TOWN OF LINWOOD ANOKA COUNTY STATE OF MINNESOTA ORDINANCE NO. 169

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1 TOWN OF LINWOOD ANOKA COUNTY STATE OF MINNESOTA ORDINANCE NO. 169 ORDINANCE AMENDING CHAPTER 8, PART 7, SECTION 2, AND SECTION 3 OF THE TOWN CODE FIFTH REVISION ADDING DEFINITIONS, REPEALING AND REPLACING ACCESSORY USES, BUILDINGS AND STRUCTURES AND HEIGHT LIMITATIONS The Town Board for the Town of Linwood, Anoka County, Minnesota, hereby ordains: A. Chapter 8, Part 7, Section 2, Subd. 2, of the Town Code is amended to insert the following language: Impervious Surface: A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops, decks, sidewalks, patios, swimming pools, parking lots, concrete, asphalt or gravel driveways, and other similar surfaces. Portable Storage Structure: Any container, storage unit, shed-like container or other portable structure, other than an accessory building or shed complying with all building codes and land use requirements, that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. Fish houses and enclosed trailers that have a current license are considered personal property and not storage structures. Shoreland: Land located within the following distances from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream. B. Chapter 8, Part 7, Section 3, Subd. 3 of the Town Code is repealed and replaced with: Accessory Uses, Buildings and Structures. Accessory buildings and structures of any kind (pole barn construction or frame construction) are permitted in the R-A and R-1 Districts, subject to the following restrictions: 1. No accessory building or use shall be constructed or developed on a parcel of land without a principal dwelling unit except under the following conditions: (a) If a building permit for a dwelling unit and a detached accessory building or structure has been issued and adequate progress (footings and foundation block Ordinance 169 Accessory Building Page 1 of 5

2 work) has been made on the construction of the dwelling, the accessory building may be completed and used for storage. (b) If the dwelling unit of the property owner is located on a parcel of land which is adjacent to and contiguous with a parcel proposed for an accessory building or structure, and the parcels have been joined under one property identification number in the offices of the County Treasurer and the County Recorder, the Building Official may issue a permit for building on the vacant parcel. (c) If the dwelling unit of the property owner is located on a parcel of land which is separated by a road or by another parcel from a parcel proposed for an accessory building or structure, the Building Official may issue a permit for the accessory building on the vacant parcel provided that: i. the owner has received the approval of the Town Board following the recommendation of the Planning and Zoning Commission, and ii. the owner has provided proof that the parcels will not be conveyed separately from one another by fully executed and recorded conduit deeds with an appropriate restrictive covenant. 2. The use of portable storage structures are allowed under the following conditions: (a) There shall be no more than one portable storage structure per property. (b) The portable storage structure must be setback a minimum of ten feet from side and rear property lines and 30 feet from road right of way. (c) Exterior shall be maintained free from extensive dilapidation due to cracks, tears, breaks, rust, snow or wind damage or deterioration of plastic, fabric, vinyl, aluminum or other materials. (d) Violations shall be corrected or removed within 30 days. 3. An accessory building or a private garage shall have sidewalls as follows: (a) One story: A minimum of eight feet high and a maximum as set for the acreage in Paragraph 6 and 7, or (b) Two stories: Ceiling height on lower level not to exceed nine feet and upper level not to exceed eight feet. (c) The maximum height shall not exceed the height allowed under Section Subd. 16, Paragraph 8. Ordinance 169 Accessory Building Page 2 of 5

3 4. Except as provided in this section, private garages and accessory buildings shall be harmonious with the style and color of the siding and roofing of the dwelling unit. 5. All parcels with a dwelling unit shall be allowed to have a minimum garage size of 24 x 24 with 9 sidewalls and a maximum roof pitch of 6/12 as long as it meets setback requirements. 6. In R-1 zoning: (a) A parcel of land may have one dwelling unit, one private garage (whether attached or detached), and one or more accessory buildings or structures, as allowed by ordinance, and one storage shed up to 200 Square Feet in size, and one portable storage structure. (b) The maximum size of an accessory building shall be subject to buildable area limitations in Paragraph 11 and limited by the size of the parcel as follows: 1.49 or less acres maximum size of 1,200 sq ft with 12 sidewalls maximum 1.5 to 2.49 acres maximum size of 1,800 sq ft with 12 sidewalls maximum 2.5 to 3.99 acres maximum size of 2,400 sq ft with 14 sidewalls maximum 4.0 acres and larger maximum size of 3,600 sq ft with 14 sidewalls maximum (c) The maximum cumulative square footage may not exceed 3,600 square feet on any size parcel in this zoning district. (d) A private garage, whether attached or detached, shall be no larger than 1,200 square feet. 7. In R-A zoning: (a) A parcel of land that is smaller than six acres may have one dwelling unit, one private garage (whether attached or detached), one or more accessory buildings or structures, as allowed by ordinance, one storage shed up to 200 square feet, and one portable storage structure. (b) A parcel of land that is six acres or larger may have one dwelling unit, one private garage (whether attached or detached), two or more accessory buildings or structures, as allowed by ordinance, two storage sheds up to 200 square feet, and one portable storage structure. (c) The maximum size of an accessory building shall be subject to buildable area limitations in Paragraph 8 and limited by the size of the parcel as follows: 1.49 or less acres maximum size of 1,200 sq ft with 12 sidewalls maximum 1.5 to 2.49 acres maximum size of 1,800 sq ft with 12 sidewalls maximum 2.5 to 3.99 acres maximum size of 2,400 sq ft with 14 sidewalls maximum 4.0 to 5.99 acres maximum size of 3,600 sq ft with 14 sidewalls maximum Ordinance 169 Accessory Building Page 3 of 5

