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HomeMy WebLinkAbout1202 Ord (Chapter 31, Sections 31-101, 31-302 through 31-315, and Section 31-501 through 31-503 Regarding Accessory Structures and GaragesCity of Stillwater Washington County, Minnesota .�7� 71 `/_1 `[IC4LL6a f_' ly, AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTIONS 31-101, 31-302 THROUGH 31-315, AND SECTION 31-501 THROUGH 31-503 REGARDING ACCESSORY STRUCTURES AND GARAGES The City Council of the City of Stillwater does ordain: SECTION 1 AMEND. Chapter 31, Article I, Section 31-101 of the City Code, Definitions, is hereby amended as follows: Sec. 31-101. Definitions. For the purposes of this chapter of the Code the following terms, phrases, words and their derivations shall have the meanings given in this Section 31-101. When consistent with the context, words in the plural include the singular and words in the singular include the plural. Accessory use means a subordinate use customarily incidental to and located on the same lot with the main use. Accessory building or structure means a detached subordinate building or structure customarily incidental to and located on the same lot as the principal building. Accessory buildings or structures are not attached to the principal structure. Carports and shipping containers are not considered Accessory buildings or structures, and are temporary in nature. Accessory use, building, or structure when found in Section 31-400 (Floodplain overlay district) means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. SECTION 2 AMEND. Chapter 31, Article III, Division II, Section 31-302 through Section 31-315, Residential Zoning Districts, is hereby amended as follows: Division 2. Residential Zoning Districts Sec. 31-302. A-P agricultural preservation district. A-P agricultural preservation districts shall be regulated as follows: (a) Purpose. The purpose of the A-P district shall be to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The A-P district is further intended to preserve open space and natural resource areas. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Any other uses or activities determined by the planning commission to be of the same general character as those found in Section 31-315 for the A- P district and that will not impair the future urbanization of the property may be allowed. (c) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (d) Massing regulations. (1) Minimum standards.' Lot area per dwelling 10 acres Lot width 300 feet Lot depth 300 feet Lot depth to width ratio 3:1 Front yard setback 50 feet Side yard setback 25 feet Rear yard setback 75 feet Hei ht Height of residence 2Y2 stories, not to exceed 35 feet Height of agricultural structures 50 feet maximum Height of accessory structures (other than agricultural structures) 20 feet maximum and not exceed height of pprincipal structure (2) Additional setback standards.2 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet (e) Building and unplatted land. A building permit for a residential or nonagricultural building in this A-P district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the director of community development. The plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract must be entered on the official zoning map of the city and is considered the same as a platted lot for purposes of regulating permits on 2 adjacent land. The owners of tracts abutting an existing road, street or highway which has less than city standard width must deliver a warranty deed of dedication acceptable to the city for that amount of right-of-way necessary to comply with the city standards prior to the issuance of the building permit. (f) Agricultural uses. Agricultural uses are permitted with no restrictions as to operation of vehicles or machinery customarily incidental to agricultural uses and with no restrictions to the sale or marketing of products raised on the premises; provided, however, that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry must be located at least 100 feet from residentially zoned land; and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of residentially zoned land. (g) Subdivisions. Any request for subdivision of land in the A-P district must be accompanied with a ghost plat that shows how future urban development can be accomplished. ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-303. LR lakeshore residential district. LR lakeshore residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area 20,000 square feet Lot width 80 feet Lot depth 170 feet Front yard setback House 25 feet Garage front facing) 32 feet Garage side facing) 20 feet Side yard setback; Interior House 10 feet Garage 5 feet Corner House 25 feet Garage 25 feet 3 Rear yard setback (any building, swimming pool, or other structure 85 feet from Ordinary High Water elevation Frontage re uirement2 35 feet Maximum garage area 1,000 square feet Height Main building 2Y2 stories, not to exceed 35 feet Accessory building (garages) 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (d) Design review. Administrative design review by the community development director is required for all permitted and specially permitted buildings or uses in the Lakeshore district. Building siting, grading, drainage, tree protection and erosion control measures must be reviewed by the community development director for each development site. All standards are minimum requirements unless otherwise noted. