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5.c) EXAMPLE Ordinance No 131 Accessory Structures 10 15 13Ordinance No. 131 Page 1 of 4 CITY OF SCANDIA ORDINANCE NO.: 131 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 3.2 REGARDING 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 amended to read as follows: 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 than the principal building on a lot 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. 3. The location of the structure preserves or creates a historic farmstead cluster. An administrative permit is required to determine if the proposed building and location are consistent with the appearance and/or function of a historic farmstead. (May need to add a definition of historic farmstead, or examples in Design Guidelines.) Ordinance No. 131 Page 2 of 4 (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. They may not be rented, leased, or sold separately from the rental, lease, or 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, except for agricultural structures such as silos and historic buildings and structures. (C) On parcels that exceed 3.0 acres in size, the City may grant an exception to the number or total square footage of accessory structures on the parcel for Historic Buildings and Structures. Structure locations shall meet all setback requirements. Property owners shall obtain an administrative permit for such exemptions. (C) The permitted total square footage and number of all accessory structures is 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 1 720 sq. ft. None None 1 acre to 3.00 acres 1 1,000 sq. ft. More than 3.00 acres and less than 5.00 acres 2 2,500 sq. ft. 5.00 acres to 10.00 acres 2 3,000 sq. ft. 1 rural use building*** (3 total) 4,000 sq. ft. including non- agricultural buildings More than 10.00 acres to 20.00 acres 2 3,500 sq. ft. 2 agricultural buildings (4 total) 6,000 sq. ft. including non- agricultural buildings. More than 20.00 acres to 30.00 acres 2 4,500 sq. ft. No limit provided structures are agricultural buildings. No limit provided structures are agricultural buildings More than 30.00 acres to 40.00 acres 2 5,500 sq. ft. More than 40.00 acres to 60.00 acres 2 6,000 sq. ft. More than 60.00 acres to 80.00 acres 2 7,000 sq. ft. More than 80.00 acres 2 8,000 sq. ft. * One detached garage up to 24’x36’ in size is permitted in addition to the number of accessory structures listed in Section (C), above. The total area of structures including the garage shall meet the lot coverage requirements. ** 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 Ordinance No. 131 Page 3 of 4 stored on parcels of land during summer months shall be deemed to be the permitted shed. *** 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. (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 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 1.2. 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 with applicable setback requirements and lot coverage standards. (C) No accessory building shall exceed 35 feet in height. Ordinance No. 131 Page 4 of 4 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 15th day of October, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk