153.400.040. The ADU is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and All setbacks are met. Design Standards shall not apply to a unit that is located within a barn, silo, or historic structure. d. Design Standards for detached ADUs on lot sizes of 4 acres or less: The exterior finish material must match in type, size, and placement, to the exterior finish material of the principal building. The ADU must be consistent with Architectural Standards identified in Section [153.400.040]. The roof pitch shall match the predominant roof pitch of the principal building. Design Standards shall not apply to a unit that is located within a barn, silo, or historic structure. 8 Section 153.400 Character and Building Standards The following Section is from draft Section 153.400.030 Site and Building Design, General Standards. Residential Accessory Structures. Accessory buildings on parcels less than 20.0 acres in size must provide a minimum one-foot overhang on all sides of the building with finished soffits except when the building is accessory to a principal residential home constructed with no or minimal overhang in which case the overhang of the accessory building must match the overhang of the residential building. All accessory buildings on parcels of 4 acres or less, excluding road right-of-way, must resemble, in style, materials, color, roofline, and siding type, the principal building on the lot, except the following building types may vary from this standard: a. Accessory Buildings 120 sq. ft. or less in size (this exception is not applicable to the General Standards set forth in Section (A)1; b. Greenhouses; c. Gazebos and decorative shelters; d. Historic Buildings The following Section is an excerpt from Section 153.400.040 Character Area Standards. The additional standards regarding Accessory Building Architectural design is specific to the location of the Accessory Building IN FRONT of the principal struc ture. Since RR-N is the only district which permits Accessory Buildings in front of the principal structure, this standard is only found in this Character Area. Character Area: Rural Residential Districts (RR-G and RR-N). This Character Area is defined by rural residential uses including single-family detached structures, small hobby farms, open spaces and associated accessory uses and activities. Structures are typically setback from road rights-of-way and are sited with an attached garage facing the road frontage. Accessory buildings are set behind the principal structure’s primary façade on non-riparian lots and are often set in front of the primary façade on riparian lots. The following standards are established for any non-residential conditional or interim use that proposes a new structure, expansion, or modification of an existing structure. The purpose of the following is to reinforce the character of this area as described herein: a. Architectural Design of Principal Structures. Design of new structures must reference design elements of the existing rural buildings in Scandia including barns, farmhouses and schoolhouses. b. Architectural Design of Accessory Structures. Accessory Structures located in front of the principal structure’s primary façade, or if visible from the public right-of-way, must be designed to be consistent and compatible with the Principal Structure. This standard shall apply to single-family detached residences if the Accessory Structure is visible from the public right-of-way. Design must include a compatible architectural design, and the same or similar material and color palette as that of the Principal Structure. Accessory Structures placed behind the Principal Structure’s primary façade which are not visible from the public right-of-way must be compatible with the Principal Structure but may vary in its color and material selection.