4 (d) A private garage (whether attached or detached) shall be no larger than 1,200 square feet. 8. All lot acreages for accessory building size must be 60% non-wetland that is 1 above mottled soil. Building site itself must be at least 1 above mottled soil. This shall be considered high ground for accessory building purposes. 9. The combined area of all buildings and impervious surface on a parcel of land may not exceed 25% of the total area of the parcel or 25% of the buildable area whichever is more restrictive. 10. Parcels of land in the R-A District which are 20 acres or more in size are exempt from the restrictions set forth in Paragraphs 3, 4 and 5 of this subdivision. 11. If a parcel of land is sub-divided, any existing accessory building needs to be downsized to match the allowable size on the parcel on which it remains. 12. Detached garages and accessory buildings and structures shall not be located nearer the front property line than the dwelling unit with the following exceptions: (a) Lakeshore parcels of land of record on the effective date of this ordinance that are less than one acre, the garages and accessory buildings must be harmonious with the dwelling unit and surrounding properties, and shall have the façade match the materials and colors of the dwelling unit. For purposes of this ordinance, a façade shall be defined as the face of a building, especially the principal front that looks onto a street. Where a building is on the corner of two streets, there may be two facades. Shoreland properties must also comply with Shoreland ordinances. (b) A private garage or accessory building may be placed closer to an adjacent road than the dwelling unit based upon the following criteria: i. The lot size and width are consistent with the yard and area regulations for the district. ii. Building size may never exceed 3,600 square feet in a location closer to an adjacent road than the dwelling unit. iii. A private garage or accessory building must not be placed within the front or side yard setbacks. iv. The placement of a private garage or accessory building must comply with the minimum applicable requirements for location from a well or onsite sewage treatment system. v. Private garages and accessory buildings shall be harmonious with the style and color of the siding and roofing of the dwelling unit. Ordinance 169 Accessory Building Page 4 of 5

5 vi. Any accessory building built in front of the rear line of the dwelling unit, or nearer to the road than the dwelling unit, shall have the façade facing the adjacent road match the materials and colors of the dwelling unit. This includes stone and brick, which may be closely matching, light-weight hang-on type products. 13. Accessory buildings are allowed to have a half bath or utility room but no provision for kitchens, tubs, or showers. C. Chapter 8, Part 7, Section 3, Subd. 16, Paragraph (h) items (a) and (b), of the Town Code are repealed and replaced with: (a) R-A, B Districts. No building or structure shall exceed three stories in height. (b) R-1, R-2 Districts. No building or structure shall exceed two stories in height. i. Accessory buildings in front yards shall not exceed the height of the house, unless subject to Subdivision 3, paragraph 5. ii. Accessory buildings in rear yards shall not exceed the height of the house or the allowable sidewall height for the acreage plus a 6/12 roof, or as allowed by ordinance for two stories. D. Chapter 8, Part 7, Section 3, Subd. 16, Paragraph (h) of the Town Code shall have items (c) and (d) renumbered as (d) and (e) and then have the following words inserted as the newly numbered item (c): (c) Shoreland District. On small lots of less than one acre, accessory buildings shall not exceed the height of the house or as allowed in Subd. 3 Paragraph 5, unless a variance for overall height is issued. E. Chapter 8, Part 7, Section 3, Subd. 16, Paragraphs (a) through (l) shall be renumbered as Paragraphs 1 through 12 respectively. Passed by the Town Board of the Town of Linwood this day of This Ordinance shall be effective upon passage and publication in the official Township newspaper. ATTEST: Michael Halliday, Chairman Pamela Olson, Town Clerk Ordinance 169 Accessory Building Page 5 of 5

ACCESSORY STRUCTURES L D C I TEM #6 S U M M A RY A N A LY S I S

ACCESSORY STRUCTURES L D C I TEM #6 S U M M A RY A N A LY S I S Staff Report to the Municipal Planning Board August 18, 2015 L D C 2 0 1 5-0 0 2 5 3 I TEM #6 ACCESSORY STRUCTURES S U M M A RY Owner N/A Applicant City of Orlando Project Planner Elisabeth Dang, AICP