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 3 Measured from right-of-way line. Sec. 31-304. CTR cove traditional residential district. CTR cove traditional residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area 14,000 square feet Lot width at building setback line 80 feet Lot width on cul-de-sac at front lot line) 40 feet Front yard setback 25 feet rd Front setback for garage See footnote 2 on this page Side yard setback Interior 7.5 feet Corner 20 feet Rear yard 25 feet Building height 2 stories, not to exceed 35 feet Driveway width, maximum at front lot line 14 feet (2) Additional setback standards.2 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-305. RA one -family district. RA one -family districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 10,000 square feet Lot width 75 feet Lot depth 100 feet Front yard setback 30 feet Side yard setback Interior 10 feet Corner 30 feet Rear yard setback 25 feet Maximum lot covers a 30 ercent Frontage requirement 25 feet on an improved public street Height Main building 2'/z stories, not to exceed 35 feet 5 Accessory building 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.2 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet (3) Exceptions - Front yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case a setback of less than 20 feet will be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required. ii. Corner yard. For corner lots where the corner side yard setback or front yard setback for the main building on the adjacent lot on the same street is less than the required setbacks, the corner lot setback for the adjacent main building shall govern, but in no case shall a setback of less than 20 feet be allowed. iii. Side yard. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. iv. Side and rear yard. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-306. TR traditional residential district. TR Traditional residential districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within the TR district. (2) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Average lot area when part of a PUD 10,000 square feet Lot width 65 feet Lot depth NA Front yard setback House 20 feet Gara a front facing) 27 feet Garage (side facing) 20 feet Side yard setback Interior House 10 feet Garage 5 feet, 3 feet if in rear yard Corner House 15 feet Gara a 20 feet Rear yard setback House 25 feet Garage 3 feet Frontage re uirement2 35 feet Maximum garage area 1,000 square feet Height Main building/accessory building 2'/2 stories, not to exceed 35 feet Garages, accessory building 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet (c) Design review. Design review is required for accessory dwelling units or duplex developments subject to traditional development design standards. ' All standards are minimum requirements unless otherwise noted. 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 7 3 Measured from right-of-way line. Sec. 31-307. CCR cove cottage residential district. CCR cove cottage residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area, average 10,000 square feet Lot area, minimum 7,000 square feet Lot width, at building front 60 feet Front yard setback 20 feet Side yard Interior 7.5 feet Corner 20 feet Rear yard 25 feet Minimum lot width at street 30 feet Driveway width maximum (at front property line) 14 feet Building height, maximum 1 2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-308. RB two-family district. RB-two-family districts shall be regulated as follows: (a) Allowable uses. 0 (1) See Table in Section 31-315 for the allowable uses within this district. (2) In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards, regulations and provisions of the Neighborhood Conservation District. (See City Code Ch. 22, Section 22-7, Subd. 5(7)—Heritage preservation commission, additional duties). (3) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Lot area Lot width _Lot depth Front yard setback Main building Garage Side yard setback Interior Main building Garage Exterior corner side Main building Garage Rear yard setback Main building Garage Single-family 7,500 square feet 50 feet2 100 feet 20 feet Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwellina. The total of both side yards must equal 15 feet with at least five feet on each side. Attached: 5 feet Detached in the rear yard: 3 feet 20 feet, 5 feet on interior side Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. 25 feet Attached: 5 feet Detached in the rear yard: 3 feet Two-family 10,000 square feet 75 feet 100 feet 20 feet Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. The total of both side yards must equal 15 feet with at least five feet on each side. Attached: 5 feet Detached in the rear yard: 3 feet 20 feet, 5 feet on interior side Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. 25 feet Attached: 5 feet Detached in the rear yard: 3 feet 9 Frontage requirement 35 feet on improved public street 35 feet on improved public street Maximum lot coverage Buildings 25 percent 25 eercent Impervious surfaces 25 percent 25 percent Hei ht Main building 35 feet maximum 35 feet maximum Accessory building 1 story, not to exceed 20 feet 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet ' All standards are minimum requirements unless otherwise noted. 