plainview city council special meeting agenda tuesday, …3ccce339-e11e... · 2020-06-25 ·...

PLAINVIEW CITY COUNCIL SPECIAL MEETING

AGENDA Tuesday, June 30, 2020, at 3:45 P.M.

Pursuant to Minn. Stat. § 13D.021, subd. 1(1) I, David Schmidt, Interim City Administrator for the City of Plainview, determine that in-person meetings of the city council are not prudent during the COVID-19 health

pandemic/peacetime emergency declared by the Governor’s Executive Order No. 20-01 under Minn. Stat., Ch. 12. Additionally, I determine the presence of any members of the public is not feasible due to the COVID-19 health

pandemic/emergency declaration, pursuant to Minn. Stat. § 13D.021, subd. 1(3). As such, the council’s special meeting schedule to occur at 3:45 p.m. on June 30, 2020 will be held by only allowing city council

members and necessary staff in the council chambers.

Additional members of the public may monitor the meeting electronically from a remote location by locating the live streamed video of the council meeting at the City of Plainview’s

Facebook page (located at this address: https://www.facebook.com/plainviewmn/

1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA

Because this is a special meeting, no business may be addressed that is not posted (part of the original agenda).

4. UNFINISHED BUSINESS 5. NEW BUSINESS

A. Discussion & Action- Ordinance 2020-02 Accessory Dwelling Unit B. Discussion & Action- Ordinance 2020-03-Amdendment to Section 705.7.2 Willful

Destruction of Public Parks, Public Cemetery, and City Owned Property. C. Discussion & Action- 2019 Audit Presented by Hawkins and Ash D. Discussion & Action- COVID-19 Preparedness Plan

6. INFORMATION ONLY DOCUMENTS A. Letter from Citizen regarding Recreational Fires

7. ADJOURN

https://www.facebook.com/plainviewmn/

Enter Agenda Item Name Here | Page 1 of 2

Executive Summary City Council Special Meeting: June 30, 2020

AGENDA ITEM: Accessory Dwelling Units AGENDA SECTION: New Business

PREPARED BY: Judith Jordan, EDA Director David Schmidt, Interim City Administrator

AGENDA NO. 5.A.

ATTACHMENTS: ADU Code Comparison and Ordinance 2020-02 APPROVED BY:

RECOMMENDED ACTION: Motion to approve Ordinance 2020-02, Zoning and Land Management Accessory Dwelling Unit.

SUMMARY

C:\Users\Owner\Documents\eda\City\ADUs\ADU_CODE_v2.docx 3/13/2019 Page 1 of 8

EDA Economic Development Authority for the City of Plainview

City of Plainview

Accessory Dwelling Unit

Tuesday, March 12, 2019

Addition to Zoning Code

607 ZONING AND LAND MANAGEMENT, DEFINITIONS. For the purposes of this ordinance,

certain terms or words used herein shall be interpreted as follows, or if there are any terms or words not

contained herein that described the applicable physical characteristic or condition that prevails, then the

definition or abbreviations contained in the current Uniform Building Code as published shall prevail. Words

used in the present tense include the past and future tense; the singular number includes the plural and the

plural includes the singular; the word "shall" is mandatory, and the words "should" and "may" are permissive.

In the event of conflicting provisions in the rest of these regulations, the more restrictive shall apply.

1. Accessory Buildings– A subordinate structure or building on the same lot which is incidental and

subordinate to the principal use of the primary or main building.

2. Accessory Building, Permanent- Any structure for the shelter, support, or enclosure of persons, animals,

chattels, or personal property of any kind, which is permanently affixed to the land. A permanent building

shall consist of a floor of solid construction, a roof constructed of solid material supported from the floor

by structural supports and enclosed by walls. The structure shall be permanently fixed to the ground

resting on a poured concrete or block foundation or concrete footings. Storage structures and accessory use

structures including but not limited to garages may have earthen floors provided the structure is

permanently attached to below-grade footings or a poured or constructed foundation. Typical permanent

accessory buildings could be detached garages, garden sheds, gazebos, greenhouses, etc.

3. Accessory Building, Temporary –Any structure (usually consisting of floor, sidewalls, and roof) which

is not permanently attached to the ground, or concrete block foundation, poured concrete footings, or a

poured concrete foundation. All structures which are on temporary timbers or wheels (but not-motorized)

shall constitute temporary buildings. All structures that are portable in nature and capable of being

relocated which are not permanently fixed to a foundation or permanent foundational footings installed on

the ground shall constitute a temporary building. Typical temporary accessory buildings could be dog

houses, arbors, swing sets, tree houses, sandboxes, etc.

4. Agriculture Building. A building located on agricultural property and used to shelter farm implements,

hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is

not used by the public.

5. Accessory Dwelling Unit (ADU). Accessory Dwelling Unit means an attached or a detached residential

dwelling unit which provides complete independent living facilities for one or more persons, including

permanent facilities for living, sleeping, eating, cooking, and sanitation, and is located on the same parcel

as a single-family dwelling. An Accessory Dwelling Unit may consist of an efficiency unit.

a) Efficency Unit - an efficiency apartment as defined in the building code may be permitted if it

satisfies all of the following requirements:

i. The efficiency apartment must have a habitable room of not less than 220 square feet of

superficial floor area. An additional 100 square feet of superficial floor area must be

provided for each occupant in excess of two of that apartment.

Plainview Business Center

445 West Broadway

Plainview, MN 55964

(507) 421-6564

www.plainvieweda.org

Commented [O1]: Need to add definition of Accessory

Dwelling Unit (ADU) to Definitions.

Commented [O2]: I quick check of the MN Building Code did

NOT turn up a definition.


ii. The efficiency apartment must be provided with a kitchenette that is equipped and

arranged for complete kitchen use.

iii. The kitchenette must be equipped with a tenant-operated electric exhaust fan not less than

100 cfm connected to the outside air. This requirement does not apply to an efficiency

apartment constructed prior to September 17, 1967.

iv. The efficiency apartment must be provided with a separate bathroom meeting the

requirements in the Building Code. This requirement does not apply to an efficiency

apartment constructed prior to July 17, 1967,

b) Accessory Dwelling Unit, Interior. An interior Accessory Dwelling Unit means an ADU in a Single-

Family Zone, which includes (Single-family Residential), HRO (Hillside Residential and Open Space) or

residential PD (Planned Development) zones, and is located entirely within the existing and legally created

space of a single-family home or accessory structure.

c) Accessory Dwelling Unit, Attached. An attached Accessory Dwelling Unit means an ADU which is

constructed as a vertical or horizontal addition to a single-family home (primary dwelling unit).

d) Accessory Dwelling Unit, Detached. A detached Accessory Dwelling Unit means an ADU which is

constructed as an independent structure, surrounded by open space and on the same lot as the primary

dwelling unit, except that it can be attached to an accessory structure (e.g., garage).

24. Dwelling Unit. One or more rooms connected together, constituting a separate, independent housekeeping

establishment for owner occupancy, or rental, or lease on weekly, monthly, or longer basis and physically

separate from any other rooms or dwelling units which may be in the same structure and containing

independent cooking and sleeping facilities.

25. Dwelling Unit, Multi-family Unit. A residential building designed for or occupied by three or more families,

with the number of families in residence not exceeding the number of dwelling units provided and not

including an Accessory Dwelling Unit.

26. Dwelling Unit, Single-family. A detached residential dwelling unit including, but not limited to, stick built

housing, manufactured housing complying with Minnesota statutes §327.3l to §327.36, and mobile homes

complying with Minnesota Statutes §327.3l to §327.36, designed for and occupied by one family only, except

that the structure may also contain an Accessory Dwelling Unit where expressly authorized pursuant to

__________. A detached Accessory Dwelling Unit shall not be considered a single-family dwelling for the

purposes of ____________

27. Dwelling Unit, Two Family. A residential building containing two dwelling units, designed for occupancy by

not more than two families, neither of which is an Accessory Dwelling Unit.

