HomeMy Public PortalAbout451CITY OF MEDINA
ORDINANCE NO.451
AN ORDINANCE AMENDING SECTIONS 825.07, 825.19, 826.98 AND 828.09,
REGARDING DEFINITIONS, ACCESSORY BUILDINGS, CONDITIONAL USE
PERMIT STANDARDS AND PERFORMANCE STANDARDS AND ENFORCEMENT
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 825 is amended by adding the underlined material as
follows:
Section 825.07. Definitions. The following words and terms shall have the meanings ascribed
to them:
Subd. 4.1.1. Animal Unit. A unit of measure that determines the number of livestock or
traditional farm animals that are allowed on certain parcels.
Subd. 33.1. Farm, Hobby. A small farm or tract of land typically less than 10 acres in size
that is maintained without expectation of being a primary source of income, that gives the
property owner the ability to provide reasonable space for a small number of animals or
livestock, small garden plots, or small fields of typical row crops, hay, alfalfa or similar
products.
Subd. 47.1. Grazable Acres. Open lands consisting of pasture or other vegetation which
can support grazing by livestock or farm animals. For the purpose of this subdivision,
the number of grazable acres on a property shall be determined by a survey, which shall
exclude any existing and proposed hardcover and wetlands.
Subd. 115.1 Wind Energy Conversion System (WECS) - A device or generating facility
that is designed to convert the kinetic energy of wind power to electrical energy. The
energy produced by such device may be used on site or distributed into the local
electrical grid. These devices may also be referred to by such common names as wind
charger, wind turbine and windmill.
SECTION II: Medina Code Section 825.19 is amended by deleting the stricken material and
adding the underlined material as follows:
Section 825.19. Accessory Buildings.
Subd. 1. 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.
Subd. 2. No accessory building shall exceed the height of the principal building in the "R"
Districts, except farm buildings 30 feet in height, with the exception of buildings where
Ordinance No. 451
October 7, 2008
agricultural use or farming is at the discretion of the City the primary use of the property.
Building projections or features, such as chimneys, cupolas, and similar decorations that do
not exceed 35 feet in height are permitted in residential districts. Accessory building height
shall be measured as set forth in section 825.07, subdivision 12 of the city code.
Subd. 3. In Rresidential Ddistricts, accessory buildings shall not be attached to, or erected,
altered, or moved within 10 feet of the principal building and. Accessory buildings in
residential districts shall be governed by the following regulations:
Lot Size
Bldg. Size*
No. Permitted
10,000 sq. ft. or less
600 1,000 sq. ft.
one
10,001 sq. ft. to 20,000 sq. ft.
7S0 1,200 ft.
one
sq.
20,001 sq. ft. to 43,560 sq. ft.
4001,500 sq. ft.
one
more than 4- one and up to 3
41,500 2,000 sq. ft.
one
three acres
more than 3 three and up to
3,000 4,000 sq. ft.
two
fivl acres (combined)
more than 5 acres
5,000 sq. ft.
two
* Building size shall be calculated by determining the footprint of the building.
Subd. 4. On residential properties more than five acres in area, the city council may grant a
conditional use permit to allow accessory buildings which exceed an aggregate of 300
5,000 square feet in size or two in number. Conditional use permits shall be reviewed in
accordance with the requirements of sections 825.39, et q. of the city code:
and shall be subject to the additional accessory building standards set forth in section
826.98, subdivision 2 (o) of the city code.
tali be o ectea altefedr or-Fneved-within-1-0-feet-eftlietfineipal-building,
Subd. 5. One additional accessory building that has a footprint of 120 square feet or less, such
as a shed or similar tune of building. is permitted. The footprint of this tune of accessory
building shall not count towards the maximum accessory building size allowance for the
property as required above. In residential and agricultural districts, Aany detached
accessory building of less than 200120 square feet may be located within 6 five feet of the
rear or side lot line. All detached accessory buildings exceeding 200 120 square feet must
meet the setbacks required for principal buildings in the district.
Subd. 6 In Ecommercial and (industrial Ddistricts, all accessory buildings shall meet the same
front, side, and rear yard setback requirements as the principal building.
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October 7, 2008
Subd. 7. The exterior materials and design features of accessory buildings in commercial or
industrial districts must be compatible with the materials and features of the principal
building.
Subd. 8. All accessory buildings in residential and agricultural districts shall be designed to be
architecturally compatible with other buildings on the property. Accessory buildings should
be designed to reflect the rural design and character of the city. The visual impact of the
accessory building upon neighboring properties shall be minimized by the building's design
and siting and by providing screening or additional landscaping, which shall be approved by
the zoning administrator.
Subd. 9. The following residential improvements shall be excluded from the maximum
allowed building sizes noted under Subd. 3 of this section:
(a) unenclosed playhouses;
(b) gazebos up to 120 sq. ft. in size and a maximum 12 feet in overall height;
(c) outdoor swimming pools;
(d) detached decks up to 120 sq. ft. in size;
(e) patios;
(f) tennis courts; and
(g) loafing sheds used exclusively for horses and which are up to 300 square feet in size
and meet setbacks for structures used to house, exercise or accommodate animals
for the zoning district in which they are located.
SECTION III: Medina Code Section 826.98, subdivision 2 is amended by adding the underlined
material as follows:
Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and
Residential Districts.
Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39
of this ordinance, no conditional use permit shall be granted unless the city council
determines that all of the specific standards contained in this subdivision will be met:
(e) Wind Energy Conversion Systems (WECS):
(i) minimum set back from the nearest property line 150 feet or a distance equal
to the height of the tower plus one-half the diameter of the rotor,
whichever is greater;
(ii) certified by a professional engineer as being of a design adequate for the
atmospheric conditions of the Twin Cities;
(iii) equipped with overspeed or similar controls designed to prevent disintegration
of the rotor in high winds;
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October 7, 2008
(iv) compliance with all building and electrical code requirements of the city, the
noise regulations of the Minnesota pollution control agency and the rules
and regulations of the federal communications commission and federal
aviation administration; a .
(v) the city council may require compliance with any other conditions, restrictions
or limitations it deems to be reasonably necessary to protect the residential
character of the neighborhood;
(vi) the maximum capacity or size of the WECS generator shall be 100 kilowatts or
less;
(vii) the city hereby reserves the right upon issuing any WECS conditional use
permit to inspect the premises on which the WECS is located. If a
WECS is not maintained in operational condition or poses a potential
safety hazard, the owner shall take expeditious action to correct the
situation; and
(viii) any WECS or tower which is not used for six successive months shall be
deemed abandoned and shall be dismantled and removed from the
property at the expense of the property owner.
(m) solar equipment:
(i) must meet all setback requirements for structures;
(ii\ of 0 o ea t he g of the buildi g b. a tha 5_fti '
(44)—ffittst-be-designed-afid-eenstmeted-ifreeffiplianee-with-all-applieable-building
f
generation of energy; and
ed
(m) accessory building standards for residential properties greater than five acres in area:
The accessory building's design shall include architectural interest through
the appropriate use of the following elements: cupolas, dormers,
windows, porches, overhangs, varied building foundation, or other
design treatments which the city council determines create a quality
architectural design that enhances the appearance of the accessory
building and complements the principal dwelling and the rural
residential character or residential neighborhood in which the building is
Ordinance No. 451 4
October 7, 2008
to be constructed;
(ii) At least two colors or textures shall be used in the accessory building's
exterior design, including contrasting trim or fascia;
(iii) Any metal exterior materials on the accessory building shall be warranted to
resist fading for a period of at least 15 years; and
(iv) The accessory building shall have an infiltration basin, rain garden, rain
barrel or other similar best management practice used to capture storm
water runoff from the building and to improve water quality. Said best
mana • ement . ractice must be reviewed and a. .roved b the cit
council.
(o) Sites which exceed the number of animals allowed under Section 826.25. Subd. 8:
(i) minimum lot size is 10 grazable acres;
(ii) all animal feed and bedding must be stored within an enclosed building;
(iii) the size of the barn or stable shall be suitable to the total number of
additional animal units requested under this conditional use permit.
(iv) the subject site shall incorporate various Low Impact Design (LID) features
and/or Best Management Practices (BMPs) that provide for the most
effective means of manure management, such that no net increase in
runoff occurs from the site, as determined by the City Engineer.
(v) the subject site shall construct a concrete manure containment or
composting area, the design of which shall be consistent with the
recommendations of the University of Minnesota Extension Service.
Owners shall provide a schedule for removal of manure or compost from
affected sites, subject to the approval by the City.
(vi) a grading plan shall be submitted and approved by the City in accordance
with the recommendations of the University of Minnesota Extension
Service and approved by the City Engineer. Said plan shall clearly
demonstrate that storm water runoff from the hard surfaces on the
property is directed away from the stable areas and manure containment
facilities, and surrounding wetlands, streams or lakes (if any) and the site
must maintain these drainage patterns to the satisfaction of the City;
vii the site shall install runoff retention and vegetative infiltration systems,
consistent with the recommendations of the University of Minnesota
Extension Service and as approved by the City, down slope from the
Ordinance No. 451 5
October 7, 2008
stables and manure containment area. The vegetation adjacent to any
wetlands shall be subject to the city's wetland protection ordinance;
viii diligent effort shall be made to prevent the cribbing of trees in or near
pastures, and efforts to maintain grass in the pastures by limiting use
thereof as appropriate and by providing supplemental feed to prevent
over grazing by instituting a pasture management program in accordance
with the recommendation of the University of Minnesota Extension
Service and as approved by the City; and
(ix) the city council may require compliance with any other conditions,
restrictions or limitations it deems to be reasonably necessary to protect
the residential character of the neighborhood.
SECTION IV: Medina Code Section 828 is amended by adding the underlined material as
follows:
Section 828.09. Solar Equipment. Any equipment or device that utilizes, operates or supplies
energy derived from the sun shall meet the following standards:
Subd. 1. The equipment or device must meet all setback requirements for principal structures in
the zoning district where located.
Subd. 2. The equipment or device may not exceed the height of the building by more than five
feet.
Subd. 3. The equipment or device must be designed and constructed in compliance with all
applicable building and electrical codes.
Subd. 4. The equipment or device must be in compliance with all state and federal regulations
regarding co -generation of energy.
Subd. 5. All solar arrays or panels shall be installed or positioned so as not to cause any glare
or reflective sunlight onto neighboring properties or structures, or obstruct views.
Subd. 6. The zoning administrator may require compliance with any other conditions,
restrictions or limitations deemed reasonably necessary to protect the residential character of
the neighborhood.
SECTION V. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 7a' day of October, 2008.
Ordinance No. 451 6
October 7, 2008
` 7
M
T.M.Crosby, Jr.,
y>y
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 10t day of October, 2008.
Ordinance No. 451 7
October 7, 2008