ITEM 4.1TPC3601 Thurston Avenue N, Suite 100 ITEM 4-1
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@bP1anningCc.corn
MEMORANDUM
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 27 February 2015
RE: Otsego — Zoning Ordinance; Accessory Buildings
TPC FILE: 101.01
BACKGROUND
The City has initiated an update of the Zoning Ordinance and Subdivision Ordinance
following adoption of the 2012 Comprehensive Plan. The Planning Commission is
revisiting portions of Section 16 related to accessory building area. This review is
timely as changes to the State Building Code require changes to these provisions.
Exhibits:
A. Draft Section 18 (changes are highlighted)
ANALYSIS
Setbacks. The State Building Code has been updated to increase the area of a
detached accessory building requiring a building permit from 120 square feet to 200
square feet. Section 20-16-4.B.3 of the Zoning Ordinance establishes setback
requirements for detached accessory buildings based on a 150 square foot threshold.
City staff is proposing to amend the Zoning Ordinance to base the setback requirements
on the updated Building Code threshold of 200 feet. Detached accessory buildings less
than 200 square in area are subject to all yard requirements but may encroach to within
five feet of an interior side or rear lot line, whereas detached accessory buildings 200
square feet or larger must be setback 10 feet from an interior side or rear lot line or 20
feet from a rear lot line abutting a public street.
Exceptions. To provide clarity in the application of the accessory building regulations,
City staff would propose to add an exception under Section 20-21-4.A stating that open
decks, patios, gazebos, play equipment or similarly unenclosed structures are exempt
from the accessory building number and area limits.
R -4A and R-4 District Area Limits. The Planning Commission previously discussed
the area allowances for detached accessory buildings in the R -4A and R-4 Districts,
which are single family lots served by sanitary sewer having a minimum lot area of
18,000 square feet and 12,000 square feet respectively. The Zoning Ordinance
currently allows an attached garage up to 1,000 square feet plus one detached
accessory building with a maximum area of 150 to 360 square feet based on the area of
the lot shown in the table below. The table below also identifies the accessory building
limits for lots less than one acre in area in communities surrounding Otsego for
comparison purposes.
City
Number Allowed
Area Limits
Albertville
2
Garage up to 1,000 sf, plus 150sf, total 1,150sf.
Dayton
1 detached in addition to garage
800sf.
Elk River
2
1,200sf. (total of attached/detached)
Otsego
1
1,000sf. attached garage +
150sf. lots > 15,000sf.
220sf. lots > 18,000sf.
360sf. lots < 18,000sf.
Ramsey
2 for lots less than 0.5ac.
3 for lots larger than 0.5ac.
1,500sf. (total of attached/detached)
1,800sf. (total of attached/detached)
Rogers
1 detached in addition to garage
528sf. in addition to 950sf. garage
St. Michael
2
1,200sf. total of attached/detached)
Otsego separates the allowance of attached and detached accessory building area,
which is easier to administer from the standpoint of detached structures added after
construction of the home upon a lot. The Planning Commission has previously
discussed increasing the area for an attached garage to 1,080 square feet to
accommodate a 30 foot by 36 foot dimension. Based on the changes to the State
Building Code, City staff would recommend that the detached accessory area for
structures less than 18,000 feet be established as 200 square feet. For lots larger than
18,000 square feet, the Planning Commission discussed possibly increasing the
maximum area allowed. Example dimensions are below.