31. Family. One or more persons occupying a single dwelling unit, provided that unless all members are related

by blood, marriage, or adoption, no such family shall contain over five persons; but further provided that

domestic servants employed on the premises may be housed on the premises without being counted as a

family or families

Commented [O3]: Do we roll Efficiency Apartments into the

ADU definitions

Commented [O4]: New Language that defines types of ADUs

Commented [O5]: Qualifying language

Commented [O6]: New comment specifically qualifying

ADUs as part of the Single-Family dwelling (not a separate tax

parcel)

Commented [O7]: Qualifying language

Commented [O8]: This sounds like restrictive and archaic

language… but maybe someone has servants these days???? Also,

number of persons in a dwelling that are family has bearing on

occupancy for ADU


NEW CODE FOR ACCESSORY DWELLING UNITS

609 ZONING AND LAND MANAGEMENT, ACCESSORY DWELLING UNITS

609.1 Authority and Purpose. The purpose of this section of code is to provide guidelines and minimum

standards to facilitate both the construction of new Accessory Dwelling Units, also known as “second

units,” “mother-in-law apartments,” or “granny flats,” and to guide legalization of unpermitted Accessory

Dwelling Units.

The reasons the city is allowing ADUs are:

(a) To expand the supply of affordable housing for both owners and renters in the community;

(b) To expand the supply of accessible housing for Senior Citizens and persons with disabilities;

(c) To provide a means for homeowners, particularly the elderly, to obtain extra income, security,

companionship, and service;

(d) To make more efficient use of existing housing stock and infrastructure; and

(e) To provide a mix of housing that responds to changing family needs, smaller households, and

increasing housing costs.

Source: www.mrsc.org/publications/textadu.aspx and

https://accessorydwellings.org/2014/11/25/model-code-for-accessory-dwelling-units/

609.2 Definitions.

(a) Accessory Dwelling Unit (ADU). Accessory Dwelling Unit means either an interior dwelling unit

within the primary family dwelling unit, or an attached or a detached residential dwelling unit, which

provides complete independent living facilities for one or more persons, including permanent facilities

for living, sleeping, eating, cooking, and sanitation, and is located on the same parcel as a single-

family dwelling. An Accessory Dwelling Unit may consist of an efficiency unit.

(b) Efficency Unit - an efficiency apartment as defined in the building code may be permitted if it

satisfies all of the following requirements:

i. The efficiency apartment must have a habitable room of not less than 220 square feet of

superficial floor area. An additional 100 square feet of superficial floor area must be

provided for each occupant in excess of one person living in that apartment.

ii. The efficiency apartment must be provided with a kitchenette that is equipped and

arranged for complete kitchen use.

iii. The kitchenette must be equipped with a tenant-operated electric exhaust fan not less

than 100 cfm connected to the outside air.

iv. The efficiency apartment must be provided with a separate bathroom meeting the

requirements of this Chapter.,

(c) Accessory Dwelling Unit, Interior. An interior Accessory Dwelling Unit means an ADU in a R1, R2

or Transition zones that is located entirely within the existing and legally created space of a single-

family home (primary dwelling unit) or accessory structure. The Interior Accessory Dwelling Unit

must be fully separated from the single family dwelling unit or accessory building by means of a wall

or floor, with or without a door.

(d) Accessory Dwelling Unit, Attached. An attached Accessory Dwelling Unit means ADU in a R1, R2 or

Transition zones, which is constructed as a vertical or horizontal addition to a single-family home

(primary dwelling unit), and must be fully separated from the single family dwelling unit by a wall,

with or without a door.

(e) Accessory Dwelling Unit, Detached. A detached Accessory Dwelling Unit means an ADU in a R1,

R2 or Transition zone, which is constructed as an independent structure, surrounded by open space

Commented [O9]: Occupancy of ADUs is limited to two

persons, however an efficiency apartment could NOT be an

accessory dwelling unit if it is a property leased by someone who

is not homesteading the primary residence.

Commented [O10]: Do we roll Efficiency Apartments into

the ADU definitions. Does this define the minimum space

requirement for an ADU?

http://www.mrsc.org/publications/textadu.aspx

https://accessorydwellings.org/2014/11/25/model-code-for-accessory-dwelling-units/


and on the same lot as the primary dwelling unit. A detached ADU can be attached to an accessory

structure (e.g., garage), or it can be created by converting all or part of an existing independent

structure into living area.

(f) Attached Building. An attached building means a building that is connected by substantial

construction to another building; substantial construction includes extension of common building

walls and/or roof lines. Buildings attached via a breezeway must include substantial construction and

both of the following:

(1) Framing and other connections.

(2) Shelter and a walkable surface above grade between the two buildings located on the same site.

(g) Cooking Facility. A cooking facility means an area containing a refrigeration appliance; and, a kitchen

sink and cooking appliance, each having a clear working space of not less than 30 inches. “Cooking

appliance” includes any appliance capable of cooking food, including a range, stove, oven,

microwave, or hot plate, but not including a toaster or electric kettle.

(h) Living Area. The term Living Area has the meaning, “The interior habitable area of a dwelling unit

including basements and attics and does not include a garage or any accessory structure.”

(j) Owner Occupied. Owner occupied means the owner currently resides on the property.

(i) Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance

of the Accessory Dwelling Unit.

(j) Sanitation Facilities. Sanitation facilities means a toilet, sink, and bathtub or shower.

(k) Sleeping Facilities. Sleeping facilities means an area dedicated to sleeping that meets building code

requirements for habitability.

(l) Short-term Rentals – Short-term rentals means rentals for less than 30 days.

609.2 Development Standards.

(a) General Provisions. The following provisions apply to all Accessory Dwelling Units:

1) Number. The lot must contain an existing single-family home and no other dwelling units. No

more than one Accessory Dwelling Unit may be added on any lot either by converting an existing

accessory building or constructing a new dwelling unit that conforms to ADU code.

2) Zoning District. The project site must be zoned for residential use including R-1, R-2, and

Transition Districts.

3) Ownership. Accessory Dwelling Units may not be subdivided and may not be otherwise separated

in ownership from the associated single family dwelling unit.

A. The creation of an Accessory Dwelling Unit shall not create a separate tax parcel.

B. At the time of application, the property owner must acknowledge in writing the restrictions in

subsections (i.) through (iii.) regarding sale, owner occupancy, and short term rentals of

Accessory Dwelling Units.

i. The Accessory Dwelling Unit may not be sold separately from the existing single-family

home.

ii. Either the single-family home or the Accessory Dwelling Unit must be owner-occupied if

the home and Accessory Dwelling Unit are occupied by different families.

iii. Neither the Accessory Dwelling Unit nor the single-family home may be used for short-

term residential rentals.

C. Before issuance of a building permit for the Accessory Dwelling Unit, the owner must record

a covenant in a form approved by the City Attorney to notify future owners of the restrictions

in subsections (i.) through (iii.) regarding sale, owner occupancy, and short term rentals of

Accessory Dwelling Units.

Commented [O11]: This language may be necessary to define

buildings which are attached but NOT Accessory Dwelling Units.

Commented [O12]: This definition is needed so because the

ADU code prohibits using an ADU for short-term rentals.

Commented [O13]: This may seem like excessive regulation,

but without this language an ADU could be sold as a separate

parcel and both dwelling units could be rented out – not the intent

of ADU policy


4) Rental License. Rental of either the Accessory Dwelling Unit or associated Single Family

Dwelling unit will require a rental license pursuant to _____________________ of the City Code.

Only one rental license is permitted per residential site.

5) Occupancy. The property owner of record shall occupy either the principal dwelling unit or the

Accessory Dwelling Unit as their permanent and principal residency.

A. The property owner shall file an annual affidavit with the city verifying continued owner-

occupancy of the property as their permanent and principal residence. A fee shall be

collected in accordance with _______________

6) Accessory Dwelling Unit Occupancy. Occupancy is limited to two persons.

