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5. Option 2-Ordinance No 159 Draft additional performance standards 2 3 14Ordinance No. 1597 Page 1 of 3 CITY OF SCANDIA ORDINANCE NO.: 159 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, DEFINITIONS AND CHAPTER 2, SECTION 32.0 REGARDING DEVELOPMENT STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 3.1 4.0, Development StandardsStandards for Uses, shall be amended to read as follows: 4.2 Accessory ApartmentsDwelling Unit. An accessory apartment dwelling unit shall comply with all of the following standards. (1) There shall be no more than one accessory apartment dwelling unit t on a parcel. within the single-family dwelling unit. The creation of an accessory dwelling unit shall not create a separate tax parcel. (1) (2) The A residential use that includes an structure in which an accessory apartment dwelling unit is located shall be owner-occupied. Both the primary and accessory uses shall be under unified ownership. (3) No separate curb cut shall be permitted for the accessory apartment unitdwelling unit. (3)(4) An accessory dwelling unit shall include a maximum of one bedroom. (5) The owner shall obtain an administrative permit once a year in the month of January for the duration of the use, presenting at the time of such renewal, proof in the form of an affidavit that the circumstances for which the permit was issued have not changedfor the accessory dwelling unit. a. The zoning administrator shall conduct the administrative review of all applications for an accessory dwelling unit. All findings and decisions of the zoning administrator shall be final, subject to appeal to the City Council. b. Prior to issuance of a permit establishing an accessory dwelling unit, the owner(s) shall file with the Washington County recorder a covenant by the owner(s) to the City of Scandia stating that the owner(s) agree to restrict use of the principal and accessory dwelling units in compliance with the requirements of this section, and notify all prospective purchasers of those requirements. Formatted: Font: 11 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: No bullets or numbering Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 1", No bullets or numbering Formatted Formatted: Indent: Left: 1.25", No bullets or numbering Formatted Formatted: No bullets or numbering Ordinance No. 1597 Page 2 of 3 c. The covenant shall run with the land and be 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 shall be in a form prescribed by the zoning administrator that includes the legal description of the zoning lot. The property owner(s) shall return the original covenant with recording stamp to the zoning administrator before the building permit for the accessory dwelling unit is issued. d. At the request of a property owner and upon an inspection finding that an accessory dwelling unit has been removed from the owner’s property, the zoning administrator shall record a release of any previously recorded covenant for that accessory dwelling unit. (6) Accessory dwelling units that are internal to a principal structure or accessory structure (garage) shall comply with the following requirements: a. Accessory dwelling units that are internal to a principal structure or an accessory structure are permitted in all zoning districts. b. The height of an accessory dwelling unit shall not exceed the height of the principal structure. c. Internal accessory dwelling units are limited to eight hundred (800) square feet. In no case shall the floor area of the internal accessory dwelling unit exceed the floor area of the first floor of the primary structure or accessory structure. d. The entire internal accessory dwelling unit shall be located on one level. e. The creation of the accessory dwelling unit shall not result in additional entrances facing the public street on the primary structure. f. The appearance or character of the principal building shall not be significantly altered to create the accessory dwelling unit so that its appearance is no longer that of a one- family dwelling. g. Any stairways leading to the accessory dwelling unit shall be enclosed. h. The primary exterior materials of the accessory dwelling unit shall match the primary exterior materials of the principal structure. i. The accessory dwelling unit must abide by the primary structure setbacks. (7) Detached accessory dwelling units shall also comply with the following requirements: a. Detached accessory dwelling units are permitted in the Village Neighborhood (VN), Agriculture Core (AG C), Agriculture Preserves (AP), and General Rural (GR) Districts on parcels that are a minimum of one (1) acre in size. b. A detached accessory dwelling unit shall not exceed the height of the principal residential structure or twenty (20) feet, whichever is less. In no case shall the highest point of the roof the detached accessory dwelling unit exceed the highest point of the roof of the principal residential structure. c. The floor area of a detached accessory dwelling unit shall not exceed one-thousand (1,000) square feet, including any areas designed or intended to be used for the parking of vehicles and any half-story area. When a lot includes a detached accessory dwelling unit, the combined floor area of the footprint of the detached accessory dwelling unit, and all other accessory structures on the parcel shall be consistent with the number and size of accessory structures permitted by the Development Code. d. The detached accessory dwelling must be located in the rear yard of the primary residence e. The detached accessory dwelling unit will not result in the loss of significant trees or require major site alteration. Formatted Formatted: No bullets or numbering Formatted Formatted: Indent: Left: 0.5", No bullets or numbering Formatted Formatted Ordinance No. 1597 Page 3 of 3 f. The distance between the detached accessory dwelling unit and the habitable portion of the principal structure shall be a minimum of twenty (20) feet. g. Design Standards for detached accessory development units: i. The exterior finish material shall match in type, size, and placement, the exterior finish material of the principal building. ii. The roof pitch shall match the predominant roof pitch of the principal building. iii. Tim shall match the trim used on the principal building. Projecting eaves shall match those of the principal building. iv. Windows shall match those in the principal building in proportion (relationship of width the height) and orientation (horizontal or vertical). h. Not less than ten (10) percent of the total area of the façade of a detached accessory dwelling unit facing a public street shall be windows. i. Exterior stairways shall be allowed, provided that the finish of the railing matches the finish or trim of the detached accessory dwelling unit. Raw or unfinished lumber shall not be permitted on an exterior stairway. (8) Rooftop decks shall not be allowed on accessory dwelling units. (9) Home occupations are permitted in accessory dwelling units, provided that the combined impacts of home occupations in the accessory dwelling unit and principal dwelling unit conform to the standards and limitations for home occupations in this Development Code. 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 18th day of November________, 20145. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk Formatted Formatted