ORDINANCE NO. 2ND SERIES

Transcription

1 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED LAND USE REGULATIONS (ZONING) BY AMENDING SECTIONS AND REGARDING ACCESSORY DWELLING UNIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION The City Council of the City of Eagan does ordain: Section 1. Chapter 11 of the Eagan City Code is hereby amended by adding 11.60, subd. 4(D)(12) to read as follows: (12) Accessory dwelling unit, subject to the regulations thereof as set forth elsewhere in this Chapter. Section 2. Chapter 11 of the Eagan City Code is hereby amended by adding 11.60, subd. 5(D)(12) to read as follows: (12) Accessory dwelling unit, subject to the regulations thereof as set forth elsewhere in this Chapter. Section 3. Chapter 11 of the Eagan City Code is hereby amended by adding 11.70, subd. 32 to read as follows: Subd. 32. Accessory Dwelling Unit ( ADU ). A. Purpose. The purpose of this subdivision is to permit and regulate an accessory dwelling unit (ADU) within a single-family detached dwelling in R-1 and Estate districts only as a permitted accessory use subject to the regulations set forth herein. The minimum lot size in R-1 and Estate zoning districts ensures that additional housing will have less impact on neighboring properties. Because this use will be located in established one-family residential districts (single family home neighborhoods), the installation and use of an accessory dwelling unit must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory dwellings unit that are in compliance with all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected. B. Definitions. For the purpose of this Chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY DWELLING UNIT ("ADU") means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, added to or created within a single-family dwelling (hereinafter primary residence).

2 C. Performance standards. No property within a single-family residential district shall have more than one dwelling unit, except an ADU may be permitted as accessory use to a single family dwelling when the following requirements are met: 1. The primary residence must be located on a lot within an Estate or R-1 zoning district. 2. The property owner must reside in either the primary residence or the ADU as their permanent residence. The property owner may be absent from the property for a period not to exceed 180 consecutive days, but must reside in the home not less than 180 consecutive days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence. 3. An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure. 4. An ADU's total floor area shall be no more than 960 square feet or 33% of the primary residence's footprint (excluding any attached improvements not constituting 4-season habitable rooms), whichever is less. An ADU's total floor area shall not be less than 300 square feet. 5. No ADU shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the ADU, 20% of the lot or parcel. 6. An ADU shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence. An ADU shall not extend beyond the height of the primary residence. 7. An ADU shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops. 8. An ADU may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless a new two-car (or larger) garage is constructed on the lot without the need for a variance and the converted ADU complies with all state and city regulations and codes. 9. The total number of residents in the ADU may not exceed two persons. The ADU shall contain no more than two bedrooms. 10. Two off-street parking spaces shall be required for the ADU, in addition to the two off-street parking spaces required for the primary residence. An additional

3 garage may be constructed, provided only one garage is visible from the public street and complies with all state and city regulations. 11. No more than one ADU shall be permitted on a lot or parcel. 12. If the ADU has an exterior entry door, then it shall not be located on the same building façade as the front entrance door for the primary residence. 13. An ADU shall be constructed and maintained in accordance with all state laws, state building, plumbing, electrical, mechanical, and fire code regulations and City Code requirements. 14. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in the City Code. 15. The primary residence and ADU shall be connected to municipal sewer and water, but shall be served by only one service line from the street to the primary residence. It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirements. D. Registration required. An ADU as permitted in this Chapter shall be registered with the City by filing with the City Clerk a completed registration form provided by City. No ADU may be occupied until the ADU registration is filed with the City. The ADU registration shall be in effect for a period of 12 months and shall be renewed annually on a date determined by the City Clerk. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law.

4 ATTEST: By: Christina M. Scipioni Its: City Clerk CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing:

5 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED LAND USE REGULATIONS (ZONING) BY AMENDING SECTIONS AND REGARDING ACCESSORY DWELLING UNIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION Chapter 11, regulating the City s land use and zoning, was amended to allow an accessory dwelling unit within Estate and R-1 zoning districts as a permitted accessory use. Section was amended to add performance standards and requirements for an accessory dwelling unit. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota Effective date. This ordinance shall take effect upon its passage and publication.