2 For new corner lots created in the district, the lot width must be a minimum of 70 feet. 3 Measured from right-of-way line. Sec. 31-309. CR cottage residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within the CR district. (2) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Average lot area when part of a PUD 6,000 square feet Average lot area for two-family residences when part of a PUD 9,000 square feet Lot width 50 feet Lot depth NA Front yard setback House 15 feet Garage front facing) 20 feet Garage side facing) 15 feet 10 Side yard setback Interior House 5 feet Garage 5 feet Corner House 15 feet Garage 15 feet Rear yard setback House 25 feet Garage 3 feet Garage for two-family residence 5 feet Frontage re uirement2 30 feet Driveway width at street right-of-way 12 feet, but may taper to 18 feet at back of curb Height Main building 2 stories, not to exceed 28 feet Garages 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.3 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet ' All standards are minimum requirements unless otherwise noted- 2 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 3 Measured from the right-of-way line. Sec. 31-310. TH townhouse residential district. (a) Allowable uses. See Table in Section 31-315 for the allowable uses within the TH district. (b) Massing regulations. (1) Minimum standards.' Lot area per unit 5,006 square feet Front yard setback Residence 20 feet Garage front facing 25 feet Garage side facing 20 feet 11 Side yard setback 25 feet Rear yard setback 25 feet Buildin2 se aration 15 feet Height 2Y2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 1 75 feet (c) Design review. Design review is required for all permitted and specially permitted buildings or uses. ' All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. Sec. 31-311. CTHR cove townhouse residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area per unit 3,000 square feet Setbacks Boutwell Avenue 70 feet Manning Avenue 100 feet Other public streets 30 feet Building separation 40 feet Height 2Y2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet 12 (c) Design review. Administrative design review is required for all permitted and specially permitted buildings or uses. (1) Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. ' All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-312. RCL low density multiple -family residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 20,000 square feet Lot area per unit 7,000 square feet Open sace per unit 1,500 square feet Front setback2 35 feet Side setback2 50 feet Rear setback2 50 feet Principal building separation 50 feet Building Height 35 feet maximum (2) Additional setback standards.3 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Recreation facilities. Ten percent of the gross project area shall be specifically designed, developed and maintained for recreational purposes such as: Children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and 13 groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. ' All standards are minimum requirements unless otherwise noted. 2 Principal and accessory structures must meet this setback standard. 3 Measured from the right-of-way line. Sec. 31-313. RCM medium density multiple -family residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 12,000 square feet Lot area per unit 2,800 square feet Maximum lot coverage 30 percent Maximum floor area ratio 0.75 Front setback Principal buildin 35 feet Accessory building 45 feet Side setback Principal building 20 feet Accessory building 10 feet Rear setback Principal building 45 feet Accessory building 10 feet Principal building separation 35 feet Building Height 3 stories maximum Exceptions: a. One- and two-family dwellings may be allowed to conform to the RB district setback requirements. 14 b. When the adjacent buildings are located with a setback less than is required above, a multiple dwelling may be permitted to be located up to the point of the lesser setback requirement. (2) Additional setback standards.2 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 Northland Ave. to Co Rd. 15 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (c) Recreation facilities. There shall be 200 square feet per dwelling unit or ten percent of the gross project area, whichever is greater, specifically designed, developed and maintained by the owner for recreation purposes in the RCM district such as follows: Children's play apparatus, swimming and wading pools, game areas, such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. ' All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. Sec. 31-314. RCH high density multiple -family residential district. (a) Purpose. The purpose of the RCH district is to provide density requirements for multiple -family dwellings to be built in the redevelopment area of the city. (b) Massing regulations. (1) Minimum standards.' 