The URL can be used to link to this page

Home My Public Portal About514 Ordinance Amending Chapter 8 of the Code of Ordinances Regarding Accessory Dwelling Units in Residential Zoning DistrictsCITY OF MEDINA ORDINANCE NO.514 An Ordinance Amending Chapter 8 of the Code of Ordinances Regarding Accessory Dwelling Units in Residential Zoning Districts The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 825.07 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. 25. Dwelling Unit- A residential building or portion thereof which is arranged, designed, used or intended for use as the living quarters for one family, but not including hotels, motels, or boarding or rooming houses. Subd. 25.1. Dwelling Unit, Accessory — a second dwelling unit located within the same structure as a principal single-family home or which is detached but located upon the same parcel as a principal single-family home. Subd. 26. Dwelling, Attached - a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 27. Dwelling, Detached - A dwelling which is entirely surrounded by open space on the same lot. SECTION II: Medina Code Section 825.07 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. 47.2. Habitable Space — A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. SECTION III: Medina Code Section 826.11 is amended by adding the underlined material and deleting the stfieleii material as follows: Section 826.11. (AG) Conditional Uses. Within the agricultural preservation zoning district, no structure or land shall be used for the following uses except by conditional use permit: Ordinance No. 514 November 15, 2011 Subd. 1. Home occupations in conformance with section 826.98, Subd. 2 (c) of this ordinance. Subd. 2. Private use of windmills or wind energy conversion systems (WECS). Subd. 3. Solar equipment. Subd. 4. Accessory Dwelling Units in conformance with section 826.98 subd. 2(p) of this ordinance. A second home, in addition to the permitted farmstead residence of 10 acres or larger, if placed on the farm building site and if used to house members of the resident farming family or for help employed full time on the farm and if the need for such an additional unit to support and carry on the principal use has been established. The applicant shall file an overlay with the zoning administrator demonstrating that the second home meets all setback, area, and sewage disposal requirements of city ordinances_; and Subd. 5. Other uses similar to those permitted in this subdivision, as determined by the city council. SECTION IV: Medina Code Section 826.21 is amended by adding the underlined material as follows: Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or land shall be used for the following uses except by conditional use permit: Subd. 1. Home occupations in compliance with the conditions of Section 826.98, Subd. 2 (c) of this ordinance. Subd. 2. Cemeteries in compliance with the conditions of section 826.98, subd. 2 (d) of this ordinance. Subd. 3. Outdoor recreational facilities, including non-commercial parks, golf courses, and driving ranges in compliance with the conditions of section 826.98, subd. 2 (g) of this ordinance. Subd. 4. Wind Energy Conversion Systems (WECS) in compliance with the conditions of section 826.98, subd. 2 (e) of this ordinance. Subd 5. On parcels of 40 acres or larger, a second principal residential dwelling structure. Subd. 6. Accesso Dwellin Units in conformance with section 826.98 subd. 2 of this ordinance. SECTION V: Medina Code Section 826.25.3 is amended by adding the underlined material as follows: Section 826.25.3. (RR-UR) Conditional Uses. Within the Urban Reserve district, no structure or land shall be used for the following uses except by conditional use permit: Subd. 1. Home occupations in compliance with the conditions of section 826.98, subd. 2 (c) of this ordinance. Subd. 2. Cemeteries in compliance with the conditions of section 826.98, subd. 2 (d) of this ordinance. Ordinance No. 514 2 November 15, 2011 Subd. 3. Outdoor recreational facilities, golf courses, and driving ranges in compliance with the conditions of section 826.98, subd. 2 (g) of this ordinance. Subd. 4. Wind Energy Conversion Systems (WECS) in compliance with the conditions of section 826.98, subd. 2 (e) of this ordinance. Subd. 5. Accessory Dwelling Units in conformance with section 826.98 subd. 2 • of this ordinance. SECTION VI: Medina Code Section 826.26.4 is amended by adding the underlined material as follows: Section 826.26.4. (SR) Conditional Uses. Within the Suburban Residential district, no structure or land shall be used for the following uses except by conditional use permit: Subd. 1. Local government buildings. Subd. 2. Churches and other places of worship. Subd. 3. Home occupations in compliance with the conditions of Section 826.98, Subd. 2 (c) of this ordinance. Subd. 4. Cemeteries. Subd. 5. Outdoor recreational facilities, including non-commercial parks, golf courses, and driving ranges. Subd. 6. Private use of windmills or wind energy conservation systems (WECS). Subd. 7. Solar equipment. Subd. 8. Windmills or wind energy conservation systems. Subd. 9. Public or private schools having a course of instructions approved by the Minnesota board of education for students enrolled in preschool through grade 12 or any portion thereof. Subd. 10. Accessory Dwelling Units located within the principal structure and in conformance with section 826.98 subd. 2(p) of this ordinance. SECTION VII: Medina Code Section 826.31 is amended by adding the underlined material as follows: Section 826.31. (UR) Conditional Uses. Within any Urban Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit: Subd. 1. Churches and other places of worship. Subd. 2. Local government buildings. Subd. 3. Home occupations in compliance with the requirements of section 826.98, Subd. 2 (c) of this ordinance.. Subd. 4. Cemeteries. Subd. 5. Public, private or charter schools having a course of instruction approved by the Minnesota department of education for students enrolled in K through grade 12 or any portion thereof. Subd. 6. Accessory Dwelling Units located within the principal structure and in conformance with section 826.98 subd. 2(p) of this ordinance. Ordinance No. 514 November 15, 2011 SECTION VIII: Medina Code Section 826.98 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: (p) Accessory Dwelling Units. fi) No more than one accessory dwelling unit shall be located on a property. No accessory dwelling unit shall be permitted upon a property on which a lodging room or a second residential dwelling is located; fii Accessor dwelling units within the SR (Suburban Residential), UR (Urban Residential), R1 (Single -Family Residential) or R2 (Two -Family Residential zonin • districts shall be attached to the principal single famil structure; (iii) The lot shall contain an existin . sin . 