7) Building Code Compliance. The Accessory Dwelling Unit shall conform to all applicable state

and local building code requirements.

8) Density/Zoning Compliance - An Accessory Dwelling Unit conforming to the requirements of this

section shall not be considered to exceed the allowable density for the lot upon which the unit is

located and shall be deemed to be a residential use consistent with the existing general plan and

zoning designations for the lot.

9) Size - An Accessory Dwelling Unit must include no less than the minimum floor area identified

for a efficiency unit (320 sq. ft.). The Accessory Dwelling Unit must not exceed a maximum

sizes: internal ADU - 864 sq. ft. or size of ground floor; attached ADU: 864 sq. ft.; and detached

ADU – 1,000 sq. ft. unless it is created by converting a garage. ADUs that are converted garages

may not exceed the square footage of the ground floor of the primary dwelling unit or 768 sq. ft.,

whichever is larger

10) Utilities – Accessory Dwelling Units must be served by municipal sewer and water. Separate

utility metering for the ADU is prohibited.

11) Bedrooms – No more than two bedrooms are permitted in the Accessory Dwelling Unit.

12) Parking - One addditional off-street parking space is required for the Accessory Dwelling Unit. If

the Accessory Dwelling Unit replaces an existing garage, carport or covered parking structure,

replacement spaces must be provided equal to the number of spaces removed. Replacement

spaces may be provided as covered or uncovered spaces on paved or unpaved.

13) Density - An Accessory Dwelling Unit conforming to the requirements of this section shall not be

considered to exceed the allowable density for the lot upon which the unit is located and shall be

deemed to be a residential use consistent with the existing general plan and zoning designations

for the lot.

14) Appearance – Accessory Dwelling Units and their associated single family dwelling units must

clearly be designed and constructed to maintain the outward appearance of one single family

dwelling.

A. Exterior finish materials – Exterior finish materials must visually match in type, size and

placement, the exterior finish materials of the primary dwelling.

B. Roof pitch – The roof pitch must be the same as the predominant roof pitch of the primary

dwelling

C. Windows – If the street-facing façade of the ADU is visible from the street, its windows must

match in proportion and orientation, the windows of the primary dwelling

D. Eaves – If the primary dwelling has eaves, the ADU must have eaves that project the same

distance from the buiding. If the primary dwelling does not have eaves, no eaves are required

of the ADU.

E. Exemptions – Detached Accessory Dwelling Units may be exempt from Section 609.2 (a)

14A.-D. if the size is under 864 sq. ft. and the height is under 24’

F. Single Family Dwelling Code Compliance - Accessory Dwelling Units in combination with

their associated single family dwelling unit must conform to all City Code requirements for

Commented [O14]: Does the city have a rental policy? Are

rental units inspected and licensed? Or is the only documentation

of rental units via water bills?

Commented [O15]: Is this duplicated documentation if there

is a Rental License?

Commented [O16]: Do we put language in that reflects adults

and children? For example, could a single parent with two

children occupy an ADU, or two adults with one child? Or is this

for two people age not specified?

Commented [O17]: Plainview code says the minimum size of

a single family home ground floor is 864 sq. ft. or 1,440 if it has

two floors. ADUs should be smaller than the primary residence,

so to what size do we want to limit the ADU? Plainview code

limits garage size as per this proposed ADU language.

Commented [O18]: Parking needs to be decided. Do we

require one or two off-street parking places?


single-family dwellings, including but not limited to setback, height, impervious surface,

motor vehicle, recreational vehicle, and accessory structure standards.

15) Access and Entrances - The creation of an Accessory Dwelling Unit shall not result in additional

entrances facing the public street on the primary structure. Only one entrance may be located on

the façade of the primary dwelling facing the street, unless the primary dwelling contained

additional entrances before the Accessory Dwelling Unit was created. An exception is entrances

that do not have access from the ground such as entrances from balconies or decks.

A. A walkway shall be provided from an abutting public street to the primary entrance of the

attached or detached Accessory Dwelling Unit

16) Conversion to Primary Dwelling Unit.

A. An Accessory Dwelling Unit shall become the primary dwelling unit on a site if the original

primary dwelling unit is demolished or determined to be uninhabitable, and is not replaced or

made habitable within one year of its demolition or the determination that it is uninhabitable.

B. If an Accessory Dwelling Unit becomes the primary dwelling unit, it shall remain so, and be

considered a nonconforming but lawful structure if it fails to comply with any zoning

standards applicable to a primary dwelling unit in the zoning district where it is located, until

such time as a new structure compliant with all zoning standards applicable to a primary

dwelling unit in the zoning district where it is located, is lawfully constructed or otherwise

created on the site.

17) Vacant Lots.

A. A building permit applicant for a vacant site may propose construction of both a single-family

dwelling unit and an Accessory Dwelling Unit concurrently. However, the primary dwelling

unit must pass final inspection prior to final inspection of the associated Accessory Dwelling

Unit. Nothing in this section shall be construed to supersede or in any way alter or lessen the

effect of any other zoning provision requiring issuance of a discretionary permit for

construction of the primary dwelling unit prior to issuance of a building permit.

B. The discretionary review of the primary dwelling unit must not include consideration of the

Accessory Dwelling Unit use.

18) A passageway may not be required in conjunction with the construction of an Accessory

Dwelling Unit.

19) An Accessory Dwelling Unit may be constructed on a site that does not meet the minimum lot or

parcel size requirements or minimum dimensional requirements of the underlying zoning district,

provided the Accessory Dwelling Unit is constructed in compliance with all other standards of this

section. Approval of a site development permit or any other discretionary permit, is not required.

20) An Accessory Dwelling Unit may be constructed on a site containing a primary dwelling unit or

accessory structure that does not comply with all zoning standards, including without limitation

off-street parking standards, provided the Accessory Dwelling Unit complies with all standards

contained in this section. The existing nonconformities of the primary dwelling unit or accessory

structure shall not be considered when evaluating the application.

21) An Accessory Dwelling Unit conforming to the provisions of this section shall be approved

administratively

(b) Interior Accessory Dwelling Units. The following provisions also apply to interior Accessory

Dwelling Units:

1) The Accessory Dwelling Unit must be constructed entirely within the existing and legally created

space of a single-family home or accessory structure in an R-1, R-2 or Transition Districts.

2) The zoning standards of the underlying zoning district (e.g., setbacks, height, floor area ratio, etc.)

do not apply to interior Accessory Dwelling Units.

3) Interior Accessory Dwelling Unit size is 864 sq. ft. or size of ground floor, whichever is larger.

Commented [O19]: Is there different language for adding a

“sidewalk” or “path” from the street to the ADU?

Commented [O20]: Is there a simpler, clearer way of saying

this?


4) Internal ADUs within the principal structure shall have interior stairway access to the primary

entrance of the unit. Secondary stairways required for fire safety may be located on the exterior of

the side or rear of the building, but shall not be allowed on the front of the building.

A. Exterior stairways shall be built of durable materials that match the finish of the principal

structure or accessory building to which they are attached. Raw or unfinished lumber shall not

be permitted.

5) If the primary structure is on a single level, the minimum floor area must be 1,000 sq. ft. and

Accessory Dwelling Unit shall not exceed 1/3 of total floor area of structure. If the primary

structure is multi-story, the maximum floor area of the Accessory Dwelling Unit may be equal to

the first floor of the primary residence or can be less than or equal to 50% of the total floor area of

the structure.

(c) Attached Accessory Dwelling Units. The following provisions shall also apply to all attached

Accessory Dwelling Units:

1) Except as modified by this section, an ADU attached to the primary dwelling unit shall conform to

all requirements of the underlying residential zoning district, any applicable overlay district, and

all other applicable provisions, including height, setback, floor area ratio, and historic preservation

requirements.

2) The increased floor area of an ADU attached to the existing single-family home shall not exceed

50% of the floor area of the existing single-family home or 864 square feet whichever is less.