15 Lot area 11,000 square feet Lot area per unit 1,500 square feet Maximum floor area rati02 one to two Building Height 40 feet maximum i. Yard and setback requirements. Yard and setback requirements are as follows: a. Front yard. Setback requirements shall be determined by setbacks that exist on the two adjacent properties. If the two adjacent properties do not have a common setback, then a setback of a distance equal between the two setbacks shall be required. A setback of at least ten feet shall be maintained at corner lots and where there is no adjacent structure. b. Side yard. A setback of at least 20 feet shall be maintained. A side yard setback of zero may be allowed if no openings are in the side of the structure and the structure abuts another structure with no openings. If this is the case, the sidewall must be of firewall standards required by the Uniform Building Code. Side yard setbacks on a corner lot shall conform to existing setbacks on the block, or if no setback exists, it shall be ten feet. c. Back yard. A setback of at least 20 feet shall be maintained. A rear yard setback of zero may be allowed if no openings are in the rear of the structure and the structure abuts another structure with no openings. If this is the case, the rear wall must be of firewall standards required by the Uniform Building Code. d. In cases where more than one principal building is located on the same site, the following setbacks shall be required: 1. Walls containing windows shall not be closer than 40 feet. 2. Walls that have no openings may be zero feet apart but must be of firewall standards required by the Uniform Building Code. (2) Additional setback standards.3 Trunk Highway 96 Stonebrid a Trail to Co Rd. 15) 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet REP (c) Recreation facilities. Ten percent of the gross project area in the RCH district shall be specifically designed, developed and maintained for recreational purposes such as: Children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. ' All standards are minimum requirements unless otherwise noted. 2 Floor area ratio is the numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. 3 Measured from right-of-way line. Sec. 31-314.1. RR rural residential district. (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (c) Accessory structure and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (d) Massing regulations. (1) Minimum standards.' Lot area per dwelling One 1 acre 17 Lot width 100 feet Lot depth 300 feet Front yard setback 40 feet Interior side yard setback 15 feet COS Exterior yard setback 40 feet Rear yard setback 50 feet Maximum lot coverage 25% Height of residence 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15 100 feet McKusick Road Neal Ave. to Co Rd. 15 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 1 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-315. Allowable uses in residential districts. ALLOWA ZONING DISTRICTS BLE USES A- L C RA T C RB C T CT R R R R HM P R T R C R H HR C C C R U16 R R L M H Single- P P P P P P P P P C P family U dwelling P 1 Two- P P2 C family U dwelling' P Attached C P single- U family P dwelling or 18 townhous e3 Townhou P se, row house, group house' Multifamil C P y U dwelling4 P and condomi niums Accessor C P CU P y U P dwelling P (See Section 31-502 Duplex C accessor U y unit P (See Section 31-503) Rooming C houses1 U P Type I P C P P S P P P CU A C P CU home U U P U P occupatio P P P n (See Section 31-500) Type II C C CU C C CU C C CU C home U U P U U P10 U U P U occupatio P P P P P P P n (See Section 31-500) Type III CU CU home P P occupatio n (See Section 31-500 Accessor A A A5 A A6 A7 AB A A A y building and use 19 (See Section 31-501 Public P C schools U P Elementa C P C ry school U U P P Public CU CU and P'o p9,10 private primary and secondar y schools9 Early CU childhood P educatio n Parks, P P P P P P P P P P playgrou nds and other open space areas Private A A recreatio n facility Church CU CU P C or other P10 P10 U place of P worship Cemeteri CU CU es P'o pro Hospital, CU CU nursing P'o pro home or rest home Institution P C al U building P Bed & CU P' C Breakfast P10 ' U (Type D P Short 20 Term Home Rental) Short P P P P P P P P P P P P P P Term Home Rental; Type A and B Short C C C CU C C CU C C CU C C C CU Term U U U P U U P U U P U U U P Home P P P P P P P P P P Rental; Type C Off street A A parking & loading Agricultur P al uses Agricultur P P1 al 4 produce sales Commer P cial greenhou se Fish P hatcherie s and aviaries Fishing P lakes and picnic roves12 Forest P and wildlife reservati ons or similar facilities Fur P _ farming (raising fur bearing animals, excluding 21 skunks and civet cats Riding P academi es or stables Essential P P P P P P P P P P P P P P services Commer C cial uses U not found P objection able by neighbor s Retail C CU business U P of a P corner store nature Senior C CU C CU care U P13 U P10 living P P facilities Armory CU P10 Municipal CU fire P10 station Small wireless facilities Small P P P P P P P P P P P P P wireless facilities in the right-of- way Personal P1 outdoor 5 Storage Growing P of industrial hem Short P P P P P P P P P P P P P P P term 22 home rentals P = Permitted use CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. ' Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 3An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than three dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 5Accessory structures in the CTR district are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with aconditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 3. 6Accessory structures in the TR district are subject to the regulations found in Section 31- 503, Subd. 1 7Accessory structures in the RB district are subject to the regulations found in Section 31- 503, Subd. 2 8 Garage is limited to two stalls wide. 9 Including accessory buildings and uses located upon property contiguous to that occupied by the main building. 