HomeMy WebLinkAboutOrd. 483 Accessory StructuresCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 483
AN ORDINANCE REPEALING ANDOVER CITY CODE TITLE 12 CHAPTER 6
ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES AND REPLACED WITH:
CHAPTER
ACCESSORY STRUCTURES, USES AND TEMPORARY STRUCTURES
SECTION:
12-6-1:
Definition
12-6-2:
Construction Prior To Principal Structure
12-6-3:
Accessory Structure Height
12-6-4:
Size And Construction Requirements
12-6-5:
Location And Setback Requirements
12-6-6:
Temporary Structures
12-6-1: DEFINITIONS:
A. Accessory Structure: For the purpose of this chapter, "accessory structure" shall
mean garages, sheds, utility buildings and structures, and similar uses accessory
to principal structures and uses.
B. Building Height: For the purposes of this section, building height shall mean the
vertical distance from the average of grade (the average finished ground level
adjoining the exterior of the building) to the average height of the highest roof
surface.
12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL STRUCTURE: No accessory
structure shall be permitted on any lot prior to the principal structure except by Conditional
Use Permit.
12-6-3: ACCESSORY STRUCTURE HEIGHT: The maximum building height of
accessory structures shall be limited as follows:
A. Residential Districts: Except as provided by Section 12-3-5 of this Title, no
residential accessory structure shall exceed the building height of the principal
structure, and in the R-4 zoning district the maximum accessory structure building
height shall not exceed fifteen (15) feet.
B. Business or Industrial Districts: Maximum accessory structure height in a
commercial or industrial district shall be equal to the building height of the principal
structure, except by conditional use permit or except subject to Section 12-3-5.
12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS:
A. Residential Districts:
Accessory Structure Area: If an accessory structure or portion thereof serves to
satisfy the minimum garage size requirements of Section 12-3-5, then that area,
whether attached or detached, will not be deducted from the maximum allowable
area of accessory structures. The maximum allowable area of residential
accessory structures must not exceed the area specified below:
a. Lots In The R-4 District and Lots Less Than 1 Acre — In the R-4 District and in
all other residential districts, on lots of less than one (1) acre the maximum
allowable area of accessory structures shall not exceed fifty percent (50%) of
the principal structure foundation area (excluding attached garage); and the total
combined area of attached garage and accessory structures shall not exceed
one thousand two hundred (1,200) square feet, whichever is less.
b. Lots 1 Acre To Less Than 5 Acres -- In residential districts other than the R-4
district, on lots of at least one (1) acre but less than five (5) acres, the maximum
allowable area of accessory structures shall not exceed the principal structure
foundation area (excluding attached garage).
c. Lots 5 Acres And Larger -- In residential districts other than the R-4 district, on
lots of five (5) acres and larger, the maximum allowable area of accessory
structures shall be limited only by the setbacks and maximum impervious land
coverage requirements of this code.
B. All Districts: Accessory structures shall not occupy more than twenty five percent
(25%) of any required rear yard
C. Construction Requirements:
1. To preserve residential neighborhood aesthetics and property values, accessory
structures located:
• closer than the principal structure to a property line fronting on a public right of
way; or
• within the Metropolitan Urban Service Area [MUSA Boundary]; or,
• on any lot of less than two and a half (2.5) acres,
shall be located and designed to be architecturally compatible with the principal
structure, use and neighborhood.
Architectural compatibility shall be accomplished by integrating the exterior design
elements and finishes of the principal structure, use and neighborhood into the
residential accessory structure. Architectural features may include:
roof pitch (minimum 4:12 required), soffits, gables, dormers,
fenestration (placement of windows/doors);
exterior finish colors and textures consistent with or complementary to the
principal structure;
• decorative exterior finishes, siding, wainscot and veneers (brick, stone,
stucco, EFIS, etc.),
• decorative lighting, and
• landscaping.
2. Except as allowed by Section 12-6-5 C for Farm Animals/Livestock, exterior roof
and wall finishes of galvanized or unfinished metal panels are not allowed on
residential accessory structures.
Where a determination of architectural compatibility cannot be made by the
Building Official or Zoning Administrator, the determination must be made in
accordance with Title 9, Section 9-1-4.
12-6-5: LOCATION AND SETBACK REQUIREMENTS:
A. Setbacks:
1. Front Yard Setbacks:
a. In all districts accessory structures shall not be located nearer the front lot line
than the principal structure; except on residential lots with a lot area of one (1)
acre or more, the minimum front yard setback is sixty feet (60').
b. In all districts, front yard setbacks for accessory structures are the same as for
principal structures (See Section 12-3-5); except as specified below:
Accessory structures located on a corner lot adjacent to a lot that fronts on
cul-de-sac, shall be setback at least as far as the principal structure on the
adjacent cul-de-sac lot.