■ 20ft. x 18ft. = 360sf.
or 2.0% of 18,000sf
■ 20ft. x 20ft. = 400sf.
or 2.2% of 18,000sf
■ 20ft. x 22ft. = 440sf.
or 2.4% of 18,000sf
■ 20ft. x 24ft. = 480sf.
or 2.7% of 18,000sf
■ 20ft. x 26ft. = 520sf.
or 2.9% of 18,000sf
■ 20ft. x 28ft. = 560sf.
or 3.1 % of 18,000sf
■ 20ft. x 30ft. = 600sf.
or 3.3% of 18,000sf
2
lot / 8.0% with 1,080sf
lot / 7.2% with 1,080sf
lot / 8.4% with 1,080sf
lot / 8.7% with 1,080sf
lot / 8.9% with 1,080sf
lot / 9.1 % with 1,080sf
lot / 9.3% with 1,080sf
attached garage
attached garage
attached garage
attached garage
attached garage
attached garage
attached garage
City staff believes that the current 360 square foot allowance for a detached accessory
building on lots larger than 18,000 square feet is appropriate in scale relative to lot sizes
and the intended urban character of the R-4 and R -4A Districts. Detached accessory
structures that are 400 square feet or larger are the equivalent of a two car garage,
which for most properties would be in addition to the attached garage required by the
Zoning Ordinance to be at least 480 square feet. There has also been little interest in
detached accessory structures of this size with fewer than 10 permits issued since the
current area limits were established in August 2008. The Planning Commission is
asked to provide direction as to amendment of the area limits for lots larger than 18,000
square feet.
R-5 and R-6 District Area Limits. The Zoning Ordinance allows one detached
accessory structure up to 150 square feet in area and 1,150 square feet of total
accessory building area with an attached garage. Based on the changes to the State
Building Code, City staff would recommend that the accessory area allowances for
these districts be changed to 200 square feet for a detached structure and 1,280 square
feet total when there is an attached garage up to 1,080 square feet.
CONCLUSION
The Planning Commission will review the proposed Zoning Ordinance amendments for
accessory buildings at their meeting on 2 March 2015.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
SECTION 18
PUBLIC PROPE TY4RIGHTc_nGMA ACCESSORY USES AND BUILDINGS
Section
20-18-1: GeveragePurpose
20-18-2: ,yAccessory Uses and Buildings
20-18-3: Outdoor Storage
20-18-4: Waste and Recycling Containers
20-18-5: Swimming Pools
20-18-6: Sales in Residential and Agricultural Zoning Districts
il�jiij 11111110 MW IN "I''
N 41-1
20-18-1: PURPOSE: The purpose of this Section is to provide performance standards for
the erection, siting and use of accessory buildings, structures and uses that may be allowed
within the various zoning districts to ensure compatibility with the principal use and with
surroundina properties. as well as to protect the aeneral health, safetv and welfare of the
community.
20-18-2: ACCESSORY USES AND BUILDINGS:
A. Time of Construction: No detached accessory building or structure shall be
constructed on any lot prior to the time of construction of the principal building to
which it is accessory.
AB. Exceptions:
Farm epeFatinns Accessory buildings used for agricultural purposes as
defined by this Chapter are exempt from the rani iiromonts area limits.
he limits and building type and construction standards of this
subsection and are regulated by Section 25 of this Chapter.
18-1
2 R MH Distrin+: Accessory buildings, uses, and equipment within the RH-1
District shall be as regulated withinthe dictFiGtPrnVicinnS „f Section 68
of this Chapter.
3. For the purposes of this section, decks. patios, gazebos, play equipment
and similar unenclosed structures are exempt from the accessory building
number and area limits.
43C. Detached Single Family and Two Family Uses:
1. No accessory use, building, structure or equipment shall be allowed within
a required front yard—and. with the exception of an attached garage, no
accessory building, s#ruGtu;e,use or equipment may be placed within a
front yard within the R -C, R-1, R-2, R-3, R -4A, R-4, R-5, R-6 and R-7
Districts.
2. No accessory building, structure, and/or detached garage for a single
family dwelling shall occupy more than ten (10) percent of the area of the
required rear yard in the A-1, A-2, R -C, R-1, R-2 and R-3 Zoning Districts
or not more than twenty-five (25) percent of the area of the required rear
yard in the R -4A, R-4, R-5, R-6, and R-7 Zoning Districts.
