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2015-04 BILL NO. 2015-4 AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO ALLOW TALLER ACCESSORY GARAGES AND ACCESSORY DWELLING UNITS IN THE SINGLE- FAMILY RESIDENTIAL DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 A new Subsection 507.07, Subdivision 43 of the Richfield City Code to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 43. "Dwelling unit, accessory." A dwelling unit that is located on the same lot as a principal residential structure to which it is accessory, and that is subordinate in area to the principal dwelling. Section 2 Subsection 509.09, Subdivision 5 of the Richfield City Code related to accessory building regulations is amended to read as follows: Subd. 5. Lot coverage and height. No accessory building shall be greater in lot coverage or floor area than the principal building, or greater in height than the principal building. Section 3 Subsection 514.05, Subdivision 3 of the Richfield Code relating to allowable accessory uses in the R District is amended to read as follows: Subd. 3. Private garages (includes attached and detached) or carports_ tThat do not exceed 1,000 square feet in grass-floor area;. In the case of detached garages, floor area shall include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office, or similar habitable space. Floor area shall not include crawl spaces or attic storage; I2). That do not exceed an aggregate of 1,200 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in gross floor area when combined with all other accessory buildings and attached garages on the lot d cl That are constructed in accordance with Subdivision 2 of this subsection..-; and cil In no event shall the height of a garage door or carport opening, measured from the floor to the trim covering the door header, exceed nine (9) feet. Section 4 Subsection 514.05, Subdivision 7 of the Richfield Code relating to allowable accessory uses in the R District is amended to read as follows: Subd. 7. The accommodation of one (1) roomer in addition to the family, provided that: a) The roomer plus the family shall not exceed a total of five (5) persons (see definition of family); and Gb) Adequate off-street parking is available. Section 5 A new Subsection 514.05, Subdivision 8 of the Richfield City Code relating to allowable accessory uses in the R District to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 8. Internal, attached, and detached accessory dwelling units shall be allowed, provided that: a) The principal residential structure is a permitted or conditional single- family dwelling; I:21 No more than one accessory dwelling unit shall be allowed on a lot; c The lot must meet current minimum width and depth requirements; d1 The creation of an accessory dwelling unit shall not create a separate tax parcel; el An owner of the property must occupy at least one dwelling unit on the lot as their primary place of residence. Proof of homesteading shall be required and variances from this provision shall not be considered; h A rental license for the non-owner-occupied unit shall be required in accordance with Section 407 of the City Code; gl Accessory dwelling units must have a minimum area of 300 square feet and cannot exceed 800 square feet or the gross floor area of the principal dwelling, whichever is less; h) Principal dwelling units must continue to meet minimum floor area requirements or not increase the degree of nonconformity in this matter; 1 The primary exterior materials of an attached accessory dwelling unit must match those of the principal structure. Exterior materials for new construction related to any type of accessory dwelling unit must match the structure to which it is attached; 1� The creation of an attached or internal accessory dwelling unit shall not result in the creation of additional entrances facing the public street on the primary structure; Exterior stairways leading to an upper story accessory dwelling unit shall be allowed so long as the staircase and railing are not constructed with raw or unfinished lumber; 1 Conversion of garage space to an accessory dwelling unit is prohibited unless the garage space is replaced. Space within a garage that exceeds what is necessary for two vehicles may be converted without replacement; and m) A minimum of three off-street parking spaces is required in order to add an accessory dwelling unit of any kind. Section 6 Subsection 514.13, Subdivisions 2-4 of the Richfield Code relating to building heights and setbacks in the R District are amended to read as follows: Subd. 2. Building setback and maximum height (measurements in feet). Use Front Rear Interior Street/Corner Maximum Height(as Side Side defined in 507.07, Subd. 53) Single-family building 30 25 5 12 25 (but see Subd. 3 and 5) Two-family building 30 25 10 12 25 (but see Subd. 3 and 5) Cluster home 10 25 5 12 25 development in R-SFH (but see Subd. 8) guided area (but see Subd. 3 and 5)1 Cluster home 30 25 5 12 25 development in non-R- (but see Subd. 8) SFH guided area (but see Subd. 3 and 5)1 Accessory-garage 30 3 5 12 142 (but see Subd. 3-6) (5 if utility easement (but see Subd. 7) or greater than 14 ft.tall) Accessory-nongarage 30 3 5 12 123 (but see Subd. 4 and 5) (5 if utility easement) Nonresidential building 40 30 30 30 42 (but see Subd. 5 and 7) Accessory building to 40 10 10 30 15 nonresidential use (but see Subd. 5) 1 Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. (Added, Bill No. 1996-22) 2 For garages, height is measured on the side of the building with the vehicle door. The s For nongarage accessory structures, height is measured from the ground level to the