10 SUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of five acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers' markets or by delivery. 23 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 16 Multi -family residential is an allowable use within this district, but shall not be the predominate use as determined by less than 30 percent of usable land area designated as multi -family use. SECTION 3 AMEND. Chapter 31, Article V, Division I, Section 31-501 through 31- 503, Residential Standards, is hereby amended as follows: Division 1, Residential Standards Sec. 31-501. Accessory structures and garages. General Provisions. (a) The following provisions apply to accessory structures and attached garages located in all residential zoning districts unless otherwise noted below: (1) Accessory structures may not exceed 20 feet and not exceed the height of the main residence. (2) Accessory structures square footage may not exceed the principal dwelling's foot print. Subd. 1. In AP districts. (a) No accessory structures may be located within the required front yard. (b) All accessory structures located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot. (c) All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Height of agricultural structures may not exceed a maximum of 50 feet. Subd. 2. In LR districts. (a) The maximum lot coverage of an attached garage plus all accessory structures shall be 2,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) All accessory structures must meet the requirements for the bluff and shoreline set forth in Section 31-402 (Shoreland Management overlay district). 24 (c) No accessory structures or uses that result in the cutting of trees or clearing of vegetation are permitted. (d) Front facing garages must be setback at least six feet more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. Subd.3. In CTR districts. (a) One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met. (b) Garages and accessory structure uses may include one or more of the following: (1) Accessory dwelling unit; (2) Accessory dwelling and one enclosed structure parking space; (3) Home office; (4) Storage. (5) Recreation room (c) Garages and accessory structures must be set back at least six feet behind the front wall of the house or porch. (d) Accessory structure must not result in the loss of significant trees or require major site alteration; (e) Only one accessory structure may be located on a residential lot. (f) Maximum size of an accessory structure is: (1) 500 square feet, one story use of loft area is allowed; or (2) 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (g) An accessory structure must abide by the following setbacks: Side yard 5 feet Rear yard 10 feet 25 (h) Accessory structures may not have window openings facing the rear property line. (i) Accessory structures located on corner lots must have the garage doors turned away from the side street. Subd.4. In RA districts. (a) The maximum lot coverage of an attached garage plus all accessory structures shall be 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building. (c) No more than two accessory structures, one of which cannot exceed120 square feet maximum shall be located on a residential premises. (d) An accessory structure shall not be designed or used for human habitation, business or industrial accessory use. (e) Side yard setback. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. (f) Side and rear yard setback. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. Subd. 5. In TR districts. (a) The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met. (c) Uses for attached garage and accessory structures may include one or more of the following: (1) Accessory dwelling unit, 500 square feet maximum; (2) Accessory dwelling and one enclosed structure parking space (720 square feet maximum); (3) Home office; 26 (4) and/or Storage. (d) Maximum size of an accessory structure is: (1) 500 square feet, one story use of loft area is allowed; (2) or 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (e) An accessory structure must abide by the following setbacks: Side yard, 5 feet Rear yard, 10 feet (f) Accessory structures shall not have window openings facing the rear property line. (g) Accessory structures located on corner lots shall have the garage doors turned away from the side street. (h) If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. Subd.6. in CCR districts. (a) Accessory structures are not allowed- (b) Attached garages. Attached garages shall be regulated as follows. (1) On 70% of the lots, garages must be set back a minimum of 6 feet behind the front wall or the front porch of the residence. (2) On 30% of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. (3) Third car garages may be side entry or separated from the main garage, at an angle to the main garage, or otherwise screened by a portion of the house, porch, or facade. (4) Corner lots may have side loaded garages. (5) Garages may be no larger than three stalls. Subd. 7. In RB districts. (a) The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or 10% of net developable area 27 (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building. (c) No more than two accessory structures, one of which cannot exceed120 square feet maximum shall be located on a residential premises. (d) The upper level of an accessory building may include an accessory dwelling (in accordance with Sec. 31-501 of this chapter), storage, home office or