Ordinance - amending Article 9-370 Accessory Buildings, Farm Buildings and Permits: Building Locations and Permitted Size and number of Buildings

Document Date: 
Thursday, October 19, 2017

ORDINANCE NO. 17-XX

An Ordinance Amending ARTICLE 9, COMPREHENSIVE ZONING, to adjust the size restrictions for Accessory Buildings in Residential Land Use zoning districts.

Be it Ordained by the City Council of the City of Ham Lake, Anoka County, Minnesota as follows:

ARTICLE 9, COMPREHENSIVE ZONING of the Ham Lake City Code is hereby amended as indicated in the following sections:

  1. Accessory Buildings and Farm Buildings

    An Accessory Building is any structure located or proposed to be located in any Residential Land Use in the R-1, R-A and PUD zoning districts, which is not the dwelling unit, and which is not a garage, which is not a Farm Building, and which has a floor size of more than 200 square feet. A building or structure meeting the above definition except for the size, is a yard shed.  A Farm Building is a structure located in an R-A District which is used for bona fide agricultural purposes, including farm machinery storage, crop storage or housing livestock, poultry or horses.

     

    A single Accessory Building and a single yard shed may be constructed on a Residential Land Use lot which is one (1) acre or less in the R-1, R-A and PUD zoning districts, under the conditions outlined below.  It is the intention of this code that for Residential Land Uses in the R-1 and PUD districts, for lots which are one (1) acre or less, there shall be a maximum of four structures allowed on a given lot:  a dwelling unit; a garage (attached or detached with a maximum size of 3000 square feet); an Accessory Building (freestanding); and a yard shed (under 200 square feet).  If a garage was originally attached to a dwelling unit, and has since been converted to become living space in the dwelling unit, then that portion so used shall no longer be deemed a garage.

     

    Up to two Accessory Buildings and a single yard shed may be constructed on a Residential Land Use lot which is more than (1) acre and less than ten (10) acres in the R-1, R-A and PUD zoning districts, under the conditions outlined below. One Accessory Building may be located in and meet the “Front Yard Setback” size and location requirements, and one Accessory Building may be located in and meet the “Side or Rear Yard” size and location requirements outlined below­; or, two Accessory buildings may be located within the Side or Rear Yard, and subject to the sizes shown in the table under Article 9370.1, Size Limitations. It is the intention of this code that for Residential Land Uses in the R-1 and PUD districts, for lots which are more than one (1) acre and less than ten (10) acres, there shall be a maximum of five structures allowed on a given lot: a dwelling unit; a garage (attached or detached with a maximum size of 3000 square feet); two Accessory Buildings (freestanding); and a yard shed (under 200 square feet).

     

Provided, that for lots in the R-1, R-A, and PUD districts which are 10 acres or more in size, deviation from these standards may be permitted in the discretion of the City Council on a case-by-case basis.

 

 

 

9-370.1 Size Limitations  An Accessory Building shall be no more than one story in height, and the following size limitations shall apply to Accessory Buildings:

 

Lot size

Maximum Accessory Building Size*

Front Yard Setback**

Side or Rear Yard Setback***

One acre or less

676 sq. ft.

1000 sq. ft.

1+ acre to 2.5 acres****

720 sq. ft.

1500 sq. ft.

2.5+ acres to 5 acres

800 sq. ft.

2400 sq. ft. unless approved by City Council

5+ acres to 10 acres

1200 sq. ft.

3000 sq. ft. unless approved by City Council

10+ acres

5000 sq. ft.  unless approved by City Council

 

* Sizes shown are the maximum allowable square feet at foundation level.

** The “Front Yard Setback” is the area between the front of the dwelling unit (primary residential structure) and the street right of way.  For all lot sizes, Accessory Buildings constructed in this area must also be constructed with the building materials outlined below and be architecturally compatible with the dwelling unit

*** The “Side or Rear Yard Setback” is the area that lies away from the road right of way and behind the front yard setback.

**** For lots greater than one acre and up to 2.5 acres, the size limits shown may be combined to allow one Accessory Building in the Side or Rear Yard Setback up to 2250 square feet, and with no additional Accessory Building existing or allowed in the Front Yard Setback.

 

Presented to the Ham Lake City Council on October 16, 2017 and adopted by a unanimous vote this ___ day of _____, 2017.

 

 

                                                                                    ___________________________________

                                                                                    Michael G. Van Kirk, Mayor

 

__________________________________

Denise Webster, City Clerk