highest point of the roof. Subd. 3. Setback reductions for principal buildings. The following setback reductions apply in the R District: a) On a corner lot, the street side setback requirement shall be the lesser of 12 feet or the established street side setback of the existing principal building on the same lot for single-family, two-family and cluster home development structures. In any case the provisions of paragraphs d) and e) of this subdivision shall be applicable; (Amended, Bill No. 1996-22) b) The front setback requirement for a new single-family dwelling, two- family dwelling or cluster home development on a lot may be reduced to not less than the average existing front setback of the dwelling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; (Amended, Bill No. 1996-22) c) With respect to single-family homes existing on or before June 1, 1995, the interior side setback requirement may be reduced to not less than three (3) feet for the purpose of constructing an attached garage or a two-car garage to replace a single-car garage, provided the following conditions are met: (i) A letter of consent signed by the owner of the property that abuts the interior lot line shall be submitted to the city; (ii) The garage shall be located a distance of not less than eight (8) feet from any building on an abutting lot; (iii) The width of the garage shall not exceed 20 feet, and the length shall not exceed 26 feet; (iv) Accessory garages built under this Subdivision are limited to 14 feet in height; (iv) The garage wall most parallel and adjacent to the interior lot line shall have no more than a one-foot roof overhang (eave projection); and (v) The garage wall most parallel and adjacent to the interior lot provide a one (1) hour fire rating; and (vi) A drainage plan shall be approved by the Engineering Department prior to issuance of building permits. d) Windows or window units may project a maximum of 24 inches into a required front yard, street side yard, or rear yard of a dwelling, provided that the floor area is not increased by more than ten (10) square feet, however, in no case shall they be closer than six (6) feet from any lot line; e) Those items classified as "not encroachments" in Section 509.11 f) The setback requirements for cluster home developments may be reduced to 25 feet in the front and 12 feet in the rear if the following criteria are met: (i) The project can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the preservation of a natural feature, creation of an amenity, creation of public open space, or incorporation of special features to meet the needs of the target population; (ii) The reduced setback does not adversely affect the overcrowding, or other similar impacts; and (iii) The impact of the reduced setback is minimized through the presence of features such as landscaping or other means of buffering, a limited number of building openings in the portion of the structure that infringes upon the setback, building orientation, minimized garage door dominance, or other similar features. g) In required front yards, covered porches attached to the principal building that extend no more than ten (10) feet, provided that the porch is no closer than 20 feet from the front lot line and that the design of the porch is approved by the Community Development Director. The Community Development Director must make the following findings to approve a porch encroachment up to ten (10) feet: (i) The exterior materials of the proposed porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling; (ii) The roof of the proposed porch is properly proportioned to and integrated with the roof of the dwelling and has no less than a 3:12 slope; (iii) The base of the porch is not open and its appearance is consistent with the base of the dwelling; (iv) At least 65 percent of the exposed porch facade is open or occupied by windows, screens, and/or doors of transparent material; the facade constitutes the area from the floor level of the porch to the porch ceiling; and (v) Plans are prepared by a registered architect or reviewed by the a design advisor selected by the Community Development Department; The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings; and h) In required residential street/corner side yards, covered porches attached to the front of a principal building that extend no more than ten (10) feet, provided that the porch is no closer than 20 feet from the street side lot line and that the design of the porch is approved by the Community Development Director. The Director must make the findings required by Section 514.13, Subd. 3(g). The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings. Subd. 4. Setback reductions for residential accessory buildings. The following setback reductions apply in the R District: a) The interior side setback requirement for single-story accessory buildings located entirely five (5) or more feet beyond the rear building line of the principal building may be reduced to three (3) feet (Figure 10); and b) On lots which provide alley access to the rear and there is no utility easement, a detached garage may be located no less than two (2) feet from the rear lot line, provided that the setback requirement of Section 514.13, Subd. 6 of this code and all building codes are met. Section 7 A new Subsection 514.13, Subdivision 7 of the Richfield City Code relating to building setbacks and height in the R District to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 7. Additional height for accessory garages. The maximum height of an accessory garage may be increased when the following conditions are met: a) For lots that are less than 75 