3) An attached ADU must comply with the following design standards:

A. The ADU must be constructed with compatible/complementary facade materials, generally

the same color palette, and similar in texture and appearance to the primary dwelling,

including but not limited to roofing, siding, windows, and doors.

B. The ADU roof height cannot exceed the height of the primary residence and the ADU roof

pitch/form must be compatible with the roof pitch/form of the primary dwelling.

C. No less than 10% of the entire elevation facing an alley or public street shall be windows.

D. Rooftop decks are prohibited

E. Balconies shall not face an interior side lot line

(d) Detached Accessory Dwelling Units. The following provisions shall also apply to all detached

Accessory Dwelling Units:

1) Except as modified by this section, a detached ADU must conform to all requirements of the

underlying residential zoning district, any applicable overlay district, and all other applicable

zoning provisions, including height, setback, floor area ratio, and historic preservation

requirements.

2) Setbacks.

A. A detached Accessory Dwelling Unit must be located no less than five feet from the primary

dwelling unit on site.

B. The minimum side setbacks for a detached ADU is five feet from interior side lot lines and

fifteen from street side lot lines of corner lots.

C. On reverse corner lots, a detached ADU may not project beyond the inner line of the front

yard required on the adjacent lot to the rear, nor be located less than five feet from the side lot

line of such adjacent lot.

D. The minimum rear yard setback for a detached ADU is five feet.

E. Notwithstanding subsections (A) through (D), the minimum setbacks for an ADU that is

constructed above an existing garage is five feet from the rear and side property lines

(including street side corner lots and reverse corner lots).

3) Height.

Commented [O21]: This code is intended to differentiate size

restrictions on converting a single level or multi-story with an

interior ADU. Should the ADU be 864 sq. ft. or 50% of the total

floor area, whichever is larger?

Commented [O22]: Distance from primary dwelling is

discretionary.


A. A one story detached ADU may be up to 15 feet in height.

B. A detached ADU constructed over a garage or other accessory structure where the ADU

would be five feet from the rear or side lot line may be up to 17 feet in height when such unit

has a flat roof.

C. A detached ADU constructed over a garage or other accessory structure where the ADU

would be five feet from the rear or side lot line may be up to 20 feet in height when such unit

has a pitched roof.

D. A detached ADU constructed over a garage or other accessory structure where the ADU

would meet the side and rear yard setbacks of the underlying zoning district may be up to 20

feet in height when such unit has a flat roof.

E. A detached ADU constructed over a garage or other accessory structure where the ADU

would meet the side and rear yard setbacks of the underlying zoning district may be up to 24

feet in height when such unit has a pitched roof

4) The maximum floor area of a detached ADU is 1,000 sq. ft. unless it is created by converting a

garage. ADUs that are converted garages may not exceed the square footage of the ground floor

of the primary dwelling unit or 768 sq. ft., whichever is larger.

5) A detached ADU must comply with the following design standards:

A. The ADU must comply with Minnesota Uniformed Building Code if the new construction

includes:

a. ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured from

finished grade); or

b. creates or expands an upper floor.

B. The ADU must be constructed with compatible/complementary facade materials, generally the

same color palette, and similar in texture and appearance to the primary dwelling, including

but not limited to roofing, siding, windows, and doors.

C. The ADU roof pitch/form must be compatible with the roof pitch/form of the primary

dwelling.

Commented [O23]: This is discretionary

Commented [O24]: This is discretionary

Commented [O25]: Plainview code says the minimum size of

a single family home ground floor is 864 sq. ft. or 1,440 if it has

two floors. ADUs should be smaller than the primary residence,

so to what size do we want to limit the ADU? Plainview code

limits garage size as per this proposed ADU language.

C:\Users\Owner\Documents\eda\City\ADUs\City_ADU_comparison_v1.docx Page 1 of 5

ADU Code Comparison – 3/13/2019

City

NUMBER OF ADUs ALLOWED PER LOT

TYPE OF ADUs OFF-STREET PARKING SPACES REQUIRED

MUST PROPERTY OWNER LIVE ONSITE?

NUMBER OF PEOPLE ALLOWED PER LOT; PER ADU

SIZE & SETBACKS DESIGN; MUST ADU MATCH HOUSE EXTERIOR?

ENTRANCES & WINDOWS; OTHER DESIGN SPECS

PERMIT& FEES

Apple Valley Minimum lot size = 40,000 sq. ft. Max. ADU size = 40% primary residence Min. size = 300 sq. ft.

Requires CUP and ADU approval

Bloomington NOT permitted in conjunction with two-family units, townhomes/ rowhomes, or multiple family dwellings *Home occupations allowed in ADU but home business are not allowed

1 ADU Attached “to a four season living space” or Internal in single family home ADUs not allowed in detached garages or structures Must be fully separated from single family unit by means of a wall or floor, with or without a door Having a separate entrance

Minimum single family parking standard must be met before ADU created= four (4) off-street spaces, two of which are within a garage or an area that could be occupied by a garage

Cannot be subdivided or otherwise separated in ownership from the associated single family dwelling

2 persons (must have annual rental license)

Minimum size = 300 sq. ft. Max. size = 960 sq. ft. Minimum lot size for single family home that allows ADU = 11,000 sq. ft. Cannot exceed 33% of the four-season living area of the associated single family home and associated single family unit must continue to meet minimum floor area requirements. Must conform to City Code for single family dwelling re: setback, height, impervious surface, motor vehicle, rec. vehicle and accessory structure standards

Must be designed and constructed to maintain the outward appearance of one single-family dwelling Must meet Mn State Building Code (fire resistance and insulation between units) Must connect to municipal sewer and water No more than two bedrooms permitted in ADU

Annual rental license required

Eagan Smoke detectors in all sleeping rooms and carbon monoxide detectors within 10 ft, if sleeping rooms

1 ADU ADUs must be located in R1 or Estate Zoning - ADU must be internal or attached to primary residence

Two off-street parking spaces per ADU in addition to 2 off-street parking spaces for primary residence. Additional garage can be constructed

Property owner must reside in primary residence or the ADU as their permanent and legal address1 Not less than 185 days of calendar year

2 persons max. and no more than 2 bedrooms

Min. floor area – 300 sq. ft. Max. floor area – 960 sq. ft. (or 33% of primary residence footprint, whichever is less No ADU shall be permitted if the building coverage on the lot exceeds or will exceed 20% Must connect to city sewer and water and be served by only one service line from street to the primary residence.

Must match design, style, appearance and character of primary residence and cannot extend beyond height of primary residence ADU can be created by converting garage space as long as new two-car or larger garage is constructed on lot without needing a variance

ADUs must be registered with City Clerk for 12 month period and renewed annually

1 Eagan – An ADU must not be subdivided or otherwise segregated in ownership from the primary residence; defines Accessory Dwelling Unit as “granny flat” or “mother-in-law apartment” – self-contained living unit located within the walls of an existing or newly constructed single-family home.


City







PERMIT& FEES

Lakeville Defines ADU as “multi-generational housing Property shall have one postal address

Must have minimum of three garage stalls with direct ext. access attached to principal building with a driveway access in front of each stall to allow direct vehicle maneuvering to each of the stalls

Minimum Lot size = 8,400 – 10,200 sq.ft. in R4 districts Minimum Lot size = 20,000 sq. ft. in R1 pre-1994; 40,000 sq. ft. in R1 post-1994 Must be served by single municipal water, sewer gas and/or electric utility line with single meter

Must have interior connection between main living area and ADU that can be unlocked from each side nad not secured by deadbolt or keyed lockset Must have one heating and AC system

Minneapolis 1 per lot in residential districts

-Attached, internal and detached -ADU is not considered principal residential structure or single family dwelling -Is not considered separate tax parcel

Minimum of 1 off-street parking space per dwelling unit; but not required to provide an additional space for the ADU No more than two unenclosed vehicles per dwelling unit on zoning lot; ADU not considered a dwelling. Detached ADUs can be within 6 ft. of an open parking space

Either ADU or main unit must be owner-occupied for the entire calendar year; restriction recorded on deed

Min. floor area (all types) = 300 sq. ft Max. floor area (internal) = 800 sq. ft. --cannot exceed size of gr. Fl. & must be on one level Max. floor area (attached) = 800 sq. ft. Max. floor area (detached) = 1,000 sq.ft.2 including parking areas and any half-story floor area. Maximum height (detached) = 20 ft. Cannot exceed the highest point of the principal residential structure. SETBACKS *Internal/attached: as per zoning requirements *When principal ADU entrance faces interior side lot line, set back 15 ft. (22 ft. if there is a driveway between entrance and side lot line

*Detached only o Interior side yard = 3 ft. o Rear yard = 3 ft. if garage doors face the side

or front; 5 ft. if garage doors face rear; 5 ft. if rear lot line coincides with the side lot lne

o Reverse corner side yard = 2/3rds of the depth of the required front yard of adjacent property to the rear based on the yard requirements table of its zoining district

o Distance to house = 20 ft.

