Watertown City Council

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1 Request for Action Watertown City Council February 26, 2015 Agenda Item: Consider Zoning Ordinance Amendment PC DATE: Request for Action: Review Staff Presentation Department: Planning CC Date: N/A REQUEST: The Planning Commission started the process of updating the City s Zoning Ordinances in 2010/2011. Several changes were made to the ordinances during that time; however, there were a number of changes that were never finalized. Staff would like the Planning Commission to complete several important changes to the ordinance. APPLICABLE REGULATIONS: Sec Accessory buildings and structures. (a) Accessory buildings and structures in residential districts shall be subject to the following regulations: (1) Setback. Accessory buildings and structures attached to or part of the principal building shall maintain the same setbacks as required for the principal building. A building permit is required for all accessory buildings and structures. a. Accessory buildings shall be at least five feet from side lot lines, and five feet from rear lot lines. b. No detached accessory building shall be erected or moved within five feet of the principal structure. c. In the case of a corner or double frontage lot, accessory buildings shall be restricted to the building setback lines for the principal structure. (2) Location. a. Accessory buildings may be erected in rear yards or side yards provided a minimum 15- foot setback is maintained for the accessory building from the front line of the principal structure. No accessory buildings may be constructed within a front yard or corner side yard. b. Accessory buildings shall not be permitted within an easement. (3) Height. No accessory building shall exceed one story or 17 feet in height. (4) Size. No accessory building shall exceed 1,000 square feet in area. (5) Accessory buildings in aggregate shall not exceed 15 percent of the lot area.

2 (6) Design characteristics. In all cases, accessory buildings shall be constructed of materials similar to the principal structure, and in character with the surrounding built environment, as determined by the city planner. (7) The requirements of this section do not apply to domesticated animal enclosures (doghouses), provided such structure is less than 15 square feet in area and five feet in height. (b) Accessory buildings in commercial and industrial zoning districts shall maintain setbacks as defined for principal structures. All accessory buildings and structures for commercial and industrial uses shall require site plan approval. (1) Commercial fuel island canopies where permitted, shall maintain a minimum front setback of fifteen feet and a minimum 20 feet interior side and rear yard setback. (c) Accessory structures that are constructed in any required yard shall not occupy more than 30 percent of the yard area in which it is located. The 30 percent maximum shall include the total of all accessory buildings and structures. All accessory structures require a permit. Accessory structures may be erected with the following provisions: (1) Location. Accessory structures shall not be constructed in such a way to impede drainage ways or interfere with overland flow easements. (2) Driveways. Driveways shall be permitted in all yards. Driveways of houses with three or more garage [stalls] shall have a maximum width of 30 feet at the property line and curb. Driveways of houses with two or fewer garage stalls shall have a maximum width of 24 feet at the property line and curb. Homes in a cul-de-sac, regardless of garage size, shall have a maximum driveway width of 24 feet at the property line and curb, unless otherwise specified as part of the subdivision approval *. Each unit or home shall have one driveway in accordance with the maximum width stated above, and shall not be shared with other adjacent units or lots. The driveways shall be separated by landscaping, grass, or other similar applications. An individual lot may be permitted a second driveway access provided: a. The minimum distance between the drives, as measured at the property line, shall not be less than 7. b. Maximum amount of hard, semi-permeable or permeable surface shall not exceed 45 percent of the required front yard. * Note: In Kings Highlands, a maximum driveway width of 16 feet is required for Lots 9 17, Block 2, Kings Highlands except within an area of 3 out from the garage. Refer to Exhibit H in the Kings Highlands Development Agreement. (3) Decks. Decks above grade are permitted in rear and side yards. Decks are not permitted in required side or corner side yards. Decks and patios at or below grade are permitted in all yards.

3 BACKGROUND: The City began the process of updating the ordinances to better respond to and serve the needs of the residents and City. Planning Commissioners and staff went through several iterations of changes to the proposed zoning ordinance without finalizing the changes. Staff would like to review the ordinance with the Commission and have a discussion about various ordinances that may need to be amended. One of the notable ordinances that staff would like to amend is the accessory structure ordinance. The current accessory structure ordinance has some conflicting requirements and is difficult to interpret. Please review the attached accessory structure ordinance for discussion at the meeting.