3. Setbacks and Encroachment:
a. Attached accessory structures shall conform to principal
building setbacks required for the zoning district in which the
structure is located.
b. Detached accessory structures may encroach into required
side or rear yard setbacks when located in the rear yard of
the lot, but shall not encroach into the required setback for a
yard abutting a public street of a corner lot:
(1) Detached accessory structures not exceeding one
hundred fifty (1 Frn two hundred (200) square feet in
gross floor area shall be setback at least five (5) feet
from side or rear lot lines abutting other lots or ten
(10) feet from a rear lot line abutting a public right-of-
way in the case of a through lot.
(2) Detached accessory structures with a gross floor area
larger than one hi indFed fifty (150) two hundred (200)
square feet shall be setback at least ten (10) feet from
side or rear lot lines abutting other lots or twenty (20)
feet from a rear lot line abutting a public right-of-way
in the case of a through lot.
HM
C. No accessory structure shall be located within a required
buffer yard, drainage and utility easement or public right-of-
way.
4. Attached Accessory Garages.
a. The minimum floor area of an attached garage shall be four
hundred eighty (480) square feet.
b. The maximum floor area of an attached garage shall be one
thousand eiahty (1,080) square feet, except as provided for by
Section 20-18-4.B.4.c of this Chapter.
C. Within the A-1, R -C, R-1, and R-2 Districts, the floor area of an
attached garage may exceed one thousand eiahty (1,080) square
feet provided that the maximum floor area does not exceed one
thousand five hundred (1,500) square feet or sixty-five (65) percent
of the building footprint of the principal dwelling (not including the
area of the attached garage), whichever is less.
5. Detached accessory buildings and structures within the A-1 and A-2
Zoning Districts.-
a.
istricts:
a. The total floor area allowed for all detached accessory structures
shall be as follows:
Lot Area
Maximum Total Floor Area
of All Detached Accessory
Structures
1.00 ac. or smaller
4-,0891.080 square feet
1.01 ac. to 2.00 ac.
1,500 square feet
2.01 ac. to 3.00 ac.
2,000 square feet
3.01 ac. to 4.00 ac.
2,500 square feet
4.01 ac. to 5.00 ac.
3,000 square feet
5.01 ac. to 6.00 ac.
3,500 square feet
6.01 ac. to 7.00 ac.
4,000 square feet
7.01 ac. to 8.00 ac.
4,500 square feet
8.01 ac. to 9.00 ac.
5,000 square feet
9.01 ac. to 10.00 ac.
5,500 square feet
10.01 ac. and larger
6,000 square feet
18-3
b. For parcels located within the sewer service district or long range
urban service area or those parcels with an area of five (5) acres or
less:
(1) In no case shall the floor area of an individual detached
accessory building exceed one thousand five hundred
(1,500) square feet for parcels with an area of five acres or
less.
(2) The total floor area of all accessory structures shall not
exceed two hundred (200) percent of the gross floor area of
the principal structure, or shall not exceed the maximum
combined accessory area allowed based upon lot size, as
outlined in this section, whichever is least.
C. There is to be no more than two (2) detached private garages or
accessory structures for each single family dwelling.
6. Detached accessory buildings and structures within the R -C, R-1, R-2,
and R-3 Zoning Districts:
a. The total floor area allowed for all detached accessory buildings
shall be as follows:
Lot Area
Maximum Total Floor Area of All
Detached Accessory Structures
0.00 to 1.00 ac.
x;0981.080 square feet
1.01 to 2.00 ac.
1,500 square feet
2.01 ac. or larger
2,000 square feet
b. In no case shall the floor area of an individual detached accessory
building exceed one thousand five hundred (1,500) square feet.
C. The total floor area of all accessory structures shall not exceed two
hundred (200) percent of the gross floor area of the principal
structure, or shall not exceed the maximum combined accessory
area allowed based upon lot size as outlined in this section,
whichever is least.
d. There is to be no more than two (2) detached private garages or
accessory structures for each detached single or two-family
dwelling.