Where less than the minimum right-of-way required by City Code Section
11-3-3 exists, accessory structure setbacks shall be measured assuming
the right-of-way width required by City Code 11-3-3.
iii. Accessory structures located in a yard adjacent to a county road shall have
a minimum setback of fifty (50) feet from the property line; except in the R-4
district, where the minimum setback shall be forty (40) feet.
iv. For lots abutting county roads or arterial streets, where less than 120 feet of
right-of-way exists, the setback for accessory structures shall be measured
assuming a sixty -foot (60') right-of-way on each side of the existing right-of-
way centerline.
2. Side Yard and Rear Yard Setbacks
a. Residential Districts: In all residential districts, accessory structures shall be
setback at least five (5) feet from side and rear lot lines.
b. Business and Industrial Districts: In business and industrial districts,
accessory structures shall be setback at least ten feet (10') from side and rear
lot lines, subject to provisions for the abutting residential zone provided herein.
B. Drainage and Utility Easements: Accessory structures and structures shall not be
constructed or placed in a drainage or utility easement.
C. Farm Animals/Live Stock: No enclosed accessory structure (barn or shed) in which
farm animals, pleasure/recreational animals or poultry are kept may be located within
one hundred (100) feet of a residential dwelling. No stationary or moveable open
animal shelter may be located within fifty (50) feet of an adjacent residential lot unless
the owner of the adjacent lot is the same party. The City Council may order the owner
of any farm animals to apply for and obtain a Conditional Use Permit if it is deemed to
be in the interest of the public health, safety, or general welfare.
12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be allowed by
either administrative approval or by Conditional Use Permit as otherwise provided by this
title.
A. Administrative Approval: Temporary structures allowed by administrative review and
approval by the city administrator include construction trailers, shipping and storage
containers and tents. Temporary structures allowed by administrative approval,
other than construction trailers, shall be limited to six (6) months in duration. The
City Council may extend the six (6) month time limit, if special circumstances exist.
1. Construction Trailers -- Construction trailers shall be allowed administratively
through the commercial site plan review process and building permits. No
trailers shall be allowed to be used as temporary sales offices.
2. Tents -- Tents for private parties and promotional sales events shall be allowed
up to ten (10) calendar days per year. A tent permit must be applied for by the
property owner or their agent. The Fire Department will review and approve or
deny the application based on conformance with the Minnesota State Fire
Code.
3. Shipping and Storage Containers -- In all zoning districts, moveable shipping
and storage containers shall only be allowed subject to the following limitations:
Containers, with or without contents, must not be on a lot for more than
thirty (30) continuous days.
ii. In no case may a moveable container be used as a permanent or temporary
structure or accessory structure.
iii. Containers must be placed at least fifteen (15) feet back of curb or
pavement edge, only within the allowed driveway and shall not interfere with
traffic sight lines.
4. Permits And Fees --- No permit fees are required for construction trailers.
Permit fees for tents shall be set as stated in Subsection 1-7-3A of this code.
B. Conditional Use Permit: Temporary structures allowed by Conditional Use Permit
shall be reviewed subject to the following regulations:
1. There shall be a time limit established for temporary structures to remain on a
site as a part of the Conditional Use Permit review during the construction
process.
2. Prior to issuance of a temporary structure permit, a site plan review must also be
approved.
3. Security measures such as lighting and including connections to the main
structure shall be reviewed as a part of the Conditional Use Permit.
4. Parking shall be subject to the provisions of Section 12-14-10 of this title.
5. Signage shall be subject to the provisions of Section 12-14-9 of this title.
6. The Conditional Use Permit will address the date the temporary structure shall be
removed from the property. The applicant will provide a written long-term plan for
its removal.
7. Temporary structures shall follow the required structure setbacks. The temporary
structure is to be located to the side or rear of the site and will be reviewed as a
part of the Conditional Use Permit.
8. All applicable requirements of and the Minnesota State Building Code and
Minnesota State Fire Code shall be met.
9. Provisions for water and sewer servicing a temporary structure shall be subject to
the review and approval of the building official.
10. Upon sale or transfer of ownership of the property, the Conditional Use Permit
shall be brought up for renewal or the temporary structure shall be removed.
All other Titles, Chapters and Sections of the City Code shall remain as written and
adopted by the Andover City Council.
Adopted by the City Council of the City of Andover this 17th day of July, 2018.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, City Clerk lie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 483 SUMMARY
AN ORDINANCE REPEALING ANDOVER CITY CODE TITLE 12 CHAPTER 6 ACCESSORY
BUILDINGS AND TEMPORARY STRUCTURES AND REPLACED WITH TITLE 12
CHAPTER 6 ACCESSORY STRUCTURES, USES AND TEMPORARY STRUCTURES
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety and welfare. The Repeal and
Replacement of this section was done to allow for a rewrite for ease of understanding, included "shipping and
Storage Containers" language, defined "architecturally compatible" and Language related to architectural
standards for lots "less than 2.5 acres" vs. "less than 3 acres" has been modified, this change would
allow for vertical steel siding on lots 2.5 acers or greater vs. the current 3 acres or greater.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 17th day of July, 2017.
ATTEST:
C� i�4i'Y'1(il
Micl elle Hartner, Deputy City Clerk
CITY OF ANDOVER
u e Trude, Mayor