recreation room. The lower level of an accessory building shall not be designed or used for human habitation, business or industrial accessory use. Subd.9. In CTHR districts. (a) Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. Subd.10. In RR districts. (a) No accessory structures may be located within the required front yard. (b) All accessory structures located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. (c) All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line. Sec. 31-502. Accessory dwellings. Subd. 1. In TR districts- (1) Lot size must beat least 10,000 square feet; (2) May be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and single family residence must be provided; (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line; (6) Accessory structure will not result in the loss of significant trees or require major site alteration. 28 Subd. 2. In CTR districts: (1) Lot size on which an accessory dwelling is located must be at least 14,000 square feet; (2) Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and a single-family residence must be provided: (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; (6) Accessory structure must not result in the loss of significant trees or require major site alteration; Subd. 3. In RB districts. (a) An accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations: (1) Lot size must beat least 10,000 square feet; (2) The accessory dwelling unit may be located on second floor above the garage; (3) The accessory dwelling unit must abide by the accessory structure setbacks for side and rear setbacks; (4) Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; (5) Maximum size of the accessory dwelling unit is 800 square feet; (6) The application requires administrative design review for consistency with the primary unit in design, detailing and materials; (7) The height may not exceed that of the primary residence; and (8) Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. 29 (9) Maximum size of an accessory structure footprint may not exceed 1,000 square feet and is considered part of the total allowable accessory structure and attached garage square footage. Sec. 31-503. Duplex accessory dwelling units. Subd. 1. In TR districts. (a) Duplex accessory dwelling units are permitted special uses in the TR district subject to the following requirements: (1) Minimum lot size is 12,000 square feet. (2) Garages must be separated if street facing or on separate street fronts for corner lots. (3) The design of the duplex must appear as a single family house. (4) The number of duplexes is limited by the PUD for the subject property- (5) Duplexes must be located at least 200 feet apart. (6) Design review is required for consistency with traditional neighborhood design guidelines. (7) Duplexes must meet the development standards for single family structures. (8) Home offices are permitted accessory uses if located above a garage that is located in the rear yard. SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance defines accessory structures, amends performance standards for accessory structures, further clarifies uses allowed within accessory structures, amends performance standards for accessory dwelling units, clarifies number of accessory structures allowed in residential districts and reformats the performance standards pertaining to accessory structures and accessory dwelling units to better organize the City Code. SECTION 5 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of June, 2023. 30 ATT T: Beth Wolf, City Cler CITY OF S WAT R --10' Ted ozlowski, Mayor 31 AFFIDAVIT OF PUBLICATION CITY OF STILLWATER ORDINANCE NO.1202 STATE OF MINNESOTA COUNTY OF WASHINGTON ss AN ORDINANCE AMENDING CITY CODE CHAPTER 31,SECTIONS 31-101,31-302 THROUGH 31-315,AND SECTION 31-501 THROUGH 31-503 REGARDING ACCESSORY STRUCTURES AND GARAGES Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the The City Council of the City of Stillwater does ordain: The ordinance Publisher's Designated Agent of the newspa- defines accessory structures,amends performance standards for acces- sory structures,further clarifies uses allowed within accessory structures, per(s)known as: amends performance standards for accessory dwelling units, clarifies number of accessory structures allowed in residential districts and refor- Stillwater Gazette mats the performance standards pertaining to accessory structures and accessory dwelling units to better organize the City Code. with the known office of issue being located Approved this 6'h day of June,2023.Do not hesitate to contact the City in the county of: Clerk's Office(651)430-8802 if you have any questions or need further WASHINGTON information. with additional circulation in the counties of: Signed:Beth Wolf,City Clerk WASHINGTON and has full knowledge of the facts stated Published in the below: Stillwater Gazette (A)The newspaper has complied with all of June 9,2023 the requirements constituting qualifica- 1321431 tion as a qualified newspaper as provided by Minn. Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/09/2023 and the last insertion being on 06/09/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter co ty. By Designated A Subscribed and sworn to or affirmed before me on 06/09/2023 by Rhonda Herberg. Notary Public DARLENE MARIE MACPHERSON NOTARY PUBLIC-MINNESOTA 1i My Commiasion Expires Jan 31 2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1321431