7. Within the R -4A and R-4 Zoning Districts:
a. The combined gross floor area of attached and detached
accessory buildings shall be as follows:
Lot Area
Maximum Total Floor
Maximum Gross Floor
Area of all Attached
Area of a Detached
and Detached
Accessory Structure
Accessory Structures
When an Attached
Garage Exists on the
Same Lot
0.00 to 15,000 >
X01.280 square
4-50200 square feet
18,000 square feet
feet
15,001 sq yore foot to
18,000 sq lore feet
1,220 sq lore fee
sq lore foot
18,001 square feet or
1,440 square feet
360 square feet
larger
b. In no case shall the floor area of an individual detached accessory
building exceed one thousand (1,000) square feet.
C. There shall be no more than one (1) detached accessory structure
with a gross floor area larger than one hU R dreg fifty (1 5n)two
hundred (200) square feet per lot.
8. Within the R-5, R-6, and R-7 Zoning Districts:
a. No accessory detached building shall occupy more than ene
hundred fifty (150)two hundred(200) square feet when
accompanied by an attached garage on the same lot, nor
shall the combined total floor area of accessory detached
structures and/or an attached garage exceed one thousand
one hundred fifty (1,150) square feet.
b. There shall be no more than one (1) detached accessory
structure with a gross floor area larger than one hundred fifty
4503two hundred (200) square feet per lot.
GD. Except as was otherwise noted, accessory buildings and uses for all principal
uses other than single family detached dwellings shall conform to the setback
requirements specified for the respective zoning district in which they are located.
-DE. Except in the case of single family detached dwellings, accessory buildings shall
not exceed thirty (30) percent of the gross floor area of the principal buildings. In
those cases where this standard is exceeded, a planned unit development
conditional use permit shall be required.
18-5
F. Except as expressly allowed by conditional use permit, accessory buildings shall
comply with the following height limitations:
Zoning
District Maximum Height
A-1
District limit but not higher than the principal building
A-2
District limit but not higher than the principal building
R -C
16 feet
R-1
16 feet
R-2
16 feet
R-3
16 feet
R -4A
16 feet
R-4
16 feet
R-5
16 feet
R-6
16 feet
R-7
16 feet
R -B
16 feet
INS
District limit but not higher than the principal building
B-1
16 feet
B-2
16 feet
B-3
16 feet
B -W
20 feet
B -C
District limit but not higher than the principal building
1-1
District limit but not higher than the principal building
1-2
District limit but not higher than the principal building
1-3
District limit but not higher than the principal building
2. Accessory buildings other than garages shall be limited to ten (10) feet in
height on all two-family, q adramiROUm or townhouse unit or multiple
family lots, except by conditional use permit.
G. Building Type and Standards.
Except for public uses owned by the City of Otsego or as may be
expressly allowed by this Chapter or by conditional use permit subject to
Section 20-16-4.118-2.H of this Chapter, the same or suitable quality
exterior finish building materials used for the principal building and allowed
by Section 20-17-43 of this Chapter shall be used in all accessory
buildings over one hundred fifty (150) square feet.
2. The design of all accessory buildings shall be compatible with that of the
principal building on the lot. "Compatible" means that the exterior
appearance of the accessory building is similar to the principal building
from an aesthetic, building material and architectural standpoint so as not
to cause a difference to a degree to cause an incongruity or a nuisance.
The City shall also give consideration to the function of the accessory
building when evaluating its compatibility with the design of the principal
building for the purposes of this section.
3. Pole buildings as defined by this Chapter are allowed as a permitted
accessory structure within the A-1 and A-2 District provided that:
a. The lot or parcel lies within the Rural Service Area or Urban Service
Area ReseFveExpansion Area, as defined by the Comprehensive
Plan.
b. The lot or parcel on which the building is to be constructed has an
area of five (5) acres or greater.
1H. Conditional Use Permits. Application for a conditional use permit under this
Section shall be regulated by Section 4 of this Chapter. SUGh a GORditinnal rico
pem tand may be granted provided that:
1. There is a demonstrated need and potential for continued use of the
structure and the purpose stated.