Attached ADU - -exterior materials must match primary exterior materials

- Rooftop decks are prohibited

- Balconies shall not face an interior side lot line

Attached/internal ADU - no additional entrances facing public street of primary residence

- Exterior stairways leading to upper story of attached ADU shall be enclosed

- Exterior stairways leading to detached ADU shall be allowed as long as the railing finish matches the trim of the detached ADU (no raw or unfinished lumber)

- No less than 10% of the entire elevation facing an alley or public street shall be windows.

App reviewed by Zoning – fee $260

Minnetonka Allows ADUs through CUP

Defines ADUs as accessory

Internal - Considered accessory apts.

Owner must live in primary residence or

Minimum Lot size = 12,000 sq. ft. in R1; or 12,500 sq. ft. in R2

Can have either exterior entrances separate from principal unit or

2 Minneapolis – detached max. floor area – “The combined footprint area of a detached ADU, and all other accessory structures and uses designed or intended to be used for the parking of vehicles, shall not exceed 676 sq. ft. or 1-% of the lot area, whichever is greater, not to exceed 1,000 sq. ft.


City







PERMIT& FEES

process. apartments 1 ADU per property

located within primary unit that include sleeping, cooking and bathroom independent of principal unit.

ADU ADU must not exceed 35% of living area of primary residence or 950 sq. ft. Perrmanent ADU can be occupied by any person regardless of mental or physical ability or impairment

can be accessed only through principal unit

Plymouth ADU must have separate address from principal dwelling

1 ADU per lot

Attached or detached. Can be located above an attached or detached garage (1 acre to 12,500 sq. ft. min. lot size depending on zone

In addition to parking required for primary unit, ADU must have 2 off-street parking spaces

Owner must live in primary residence or ADU No separate ownership of ADU

Minimum Lot size = 12,500 sq. ft. ADUs allowed in residential subdivision approfed on or after 6/1/2001 and that include ten or more single family lots Cannot exceed gross floor area of principal dwelling or 1,000 sq. ft. (whichever is less) Subject to same setbacks as principal unit Principal dwelling unit and ADU must connect to municipal sewer and water

Must match exterior of principal structure re: style, roof pitch, colors and materials

Requires city license to rent Permit for ADU can only be applied for concurrent with application for permit for principal structure

Richfield 1 ADU Internal; attached or detached allowed providing the principal residential structure is a single-family dwelling Conversion of garage to ADU prohibited unless garage space is replaced. If existing garage exceeds parking for two vehicles, garage can be converted without replacement.

Minimum of 3 off-street parking spaces required if adding ADU of any kind

- Owner must occupy at least one dwelling unit on lot;

- proof of homesteading required;

- ADU is not a separate tax parcel

Min. floor area - 300 sq. ft. Max. floor area – 800 sq. ft. or gross floor area of the principal dwelling, whichever is less

Primary exterior materials of attached ADU must match those of principal structure. Exterior materials of new construction of any type of ADU must match structure to which it is attached

-No additional entrances facing public street on primary structure permitted for attached or internal ADUs Exterior stairways leading to upper story ADUs shall be allowed as long as staircase and railing are not raw or unfinished lumber

Rental license for non-owner-occupied unit required

Rochester 1 ADU Internal – One paved on- Owner must 2 for Internal – max. of 600 sq. ft. with no more than ADU must meet code Entrance for internal


City







PERMIT& FEES

City defines ADUs as “Accessory Apartment in existing one family detached dwellings” or “accessory apartment developed as part of detached garage” or a “rear dwelling”

Cannot have ADU if there is a home occupancy business on premise

“permitted in existing one family detached dwellings” Detached – “accessory apartment developed as part of a detached garage” Detached – Rear Dwelling “a building to the rear of an existing principal building”

site parking space

live in either ADU or principal structure

internal one bedroom Detached – max. 900 sq. ft. and 2nd floor max. is 785 sq. ft. of a detached garage Detached Rear Dwelling – no size restriction in code but must conform to zoning ordinance re: lot area, yard, landscaping area and off-street parking plus it must have an “unoccupied and unobstructed accessway to public street of no less than 18 ft. in width” Lot size minimum is 5,000 sq. ft if ADU s detached accessory apartment or a rear dwelling Combo garage/ADU must conform to all applicable standards and setbacks with the 0065ception that the wall of any part of the building used for the ADU must be a min. of 6’ from nearest wall of principal single family detached dwelling

for rental housing Appearance must be compatible with existing principal dwelling on lot re: design, form, height, materials and landscaping

ADU must not be placed on the building front Entrances for detached must have paved pedestrian access to the door of the ADU from street and also alley if detached garage has access to an alley

St. Paul 1 ADU permitted in residential districts Lot size minimum = 5,000 sq. ft.

Defined as secondary dwelling unit within or attached to principal one-family dwelling unit; or detached accessory building on same zoning lot

Provided that the minimum parking requirement for the principal one-family dwelling on the lot is met, no additional parking is required.

Owner of property must occupy the principal dwelling unit or the ADU as permanent and principal residence3 ADU cannot be sold separately from principal dwelling unit and may not be a separate tax parcel.

Cannot exceed definition of family allowed in a single housekeeping unit

Max. floor area = 800 sq. ft.

If located within primary structure – minimum floor area must be 1,000 sq. ft. and accessory unit shall not exceed 1/3 of total floor area of structure.

For multi-story principal structures built prior to enactment of ADU code, maximum floor area of ADU may be equal to first floor of primary residence by shall be less than or equal to 50% of total floor area of structure.

- Exterior stairways shall be built of durable materials that match the finish of the principal structory or ADU to which they are attached (Raw or unfinished lumber prohibited)

- Walkway must be provided from abutting public street to the primary entrance of ADU

- Upper floor units in internal ADUs must have interior stairway access to primary entrance of ADU

- Secondary stairways required for fire safety may be located on exterior of the side or rear of the building, but not on the front of the building..

-

Annual affidavit must be filed by owner declaring primary residence – annual fee charged.

3 St. Paul – Property owner shall execute a Declaration of Land Use Restrictive Covenants and Owner’s Warranties creating certain covenants running with the land for the

purpose of enforcing the standards and conditions of subsection and file … with County Recorder. Property owner must deliver an executed original of the Declaration (with date and document number of record) to zoning administrator before any City building or zoning permits required for ADU can be issued.

CITY OF PLAINVIEW STATE OF MINNESOTA

ORDINANCE NO. 2020-02

ZONING AND LAND MANAGEMENT Accessory Dwelling Unit

609.22 ACCESSORY DWELLING UNITS

609.22.1 Authority and Purpose. The purpose of this section of code is to provide guidelines and minimum standards to facilitate both the construction of new Accessory Dwelling Units (ADUs), also known as “second units,” “mother-in-law apartments,” or “granny flats,” and to guide legalization of unpermitted ADUs.