4 Article V. Supplementary District Regulations. 2/23/2015 Ordinance, Watertown Subdivision Ordinance and the Minnesota State Building Code. (Ord. No. 193, E(1.14), ; Ord. No. 244, 5, ) Sec XX. Accessory buildings and structures.intent. (a) The intent of this section is to establish the minimum regulations for accessory buildings and structures in order to protect the public health, safety and welfare; to protect use areas; to promote orderly development; to provide adequate light, air, and convenience of access to property; to provide for compatibility of different uses; to prevent overcrowding of land and undue concentration of structures. Section 62-XX. Timing. No detached accessory building, deck, gazebo, concrete patio, storage shed, fence, public or private swimming pool or spas shall be constructed on any lot prior the time of construction of the principal building to which it is necessary. Section 62-XX. Setback and other requirements for zoning districts. Accessory buildings and structures in residential districts shall be subject to the following regulations:table, except as otherwise stated in other sections of the code. Formatted: Font: Not Bold Type 1 Attached buildings 2 3 Attached structure (ie. decks 1, porches) Detached accessory buildings larger than 150 square feet (not including storage sheds) 4 Storage shed 5 Swimming pools, spas Setback Same as principal structure Front: 1 from principal building front line Side: 10 feet Rear: 2 Front: 1 from principal building front line Corner Side: Same as principal structure Side: 10 feet Rear: 20 feet Front: 1 from principal building front line Corner Side: Same as principal structure Interior Side: 10 feet Rear: 20 feet Distance from principal structure Height 12 feet 12 feet Maximum Maximum number Size per lot 3 no min SF combined type 1, 3 & 4 or 10% no max. no max. no max SF combined type 1, 3 & 4 or 10% 1 12 feet 150 SF 1 Design no max. 1 of each See Section XX Constructed of materials similar to the principal structure, and in character with the surrounding built environment, as determined by the city planner. Constructed of materials similar to the principal structure, and in character with the surrounding built environment, as determined by the city planner. Constructed of materials similar to the principal structure, and in character with the surrounding built environment, as determined by the city planner. Formatted Table 1

5 Article V. Supplementary District Regulations. 2/23/ Decks shall be subject to the setback requirements of the principal structure, and shall meet the rear yard setback requirements of the princiapl structure or extend up to ten feet from the principal structure whichever permits the larger deck. In no case shall the deck be closer than five feet from the side or rear property lines. 2 A maximum of 750 square feet of Type 1, 3 & 4 or 10% per lot whichever is greater. 3 A maximum of one detached garage and one storage shed shall be permitted per lot. Table XX. Accessory building and structure standards for all other districts. Setbacks Distance from principal structure As defined for principal structures 1 30% Maximum lot area Formatted Table Formatted: Highlight 1 Except for commercial fuel island canopies where permitted, shall maintain a minimum front setback of fifteen feet and a minimum 20 feet interior side and rear yard setback. (a) All accessory buildings and structures larger than 120 square feet for business, commercial and industrial uses shall require site plan approval. (b) Location. Accessory structures shall not be constructed in such a way to impede drainage ways or interfere with overland flow easements. (c) The requirements of this section do not apply to domesticated animal enclosures (doghouses), provided such structure is less than 15 square feet in area and five feet in height. Formatted: Bullets and Numbering (1) Setback. Accessory buildings and structures attached to or part of the principal building shall maintain the same setbacks as required for the principal building. A building permit is required for all accessory buildings and structures. a. Accessory buildings shall be at least five feet from side lot lines, and five feet from rear lot lines. b. No detached accessory building shall be erected or moved within five feet of the principal structure. c. In the case of a corner or double frontage lot, accessory buildings shall be restricted to the building setback lines for the principal structure. (2) Location. a. Accessory buildings may be erected in rear yards or side yards provided a minimum 15-foot setback is maintained for the accessory building from the front line of the principal structure. No accessory buildings may be constructed within a front yard or corner side yard. b. Accessory buildings shall not be permitted within an easement. 2

6 Article V. Supplementary District Regulations. 2/23/2015 (3) Height. No accessory building shall exceed one story or 17 feet in height. (4) Size. No accessory building shall exceed 1,000 square feet in area. (5) Accessory buildings in aggregate shall not exceed 15 percent of the lot area. (6) Design characteristics. In all cases, accessory buildings shall be constructed of materials similar to the principal structure, and in character with the surrounding built environment, as determined by the city planner. (7) The requirements of this section do not apply to domesticated animal enclosures (doghouses), provided such structure is less than 15 square feet in area and five feet in height. 3

INFORMATIONAL HANDOUT FOR GARAGES AND ACCESSORY BUILDINGS RESIDENTIAL PROPERTIES ZONED R-3 (SINGLE FAMILY, MIN. LOT 11,000 SQ. FT.

7100 147 th Street West Telephone (952) 953-2588 Apple Valley, MN 55124-9016 Fax (952) 953-2515 www.cityofapplevalley.org INFORMATIONAL HANDOUT FOR GARAGES AND ACCESSORY BUILDINGS RESIDENTIAL PROPERTIES