feet in width, a detached accessory garage may not exceed the height of the principal residential structure, 1 — 1/2 stories or 18 feet, whichever is less. In no case shall the highest point of the roof of the detached accessory garage exceed the highest point of the roof of the principal residential structure. b) For lots that are 75 feet or greater in width, a detached accessory garage may not exceed the height of the principal structure. In no case shall the highest point of the roof of the detached accessory garage exceed the highest point of the roof of the principal residential structure. c) Primary exterior materials of the accessory garage/structure must match the primary exterior materials of the principal building and the roof pitch must be substantially similar to the primary roof pitch of the principal building; d) Windows, false windows, doors or similar openings are required on all second story walls. Section 8 Subsection 518.05, Subdivision 3 of the Richfield Code relating to allowable accessory uses in the Low Density Single-Family Residential (R-1) District is amended to read as follows: Subd. 3. Private garages (includes attached and detached) or carports_ tThat do not exceed 1,000 square feet in gross floor area;. In the case of detached garages, floor area shall include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office, or similar habitable space. Floor area shall not include crawl spaces or attic storage; That do not exceed an aggregate of 1,300 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in guess floor area when combined with all other accessory buildings and attached garages on the lot,and cl That are constructed in accordance with Subdivision 2 of this subsection,,-; and ca In no event shall the height of a garage door opening or carport, measured from the floor to the trim covering the door header, exceed nine (9) feet. Section 9 Subsection 518.05, Subdivision 7 of the Richfield City Code relating to allowable accessory uses in the R-1 District is amended to read as follows: Subd. 7. The accommodation of one (1) roomer in addition to the family, provided that: a) The roomer plus the family shall not exceed a total of five (5) persons (see definition of family); and b) Such arrangement does not constitute an accessory apartment; and Gip) Adequate off-street parking is available. Section 10 A new Subsection 518.05, Subdivision 8 of the Richfield City Code relating to allowable accessory uses in the R-1 District to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 8. Internal, attached, and detached accessory dwelling units shall be allowed, provided that: al The principal residential structure is a permitted or conditional single- family dwelling; DI No more than one accessory dwelling unit shall be allowed on a lot; c The lot must meet current minimum width and depth requirements; dl The creation of an accessory dwelling unit shall not create a separate tax parcel; el An owner of the property must occupy at least one dwelling unit on the lot as their primary place of residence. Proof of homesteading shall be required and variances from this provision shall not be considered; A rental license for the non-owner-occupied unit shall be required in accordance with Section 407 of the City Code; gl Accessory dwelling units must have a minimum area of 300 square feet and cannot exceed 800 square feet or the gross floor area of the principal dwelling, whichever is less; hI Principal dwelling units must continue to meet minimum floor area requirements or not increase the degree of nonconformity in this matter; a The primary exterior materials of an attached accessory dwelling unit must match those of the principal structure. Exterior materials for new construction related to any type of accessory dwelling unit must match the structure to which it is attached; 1� The creation of an attached or internal accessory dwelling unit shall not result in the creation of additional entrances facing the public street on the primary structure; Exterior stairways leading to an upper story accessory dwelling unit shall be allowed so long as the staircase and railing are not constructed with raw or unfinished lumber; a Conversion of garage space to an accessory dwelling unit is prohibited unless the garage space is replaced. Space within a garage that exceeds what is necessary for two vehicles may be converted without replacement; and m) A minimum of three off-street parking spaces is required in order to add an accessory dwelling unit of any kind. Section 11 Subsection 518.13, Subdivisions 2-4 of the Richfield City Code relating to building height and setbacks in the R-1 District are amended to read as follows: Subd. 2. Building setback and maximum height (measurements in feet). Use Front Rear Interior Street/Corner Maximum Height Side Side (as defined in 507.07, Subd. 53) Single-family 30 25 10 15 35 building (but see Subd. 3 and 5) Accessory; 30 3 10 12 141 garage (5 if utility (but see Subd. 7) (but see easement or Subd. 3-6) greater than 14 ft. tall) Accessory; 30 3 5 12 122 nongarage (5 if utility (but see easement) Subd. 4 and 5) 1 For garages, height is measured on the side of the building with the vehicle door. The in-height 2 For nongarage accessory structures, height is measured from the ground level to the highest point of the roof. Subd. 3. Setback reductions for principal buildings. The following setback reductions apply in the R-1 District: a) On a corner lot, the street/corner side setback requirement shall be the lesser of 15 feet or the established street side setback of the existing principal building on the same lot. In any case the provisions of