The reasons the city is allowing ADUs are:

a) To expand the supply of affordable housing for both owners and renters in the community;

b) To expand the supply of accessible housing for Senior Citizens and persons with disabilities;

c) To provide a means for homeowners, particularly the elderly, to obtain extra income, security, companionship, and service;

d) To make more efficient use of existing housing stock and infrastructure; and

e) To provide a mix of housing that responds to changing family needs, smaller households, and increasing housing costs.

609.22.2 Definitions.

a) Accessory Dwelling Unit (ADU). Accessory Dwelling Unit means either an interior dwelling unit within the primary family dwelling unit, or an attached dwelling unit or a detached dwelling unit in a R1, R2 or Transition zone. The ADU provides complete independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking, and sanitation, and is located on the same parcel as a single-family dwelling.

1) Cooking Facility. A cooking facility means an area containing a refrigeration appliance; and a kitchen sink and cooking appliance, each having a clear working space of not less than 30 inches. “Cooking appliance” includes any appliance capable of cooking food, including a range, stove, oven, microwave, or hot plate, but not including a toaster or electric kettle.

2) Living Area. The term living area has the meaning, “The interior habitable area of a dwelling unit including basements and attics and does not include a garage or any accessory structure.”

3) Sanitation Facilities. Sanitation facilities means a toilet, sink, and bathtub or shower.

4) Sleeping Facilities. Sleeping facilities means an area dedicated to sleeping that meets building code requirements for habitability.

b) Accessory Dwelling Unit, Interior. An interior Accessory Dwelling Unit means an ADU in a R1, R2 or Transition zone that is located entirely within the existing and legally created space of a single-family home (primary dwelling unit) or accessory structure. The Interior Accessory Dwelling Unit must be fully separated from the single-family dwelling unit or accessory building by means of a wall or floor, with or without a door.

c) Accessory Dwelling Unit, Attached. An attached Accessory Dwelling Unit means ADU in a R1, R2 or Transition zone, which is constructed as a vertical or horizontal addition to a single-family home (primary dwelling unit), and must be fully separated from the single family dwelling unit by a wall, with or without a door.

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d) Accessory Dwelling Unit, Detached. A detached Accessory Dwelling Unit means an ADU in a R1, R2 or Transition zone, which is constructed as an independent structure, surrounded by open space and on the same lot as the primary dwelling unit. A detached ADU can be attached to an accessory structure (e.g., garage), or it can be created by converting all or part of an existing independent structure into living area.

e) Owner Occupied. Owner occupied means the owner currently resides on the property.

f) Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the Accessory Dwelling Unit.

g) Short-term Rentals – Short-term rentals means rentals for less than 30 days.

609.22.3 Development Standards.

a) General Provisions. The following provisions apply to all Accessory Dwelling Units:

1) Number. The lot must contain an existing single-family home and no other dwelling units. No more than one Accessory Dwelling Unit may be added on any lot either by converting an existing accessory building or constructing a new dwelling unit that conforms to ADU code.

2) Zoning District. The project site must be zoned for residential use in either a R-1, R-2 or Transition Districts.

3) Ownership. Accessory Dwelling Units may not be subdivided and may not be otherwise separated in ownership from the associated single-family dwelling unit.

A. The creation of an Accessory Dwelling Unit shall not create a separate tax parcel.

B. At the time of application, the property owner must acknowledge in writing the restrictions in subsections B(i.) through B(iii.) regarding sale, owner occupancy, and short-term rentals of Accessory Dwelling Units.

i. The Accessory Dwelling Unit may not be sold separately from the existing single-family home.

ii. Either the single-family home or the Accessory Dwelling Unit must be owner-occupied if the home and Accessory Dwelling Unit are occupied by different families.

iii. Neither the Accessory Dwelling Unit nor the single-family home may be used for short-term residential rentals.

C. Before issuance of a building permit for the Accessory Dwelling Unit, the owner must record a covenant in a form approved by the City Attorney to notify future owners of the restrictions in subsections B(i.) through B(iii.) regarding sale, owner occupancy, and short term rentals of Accessory Dwelling Units.

4) Occupancy. The property owner of record shall occupy either the principal dwelling unit or the Accessory Dwelling Unit as their permanent and principal residency.

5) Accessory Dwelling Unit Occupancy. Occupancy is limited to two adult persons or a maximum of three people.

6) Building Code Compliance. The Accessory Dwelling Unit shall conform to all applicable state and local building code requirements.

7) Density/Zoning Compliance - An Accessory Dwelling Unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot.

8) Size - An Accessory Dwelling Unit must include no less than the minimum floor area identified for an efficiency unit (320 sq. ft.). The Accessory Dwelling Unit must not exceed maximum sizes: internal ADU - 864 sq. ft. or size of ground floor; attached ADU: 864 sq. ft.; and detached ADU –

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1,000 sq. ft. unless it is created by converting a garage. ADUs that are converted garages may not exceed the square footage of the ground floor of the primary dwelling unit or 768 sq. ft., whichever is larger

9) Utilities – Accessory Dwelling Units must be served by municipal sewer and water. Separate utility metering for the ADU is prohibited.

10) Bedrooms – No more than two bedrooms are permitted in the Accessory Dwelling Unit.

11) Parking - One additional off-street parking space is required for the Accessory Dwelling Unit. If the Accessory Dwelling Unit replaces an existing garage, carport or covered parking structure, replacement spaces must be provided equal to the number of spaces removed. Replacement spaces may be provided as covered or uncovered spaces on paved or unpaved.

12) Density - An Accessory Dwelling Unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot.

13) Appearance – Accessory Dwelling Units and their associated single-family dwelling units must clearly be designed and constructed to maintain the outward appearance of one single family dwelling.

A. Exterior finish materials – Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling.

B. Roof pitch – The roof pitch must be the same as the predominant roof pitch of the primary dwelling

C. Windows – If the street-facing façade of the ADU is visible from the street, its windows must match in proportion and orientation, the windows of the primary dwelling

D. Eaves – If the primary dwelling has eaves, the ADU must have eaves that project the same distance from the building. If the primary dwelling does not have eaves, no eaves are required of the ADU.

E. Exemptions – Detached Accessory Dwelling Units may be exempt from Section 609.22.3 - a) General Provisions 14A.-D. if the size is under 864 sq. ft. and the height is under 24’

F. Single Family Dwelling Code Compliance - Accessory Dwelling Units in combination with their associated single-family dwelling unit must conform to all City Code requirements for single-family dwellings, including but not limited to setback, height, impervious surface, motor vehicle, recreational vehicle, and accessory structure standards.

14) Access and Entrances - The creation of an Accessory Dwelling Unit shall not result in additional entrances facing the public street on the primary structure. Only one entrance may be located on the façade of the primary dwelling facing the street, unless the primary dwelling contained additional entrances before the Accessory Dwelling Unit was created. An exception is entrances that do not have access from the ground such as entrances from balconies or decks.

A. A walkway shall be provided from an abutting public street to the primary entrance of the attached or detached Accessory Dwelling Unit

15) Conversion to Primary Dwelling Unit.

A. An Accessory Dwelling Unit shall become the primary dwelling unit on a site if the original primary dwelling unit is demolished or determined to be uninhabitable, and is not replaced or made habitable within one year of its demolition or the determination that it is uninhabitable.

B. If an Accessory Dwelling Unit becomes the primary dwelling unit, it shall remain so, and be considered a nonconforming but lawful structure if it fails to comply with any zoning standards applicable to a primary dwelling unit in the zoning district where it is located, until such time

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as a new structure compliant with all zoning standards applicable to a primary dwelling unit in the zoning district where it is located, is lawfully constructed or otherwise created on the site.

16) Vacant Lots.

A. A building permit applicant for a vacant site may propose construction of both a single-family dwelling unit and an Accessory Dwelling Unit concurrently. However, the primary dwelling unit must pass final inspection prior to final inspection of the associated Accessory Dwelling Unit. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect of any other zoning provision requiring issuance of a discretionary permit for construction of the primary dwelling unit prior to issuance of a building permit.

B. The discretionary review of the primary dwelling unit must not include consideration of the Accessory Dwelling Unit use.