1e-famil dwellin • unit• (iv) The habitable area of the accessory dwellin • unit shall not exceed the lesser of the following: 1) 750 square feet for a one -bedroom unit•; 2) 1,000 . square feet for a two -bedroom unit; or 3) 40 percent of the habitable area of the principal single-family dwelling; f v • The accessory dwelling unit shall contain a minimum of 300 square feet of habitable space; .(vi The accessor dwelling unit shall contain no more than two bedrooms; tvii) A minimum of one off-street parking space shall be provided per bedroom for the accessory dwelling unit. Such parking spaces shall not interfere with accessing the required garage spaces for the principal single-family dwelling; (viii) No separate driveway or curb cut shall be permitted to serve the accessory dwelling unit; (ix) No accessory dwelling unit shall be sold or conveyed separately from the principal single-family dwelling; (x The property owner shall occupy either the princal single-family dwelling or the accessory dwelling unit as their primary residence; (xi) If the accessory dwelling unit is located within a structure detached from the np ncipal single-family dwelling, the architectural design and building materials shall be of the same or higher quality and shall complement the single-family dwelling. Additionally, the structure shall meet the setback requirements of the principal structure and shall count towards the maximum number and building size of accessory structures permitted on a property; (xii) Adequate utility services shall be available to serve the accessory dwelling unit. This shall include adequate capacity within individual sewage treatment systems for both the principal single family dwellin • and the accessory dwelling, where'applicable. Ordinance No. 514 4 November 15, 2011 (xiii) Any exterior stairway which accesses an accessory dwelling unit above the first floor shall be located in a way to minimize visibility from the street and, to the extent possible, from neighboring property. Such stairway shall incorporate a deck a minimum of 27 square feet in area; and (xiv) The city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the single-family residential character of the surrounding area. A copy of the resolution approving an accessory dwelling unit and describing the conditions, restrictions and limitations on the use shall be recorded against the property. SECTION IX: Medina Code Section 840.1.03 is amended by adding the underlined material as follows: Section 840.1.03. (R1) Conditional Uses. The following shall be permitted within the R1 district, subject to conditional use permit approval, the specific requirements established in Section 840.3.05, and other applicable provisions of the city code: (1) Accessory dwelling units located within the principal structure SECTION X: Medina Code Section 840.2.03 is amended by adding the underlined material and deleting the striven material as follows: Section 840.2.03. (R2) Conditional Uses. The following shall be permitted within the R2 district, subject to conditional use permit approval, the specific requirements established in Section 840.3.05, and other applicable provisions of the city code: (1) Nene Accessory Dwelling Units located within the principal structure SECTION XI: Medina Code Section 840.3.05 is amended by adding the underlined material and deleting the stricken material as follows: Section 840.3.05. Supplemental Requirements for Specific Uses within Single- and Two - Family Residential Zoning Districts. In addition to the general standards specified for conditional uses in section 825.39 of the City Code and other requirements of this ordinance, the following uses shall not be permitted unless the city council determines that all of the specific standards contained in this subdivision will be met: Subd. 1. Accessory dwelling units (a) No more than one accessory dwelling unit shall be located on a property. No accessory dwelling unit shall be permitted upon a property on which a lodging room or a second residential dwelling is located; (b) Accessory dwelling units within the R1 (Single -Family Residential) or R2 (Two -Family Residential) zoning districts shall be attached to the principal single family structure; fb)( The lot must contain an existing single-family dwelling unit which conforms to district regulations; Ordinance No. 514 5 November 15, 2011 ($(d) The habitable area of the accessory dwelling unit shall not exceed the lesser of the following: 1) 900 square feet 750 square feet for a one -bedroom unit; 2) 1,000 square feet for a two -bedroom unit; or 2) 3� 40 percent of the habitable area of the principal single- family dwelling; (d)(e) The accessory dwelling unit shall contain a minimum of 300 square feet of habitable area; (e)(f) The accessory dwelling unit shall contain no more than two bedrooms; (44(g) A minimum of one off-street parking space per bedroom shall be provided for the accessory dwelling unit. These spaces shall not interfere with accessing the required garage spaces for the principal single-family dwelling; Fg)(h) No separate driveway or curb cut shall be permitted to serve the accessory dwelling unit; (41)(i) No accessory dwelling unit shall be sold or conveyed separately from the principal single-family dwelling; (i.)(j) The property owner shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence; (j) If the accessory dwelling unit is located within a structure detached from the principal same or higher quality and shall complement the single family dwelling; (k) Adequate utility services shall be available to serve the accessory dwelling unit. (k)(1) Any exterior stairway which accesses an accessory dwelling unit above the first floor shall be located in a way to minimize visibility be -less visible from the street and, to the extent possible, from neighboring property. Such stairway shall incorporate a deck a minimum of 27 square feet in area; and )(m) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the single-family residential character of the surrounding area. A copy of the resolution approving an accessory dwelling unit and describing the conditions, restrictions and limitations on the use shall be recorded against the property. SECTION XII: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this 15th day of November, 2011. T.M. Crosby, Jr., Mayer ATTEST: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this 2.I`h day of November, 2011. Ordinance No. 514 6 November 15, 2011