paragraphs c) and d) of this subdivision shall be applicable; b) With respect to dwellings existing on or before June 1, 1995, the interior side setback requirement may be reduced to not less than five (5) feet for the purpose of constructing an attached garage or a two-car garage to replace a single-car garage, provided the following conditions are met: (i) A letter of consent signed by the owner of the property that abuts the interior lot line shall be submitted to the city; (ii) The garage shall be located a distance of not less than 15 feet from any building on an abutting lot; (iii) The width of the garage shall not exceed 22 feet, and the length shall not exceed 26 feet; (iv) A drainage plan shall be approved by the Engineering Department prior to issuance of building permits. (v) Accessory garages built under this Subdivision are limited to 14 feet in height. c) Windows or window units may project a maximum of 24 inches into a required front yard, street side yard, or rear yard of a dwelling, provided that the floor area is not increased by more than ten (10) square feet, however, in no case shall they be closer than eight (8) feet from any lot line; d) Those items classified as "not encroachments" in Section 509.09 e) In required front yards, covered porches attached to the principal building that extend no more than ten (10) feet, provided that the porch is no closer than 20 feet from the front lot line and that the design of the porch is approved by the Community Development Director. The Community Development Director must make the following findings to approve a porch encroachment up to ten (10) feet: (i) The exterior materials of the proposed porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling; (ii) The roof of the proposed porch is properly proportioned to and integrated with the roof of the dwelling and has no less than a 3:12 slope; (iii) The base of the porch is not open and its appearance is consistent with the base of the dwelling; (iv) At least 65 percent of the exposed porch facade is open or occupied by windows, screens, and/or doors of transparent material; the facade constitutes the area from the floor level of the porch to the porch ceiling; and (v) Plans are prepared by a registered architect or reviewed by the a design advisor selected by the Community Development Department; The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings; and f) In required residential street/corner side yards, covered porches attached to the front of a principal building that extend no more than ten (10) feet, provided that the porch is no closer than 20 feet from the street side lot line and that the design of the porch is approved by the Community Development Director. The Director must make the findings required by Section 518.13, Subd. 3(e). The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings. Subd. 4. Setback reductions for residential accessory buildings. The following setback reductions apply in the R-1 District: a) The interior side setback requirement for single-story accessory buildings located entirely five (5) or more feet beyond the rear building line of the principal building may be reduced to three (3) feet (Figure 12); and b) On lots which provide alley access to the rear and there is no utility easement, a detached garage may be located no less than two (2) feet from the rear lot line, provided that the setback requirement of Section 518.13, Subd. 6 of this code and all building codes are met. Section 11 A new Subsection 518.13, Subdivision 7 relating to building height and setbacks in the R-1 District of the Richfield City Code is added to read as follows: Subd. 7. Additional height for accessory garages. The maximum height of an accessory garage may be increased when the following conditions are met: e) For lots that are less than 75 feet in width, a detached accessory garage may not exceed the height of the principal residential structure, 1 — 1/2 stories or 18 feet, whichever is less. In no case shall the highest point of the roof of the detached accessory garage exceed the highest point of the roof of the principal residential structure. f) For lots that are 75 feet or greater in width, a detached accessory garage may not exceed the height of the principal structure. In no case shall the highest point of the roof of the detached accessory garage exceed the highest point of the roof of the principal residential structure. g) Primary exterior materials of the accessory garage/structure must match the primary exterior materials of the principal building and the roof pitch must be substantially similar to the primary roof pitch of the principal building; h) Windows, false windows, doors or similar openings are required on all second story walls; Section 12 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 24th day of March, 2015. 4/./// • itou oieice ebbie Goettel, Mayor AI EST: 4A4,6) ( Elizabeth VanHoose, City Clerk City of Richfield STATF (MUNNES01A 1ss SUMMARY PUBLICATION ('0UNTY01, Iff,",NNFTIN BILL NO.20 1 5�4 AN OR AMENDING Charlene Vold, Ir in dUty- "MC411 on ml olmh THE RICHFIELD CITY CODE TO ALLOW TALLER srtalcs ot Al"n this ffir" 144he is Ow Pulflisher's ACCESSORY GARAGES AND MpnoWpefoof"lene"spapeqS)kno,,rn 1 ACCESSORY DWELIANG as, UNITS IN THE SINGLE-rAMILY RESIDENTIAL DISTRICTS SC Richfldd I N5 sumnlary 01[hu cvdaianco is publisticA ptwawnit to Section 3,12 WMaKaWd0Q0mrur, mAh On: kmmn office of kow b&q located iiia omfinanco rWsed rulc.s ro in The cotiray of': hated to (0 I I LNNITI ' accessary qarnqcq,,ntruclutus in that With,ahlitiornil cilclAilin" in the counli" ol,. 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