17) Passageways - A passageway between the primary dwelling unit and detached ADU may not be required in conjunction with the construction of an Accessory Dwelling Unit.

18) ADU Approval - An Accessory Dwelling Unit conforming to the provisions of this section shall be approved administratively

609.22.4 Interior Accessory Dwelling Units

a) Interior Accessory Dwelling Units. The following provisions also apply to interior Accessory Dwelling Units:

1) The Accessory Dwelling Unit must be constructed entirely within the existing and legally created space of a single-family home or accessory structure in an R-1, R-2 or Transition Districts.

2) The zoning standards of the underlying zoning district (e.g., setbacks, height, floor area ratio, etc.) do not apply to interior Accessory Dwelling Units.

3) Interior Accessory Dwelling Unit size is 864 sq. ft. or size of ground floor, whichever is larger.

4) Internal ADUs within the principal structure shall have interior stairway access to the primary entrance of the unit. Secondary stairways required for fire safety may be located on the exterior of the side or rear of the building, but shall not be allowed on the front of the building.

A. Exterior stairways shall be built of durable materials that match the finish of the principal structure or accessory building to which they are attached. Raw or unfinished lumber shall not be permitted.

5) If the primary structure is on a single level, the minimum floor area must be 1,000 sq. ft. and Accessory Dwelling Unit shall not exceed one-third of total floor area of structure. If the primary structure is multi-story, the maximum floor area of the Accessory Dwelling Unit may be equal to the first floor of the primary residence or can be less than or equal to 50% of the total floor area of the structure.


a) Attached Accessory Dwelling Units. The following provisions shall also apply to all attached Accessory Dwelling Units:

1) Except as modified by this section, an ADU attached to the primary dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions, including height, setback, floor area ratio.

2) The increased floor area of an ADU attached to the existing single-family home shall not exceed 50% of the floor area of the existing single-family home or 864 square feet whichever is less.

3) An attached ADU must comply with the following design standards:

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A. The ADU must be constructed with compatible/complementary facade materials, generally the same color palette, and similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, windows, and doors.

B. The ADU roof height cannot exceed the height of the primary residence and the ADU roof pitch/form must be compatible with the roof pitch/form of the primary dwelling.

C. No less than 10% of the entire elevation facing an alley or public street shall be windows.

D. Rooftop decks are prohibited

E. Balconies shall not face an interior side lot line


a) Detached Accessory Dwelling Units. The following provisions shall also apply to all detached Accessory Dwelling Units:

1) Except as modified by this section, a detached ADU must conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable zoning provisions, including height, setback, floor area ratio, and historic preservation requirements.

2) Setbacks.

A. A detached Accessory Dwelling Unit must be located no less than five feet from the primary dwelling unit on site.

B. The minimum side setbacks for a detached ADU is five feet from interior side lot lines and fifteen from street side lot lines of corner lots.

C. On reverse corner lots, a detached ADU may not project beyond the inner line of the front yard required on the adjacent lot to the rear, nor be located less than five feet from the side lot line of such adjacent lot.

D. The minimum rear yard setback for a detached ADU is five feet.

E. Notwithstanding subsections (A) through (D), the minimum setbacks for an ADU that is constructed above an existing garage is five feet from the rear and side property lines (including street side corner lots and reverse corner lots).

3) Height.

A. A one story detached ADU may be up to 15 feet in height.

B. A detached ADU constructed over a garage or other accessory structure where the ADU would be five feet from the rear or side lot line may be up to 17 feet in height when such unit has a flat roof.

C. A detached ADU constructed over a garage or other accessory structure where the ADU would be five feet from the rear or side lot line may be up to 20 feet in height when such unit has a pitched roof.

D. A detached ADU constructed over a garage or other accessory structure where the ADU would meet the side and rear yard setbacks of the underlying zoning district may be up to 20 feet in height when such unit has a flat roof.

E. A detached ADU constructed over a garage or other accessory structure where the ADU would meet the side and rear yard setbacks of the underlying zoning district may be up to 24 feet in height when such unit has a pitched roof

4) The maximum floor area of a detached ADU is 1,000 sq. ft. unless it is created by converting a garage. ADUs that are converted garages may not exceed the square footage of the ground floor of the primary dwelling unit or 768 sq. ft., whichever is larger.

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5) A detached ADU must comply with the following design standards:

A. The ADU must comply with Minnesota Uniformed Building Code if the new construction includes:

i. ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured from finished grade); or

ii. creates or expands an upper floor.

B. The ADU must be constructed with compatible/complementary facade materials, generally the same color palette, and similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, windows, and doors.

C. The ADU roof pitch/form must be compatible with the roof pitch/form of the primary dwelling.

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REVISIONS TO EXISTING ZONING CODE DEFINITIONS 607 ZONING AND LAND MANAGEMENT, DEFINITIONS. For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows, or if there are any terms or words not contained herein that described the applicable physical characteristic or condition that prevails, then the definition or abbreviations contained in the current Uniform Building Code as published shall prevail. Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory, and the words "should" and "may" are permissive. In the event of conflicting provisions in the rest of these regulations, the more restrictive shall apply.

1. Accessory Buildings– A subordinate structure or building on the same lot which is incidental and subordinate to the principal use of the primary or main building.

2. Accessory Building, Permanent- Any structure for the shelter, support, or enclosure of persons, animals, chattels, or personal property of any kind, which is permanently affixed to the land. A permanent building shall consist of a floor of solid construction, a roof constructed of solid material supported from the floor by structural supports and enclosed by walls. The structure shall be permanently fixed to the ground resting on a poured concrete or block foundation or concrete footings. Storage structures and accessory use structures including but not limited to garages may have earthen floors provided the structure is permanently attached to below-grade footings or a poured or constructed foundation. Typical permanent accessory buildings could be detached garages, garden sheds, gazebos, greenhouses, etc.

3. Accessory Building, Temporary –Any structure (usually consisting of floor, sidewalls, and roof) which is not permanently attached to the ground, or concrete block foundation, poured concrete footings, or a poured concrete foundation. All structures which are on temporary timbers or wheels (but not-motorized) shall constitute temporary buildings. All structures that are portable in nature and capable of being relocated which are not permanently fixed to a foundation or permanent foundational footings installed on the ground shall constitute a temporary building. Typical temporary accessory buildings could be dog houses, arbors, swing sets, tree houses, sandboxes, etc.

4. Agriculture Building. A building located on agricultural property and used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public.

5. Accessory Dwelling Unit (ADU). Accessory Dwelling Unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking, and sanitation, and is located on the same parcel as a single-family dwelling. An Accessory Dwelling Unit may consist of an efficiency unit.

a) Efficiency Unit - an efficiency apartment as defined in the building code may be permitted if it satisfies all of the following requirements: i. The efficiency apartment must have a habitable room of not less than 220 square feet of

superficial floor area. An additional 100 square feet of superficial floor area must be provided for each occupant in excess of two of that apartment.

ii. The efficiency apartment must be provided with a kitchenette that is equipped and arranged for complete kitchen use.

iii. The kitchenette must be equipped with a tenant-operated electric exhaust fan not less than 100 cfm connected to the outside air. This requirement does not apply to an efficiency apartment constructed prior to September 17, 1967.

iv. The efficiency apartment must be provided with a separate bathroom meeting the requirements in the Building Code. This requirement does not apply to an efficiency apartment constructed prior to July 17, 1967,

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b) Accessory Dwelling Unit, Interior. An interior Accessory Dwelling Unit means an ADU in a R1, R2 or Transition zone that is located entirely within the existing and legally created space of a single-family home (primary dwelling unit) or accessory structure. The Interior Accessory Dwelling Unit must be fully separated from the single-family dwelling unit or accessory building by means of a wall or floor, with or without a door.

c) Accessory Dwelling Unit, Attached. An attached Accessory Dwelling Unit means ADU in a R1, R2 or Transition zone, which is constructed as a vertical or horizontal addition to a single-family home (primary dwelling unit), and must be fully separated from the single family dwelling unit by a wall, with or without a door.

d) Accessory Dwelling Unit, Detached. A detached Accessory Dwelling Unit means an ADU in a R1, R2 or Transition zone, which is constructed as an independent structure, surrounded by open space and on the same lot as the primary dwelling unit. A detached ADU can be attached to an accessory structure (e.g., garage), or it can be created by converting all or part of an existing independent structure into living area.