2. In the case of residential uses, no commercial or home occupation
activities, except as expressly permitted by and in accordance with this
Chapter, are conducted on the property. This restriction shall include the
storage of materials and equipment which are unrelated to the on-site
residential use and activity.
3. The building has an evident re -use or function related to the principal use.
4. Accessory building shall be maintained in a manner that is compatible with
the adjacent uses and does not present a hazard to public health, safety
and general welfare.
20-18-3: OUTSIDEOUTDOOR STORAGE:
18-7
A. Residential and AgFiCE#IUses: Except as provided in this Chapter, all outside
storage of materials and equipment for residential uses (eXGlU ding forms) shall
be stored within a building or fully screened so as not to be visible from adjoining
properties and the public right-of-wav, except for the following:
Clothes lines pole and wire.
2. Not more than two (2) currently licensed recreational vehicles, trailers and
equipment (not including racing cars) provided that:
a. In the front yard, provided the recreational vehicles and equipment
are located on an established driveway, entirely on the equipment
or vehicle owner's property and not upon any public right-of-way.
b. In the side yard only when abutting an attached or detached
garage, provided that:
(1) The recreational vehicles and equipment are not closer than
five (5) feet from the side lot line.
(2) The area on which the recreational vehicles and equipment
are stored shall be surfaced with asphalt, concrete or paving
brick.
3) The recreational vehicles and eauipment shall not be within
the setback required from a public right of way for the side
yard of a corner lot except for a side yard when abutting a
major collector or arterial street and then may not encroach
into a required bufferyard.
C. In the rear yard not closer than ten (10) feet from the rear lot line
and/or five feet (5) feet from the side lot lines and then may not
encroach into a required bufferyard.
3. Off-street parking of currently registered and operable passenger vehicles
as in accordance with Section 21 of this Chapter.
34. Construction and landscaping material currently being used on the
premises.
5. Lawn furniture or furniture used and constructed explicitly for outdoor use.
6. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person or persons on whose property it is stored.
RM
B. Other Uses. Outdoor storaae for non-residential uses shall besubject to the
requirements established within the respective zoning districts in which the use is
located.
20-18-4: REFUSE AND WASTE AND RECYCLING CONTAINTERS:
...-.. -.... r.-..-., r-....-- -•- - -• -- --'- -' --- - -' - r- '" --- ---- - - - - -- -- ------J .- -.
days, and all materials stores outside in violation of City Cede previsions aree
non idererd refuse or junk and shall be dispesed of. Except as provided for by this
section, all waste and recycling- containers shall be stored within the principal
structure or within an accessory building or enclosure.
B. Single Family Residential Uses: Exterior storage of waste and recycling
containers not stored within the principal structure shall be located in side or rear
yards and shall be setback a minimum of five (5) feet from all property lines.
2C. Other Uses: All refuse, recyclable materials, and necessary handling equipment
including but not limited to gaFba +e Gans' waste and recvclinq containers
and d impsters shallbenot stored within the principal structure;or within an
accessory build ing-,--er shall be totally screened from eye level view from all
neighboring uses and the public right-of-way within an enclosure subject to the
following conditions:
a1. Exterior wall or fence treatment shall be similar and/or complement the
principal building.
b2. The enclosed trash and/or recycling receptacle area shall be located in the
rear or side yard and shall observe all applicable setback requirements
and shall not encroach upon any drainage and utility easements.
G3. The trash and/or recycling enclosure must be in an accessible location for
pick-up hauling vehicles.
d4. The trash and/or recycling receptacles must be fully screened from view of
adjacent properties and the public right-of-way by a solid fence or wall of
at least six (6) feet in height and a minimi im opaqueness of eighty (S2f11
nom.
e5. All dumpsters, ronvnling bine hondlin- ary.I t a-Rdwaste and recycling
containers and enclosures shall be kept in a good state of repair with tight-
fitting lids to prevent spilling and spread of debris.
