8.1 SR 07-18-2022Request for Action
To
Item Number
Mayor and Ci T Council
8.1
Agenda Section
Meeting Date
Prepared by
General Business
I July 18, 2022
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Ordinance Amendment: Section 30-793,
Zack Carlton, Community Development Director
Accessory Buildings, City of Elk River
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an ordinance amending City Ordinance Section 30-793, Accessory Buildings.
Background/Discussion
The City Council reviewed this ordinance amendment at their June 20, 2022, regular meeting. While in favor of
the changes made for parcels 1-5 acres in size, the Council did not want to remove the sliding scale table Section
30-793 (c) for parcels 5 acres or larger.
Staff has redrafted the ordinance keeping the table and adding additional information to it.
Attachments
■ Ordinance
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An Ordinance Amending Chapter, Section 30-793, Accessory buildings of the City
of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30-793, Accessory buildings of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Time of construction. No accessory building or structure shall be constructed on any residential
lot prior to the time of construction of the principal building to which it is accessory.
{O(bi All accessory structures greater than 200 square feet shall require a building permit
and comply with all applicable building codes. In any zoning district, all metal
finishes/coverings shall be factory pre -finished.
{h}(c) R-la district. Restrictions on the number of agricultural accessory structures shall not
apply to parcels that are 40 acres or larger. The total area of attached garages and number of
detached accessory buildings shall not exceed the following:
R-1a Accessory Building Requirements
Parcel Size
Max Accessory
Number of
Structure Area
Detached
Structures
less than 1 acre
2,000 sq. ft. attached and detached
2
1 acre to
2,500 sq. ft. attached and detached
2
< 2.5 acres
2.5 acres to
3,000 sq. ft. attached and detached
2
< 5 acres
5 acres to
4,000 sq. ft. attached and detached
4
< 10 acres
10 acres to
8,000 sq. ft. attached and detached
4
< 20 acres
20 acres to
16,000 sq. ft. attached and detached
4
< 40 acres
40 acres
Not to exceed 2% of the lot area
I Unlimited
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{ 4(d) Other R-9 districts. In the R-lb, R-lc, and R-ld zones, two detached accessory buildings
are allowed per single-family parcel. Also, on lots less than five acres, the total area 0
attached garages and accessory builditigs shall not exceed 1,200 square feet. Oil lots five
acres atid The total area of attached garages and accessory buildings shall not exceed
the following scale:
Parcel Size
Maximum Accessory
Structure Area
Less than 1 acre
1,200 sq. ft. attached and
detached
1 acre to < 5 acres
2,500 sq. ft. attached and
detached
5 acres to < 10 acres
3,500 sq. ft. attached and
detached
10 acres to < 20 acres
4,500 sq. ft. attached and
detached
20 acres to < 40 acres
6,000 sq. ft. attached and
detached
40 acres or more
Unlimited
{}(e) Attached accessory buildings; separation betaveen accessory building and main building. In case an
accessory building is attached to the main building, it shall be made structurally a part of the
main building and shall comply in all respects with the requirements of this article applicable
to the main buildings. An accessory building, unless attached to and made a part of the main
building, shall not be closer than five feet to the main building.
f a —All accessory structures, whether a building permit is required or notes shall comply
with the required minimum setbacks and shall be anchored to the ground in compliance with
all applicable building codes. Accessory structures are permitted in any zone and may be
finished with metal panels, wood, vinyl lap siding, metal siding, and/or masonry. Canvas,
fabric or plastic covered structures and prefabricated molded plastic storage containers less
than 120 square feet in floor area are permitted as an accessory structure in any residential
zoning district.
44—On lots less than 21/2 acres in the R-1b, R-1c, R-1d, R-le and residential PUD districts,
detached accessory structures greater than 42-0-200 square feet may be finished with wood,
vinyl lap siding, metal siding, and/or masonry. In the A-1 and R-1a districts, and on lots
greater than 21/2 acres in the R-1b, R-1c, R-1d, R1e and residential PUD districts, accessory
structures may be finished with metal panels, wood, vinyl lap siding, metal siding, and/or
masonry.
{* 1(�i Accessory structures exceeding 120 square feet in floor area, in any zoning district,
may not be finished with canvas, fabric and/or plastic membranes with the following
exception:
In the R1a and Al districts, engineered fabric accessory structures shall be allowed provided
the following conditions are met:
1. The parcel is ten acres or greater.
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ii. The applicant shall obtain a building permit and the structure shall meet the wind
and snow load requirements of the building code.
iii. The structure will be considered permanent and shall be included in the maximum
number of detached structures and total square footage of accessory structure
calculation.
iv. The structure shall meet the required accessory structure setbacks for the zoning
district and shall be no closer than 250 feet from a residential structure on any
adjacent lot.
V. The structure shall be removed if the parcel is subdivided into lots smaller than five
acres in area.
With the exception of the A-1 district, galvanized corrugated panels shall not be allowed. Metal
panels shall be allowed as a roofing material on any accessory structure.
district,AU accessory s"ttetttres greater than 200 square feet sha4l fequi-re a building pe'—_ "L 'afic-11
comply with a4l applicable builditig codes. in aiay zofiing
au ffietfl—I
(i) Temporary tent structures of any size will be allowed for, but not limited to, family
gatherings, weddings and special occasions/events. Temporary accessory structures shall not
be erected for more than four consecutive days and shall not be erected again for a period of
three days thereafter. Temporary tent structures shall comply with the required minimum
setbacks and shall be anchored to the ground in compliance with all applicable building
codes. For events requiring more than four days, a general planning permit shall be required.
(j) In all single-family residential zoning districts, a minimum 20-foot X 22-foot single garage
shall be constructed with a minimum of 440 square feet in area.
(Code 1982, � 900.20(3); Ord. No. 02-18, � 2, 12-16-2002; Ord. No. 04-21, 5 1, 12-20-2004; Ord.
No. 05-16, § 1, 7-18-2005; Ord. No. 15-14, § 1, 5-18-2015; Ord. No. 15-19, § 1, 7-20-2015)
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 18th day of July, 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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Accessory Structures
Background
■ June 20, 2022, CC reviewed amendment
■ In favor of the changes made for parcels 1-5 acres in size
■ Did not want to remove the sliding scale table
Ot er R- I d islri ts. In the R-lb, -lc, and R-ld zones, t",vo detached accessory- b- IAClin s
are allowed per sin le -fat idy parcel. � , the total -a
TLe total area of attached garages axed accessory buildings shall not emceed
the follov In scale:
Parcel Size
-laire IU11 Acc.es or-v
tr-tict-Lue Area
Less than 1
acre
1,200 sq. ft. attached and
detached
'l acre to =
=acres
,500 sq. ft. attached ai d
detached
acres to <-
'10 acres
:00 1 sq. ft..ittached ancl
et,.i ched
'10 acres to
.0 acres
4)-50 1 sq. ft. attached and
detached
20 acres to
< 40 acres
6.,000 sq. ft. attaclred and
detached
40 acres or more
LT111illitted
Action Requested
■ Adopt, by motion, an ordinance amending City Ordinance
Section 30-793, Accessory Buildings