6. The design and construction o,,h fall #a-shwaste and recycling enclosures
shall be per standards established sby the Gity Building Official and ull
designs and-eeestruGt+en eteach enGIOsUres shall be subject to the
Building Off"Gial's app review and approval of the Zoning Adminstrator.
4 GempliarnG ' For publiG health purposes,uses existing oon_the effe vp
date of this Chapter shall (E)Me-intE) GeMplianGe nn later than 1 1onuons
i 995.
20-18-5: SWIMMING POOLS:
A. All above or below ground swimming pools shall be subject to the setback
requirements for accessory structures established by Section 20-18-2 of this
Chapter.
B. Administrative Permit. An administrative permit shall be required for all
swimming pools that causes or has the capacity to retain water with a depth
greater than thirty (30) inches as defined by Section 20-2-2 of this Chapter that
do not require a building permit. Each application for an administrative permit to
construct or erect a swimming pool shall be accompanied by plans of sufficient
detail to show:
1. The proposed location and its relationship to the other buildings and
structures on the lot.
2. The size of the pool.
3. Fencing and other fixtures existing on the lot including utility locations and
trees.
4. The location, size and types of equipment to be used in connection with
the pool, including but not limited to, filter unit, pump, fencing and the pool
itself.
5. A plan for drainage of the pool explaining drainage method and location.
6. That the requirements contained in Section 20-18-5.0 will be satisfied.
18-10
C. All swimming pools as defined by this Chapter shall be provided with safeguards
to prevent children from gaining uncontrolled access. This may be accomplished
with fencing or other enclosure of sufficient density as to be impenetrable.
1. Fences. If fences are employed, they shall be at least four (4) feet in
height. The opening between the bottom of the fence and the ground or
other surfaces shall not be more than four (4) inches. Fences shall be of a
non -corrosive material and shall be constructed so as to be not easily
climbable. All fencing openings or points of entry into the pool enclosure
shall be equipped with gates or doors. All gates or doors to swimming
pools shall be equipped with self-closing and self -latching devices placed
at a sufficient height so as to be inaccessible to small children. All fence
posts shall be decay or corrosion -resistant and shall be set in concrete
bases or other suitable protection.
2. Accessory decks. Above ground pools with an accessory deck
constructed within three (3) feet of the pool shall install a thirty-six (36)
inch guard rail around the deck. All openings shall be equipped with self-
closing and self -latching gates.
3. Pool covers. All above ground swimming pools shall be covered when not
in use by a cover constructed of a material which prevents uncontrolled
access. Pool covers, whether they can be locked or not, do not alone
meet public safety requirements if the cover is of the type that can collect
and hold natural water.
4. Ladders. For all above -ground swimming pools utilizing a ladder for pool
access, ladders shall be removed from the pool area when not in use to
prevent uncontrolled access.
20-18-6: SALES IN RESIDENTIAL AND AGRICULTURAL ZONING DISTRICTS:
A.p, erSonaIPassenger Vehicles, Trailers, Recreational Equipment, and Similar
Items.
1. The merchandise sold in residential areas shall be the personal property
of the occupant.
2. Sales of such personal merchandise shall be limited to no more than two
(2) merchandise items per calendar year, unless approved by the Zoning
Administrator.
3. Merchandise items for sale shall not be placed in any portion of the public
right-of-way, publiG boulevard, or required front yard abutting a public
18-11
right-of-way except upon a designated, improved driveway that complies
with the requirements of Section 21 of this Chapter.
4. For sale signs on or in such merchandise shall be limited to two (2) four
4�square feet.
B. Garage or Rummage Sales:
1. Merchandise offered for sale shall be the personal property of the
occupant.
2. Sales shall be limited to a maximum of four (4) consecutive days and
occurring no more than two (2) times within one (1) calendar year per
property, unless approved by the Zoning Administrator.
3. Merchandise items for sale shall not be placed in any portion of the public
right-of-way, public boulevard, or required front yard except a designated,
improved driveway that complies with the requirements of Section 21 of
this Chapter.
4. Signs shall be governed by Section 37 of this Chapter.
18-12