24. Dwelling Unit. One or more rooms connected together, constituting a separate, independent housekeeping

establishment for owner occupancy, or rental, or lease on weekly, monthly, or longer basis and physically separate from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities. ADU’s shall not be rented in periods less than 30 days.

25. Dwelling Unit, Multi-family Unit. A residential building designed for or occupied by three or more families, with

the number of families in residence not exceeding the number of dwelling units provided and not including an Accessory Dwelling Unit.

26. Dwelling Unit, Single-family. A detached residential dwelling unit including, but not limited to, stick built

housing, manufactured housing complying with Minnesota statutes §327.3l to §327.36, and mobile homes complying with Minnesota Statutes §327.3l to §327.36, designed for and occupied by one family only, except that the structure may also contain an Accessory Dwelling Unit where expressly authorized pursuant to 609.22.

27. Dwelling Unit, Two Family. A residential building containing two dwelling units, designed for occupancy by not

more than two families, neither of which is an Accessory Dwelling Unit.

Enter Agenda Item Name Here | Page 1 of 2


AGENDA ITEM: Metal Detection Ordinance AGENDA SECTION: New Business

PREPARED BY: Shane Loftus, Public Works Director/Firefighter AGENDA NO. 5.B.

ATTACHMENTS: None APPROVED BY:

RECOMMENDED ACTION: Motion to approve Ordinance 2020-03-Amending Section 705.7.2 Willful Destruction of Public Parks, Public Cemetery, and City Owned Property.

SUMMARY This issue was brought up by Public Works Director Shane Loftus. The purpose of amending this ordinance is to prevent damage to public property.

CITY OF PLAINVIEW STATE OF MINNESOTA

ORDINANCE NO.2020-03

Amendment to Section 705.7.2 Willful Destruction of Public Parks, Public Cemetery, and City

Owned Property.

Proposed Final Text

No person shall willfully and without authority, cut, pluck, dig or otherwise injure any flowers,

shrubs or trees growing in or around any public parks, public cemetery, or other city owned

property, or shall willfully injure, damage or destroy any stand, bench or other property

situated on such park, cemetery, or property. No person shall willfully and without authority

dig, bury, or metal detect on such park, cemetery, or other public grounds of the city.

705.7.2 Willful Destruction of Public Parks, and Public Cemetery Property and City Owned

Property. No person shall willfully and without authority, cut, pluck, dig or otherwise injure any

flowersany flowers, shrubs or trees growing in or around any public parks, public cemetery, or

other public grounds of the Citycity owned property, or shall willfully injure, damage or destroy

any stand, bench or other property situated on such park, cemetery, or groundproperty. No

person shall willfully and without authority dig, bury, or metal detect on such park, cemetery,

or other public grounds of the city.

705.7.2 Willful Destruction of Public Parks, and Public Cemetery Property and City

Owned Property. No person shall willfully and without authority, cut, pluck, dig or

otherwise injure any flowers, shrubs or trees growing in or around any public

parks, public cemetery, or other public grounds of the Citycity owned property, or

shall willfully injure, damage or destroy any stand, bench or other property

situated on such park, cemetery, or groundproperty. No person shall willfully and

without authority dig, bury, or metal detect on such park, cemetery, or other

public grounds of the city.

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AGENDA ITEM: 2019 Audit AGENDA SECTION: New Business

PREPARED BY: Vicki Axley, Finance Director AGENDA NO. 5.C.

ATTACHMENTS: Audit Report APPROVED BY:

RECOMMENDED ACTION: Motion to approve Resolution 2020-15, Accepting the 2019 Financial Statements with Independent Auditors’ Report.

SUMMARY

Monica Hauser, of Hawkins Ash CPAs, will be here on Tuesday, June 30, 2020, to review the City of Plainview’s 2019 Audited Financial Statements. Ms. Hauser will give a presentation highlighting items of interest and be available to answer any questions that you may have. RECOMMENDATION

Staff recommends approval of a resolution accepting the 2019 Financial Statements with Independent Auditors’ Report. This report is due to the State of MN by June 30, 2020.

CITY OF PLAINVIEW WABASHA COUNTY, MINNESOTA

RESOLUTION 2020 – 15

ACCEPTING THE 2019 FINANCIAL STATEMENTS WITH INDEPENDENT

AUDITORS’ REPORT

WHEREAS, the City of Plainview has been presented its 2019 Financial Statements with Independent Auditors’ Report, prepared by the firm of Hawkins Ash CPAs.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Plainview, Minnesota, accepts its 2019 Financial Statements with Independent Auditors’ Report.

ADOPTED as of the 30th day of June, 2020.

Roger Ziebell, Mayor

MariClair Schneider, City Clerk

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AGENDA ITEM: Ordinance 2020-02-Accessory Dwelling Unit

AGENDA SECTION: New Business

PREPARED BY: David Schmidt, Interim City Administrator AGENDA NO. 5.C.

ATTACHMENTS: COVID-19 Preparedness Plan for the City of Plainview APPROVED BY:

RECOMMENDED ACTION: Motion to approve COVID-19 Preparedness Plan for the City of Plainview.

SUMMARY

Cities are being required to adopt a COVID-19 Preparedness Plan by the State. The League of MN Cities provided a sample plan to work from. RECOMMENDATION

Staff recommends approval of COVID-19 Preparedness Plan.

COVID-19 Preparedness Plan for City of Plainview City of Plainview is committed to providing a safe and healthy workplace for all our workers and customers, clients, patrons, guests, visitors. To ensure we have as safe and healthy workplace, City of Plainview have developed the following COVID-19 Preparedness Plan in response to the COVID-19 pandemic. Managers and workers are all responsible for implementing this plan. Our goal is to mitigate the potential for transmission of COVID-19 in our workplaces and communities, and that requires full cooperation among our workers and management. Only through this cooperative effort can we establish and maintain the safety and health of all persons in our workplaces.

The COVID-19 Preparedness Plan is administered by City Administrator who maintains the overall authority and responsibility for the plan. However, management and workers are equally responsible for supporting, implementing, complying with, and providing recommendations to further improve all aspects of this COVID-19 Preparedness Plan. City of Plainview’s managers and supervisors have our full support in enforcing the provisions of this plan.

Our workers are our most important assets. City of Plainview is serious about safety and health and protecting its workers. Worker involvement is essential in developing and implementing a successful COVID-19 Preparedness Plan.

City of Plainview’s COVID-19 Preparedness Plan follows the industry guidance developed by the State of Minnesota, which is based upon Centers for Disease Control and Prevention (CDC) and Minnesota Department of Health (MDH) guidelines for COVID-19, Minnesota’s Occupational Safety and Health Administration (Minnesota OSHA) statutes, rules, and standards, and Minnesota’s relevant and current executive orders, and addresses:

• Ensuring sick workers stay home and prompt identification and isolation of sick persons; • Social distancing – Workers must be at least six-feet apart; • Worker hygiene and source controls; • Workplace building and ventilation protocol; • Workplace cleaning and disinfection protocol; • Drop-off, pick-up and delivery practices and protocol; and • Communications and training practices and protocol.

City of Plainview has reviewed and incorporated the industry guidance applicable to our business provided by the State of Minnesota for the development of this plan. Other conditions and circumstances included in the industry guidance and addressed in the plan that are specific to our business include:

� additional protections and protocols for customers, clients, guests, visitors; � additional protections and protocols for personal protective equipment (PPE); � additional protections and protocol for access and assignment; � additional protections and protocol for sanitation and hygiene; � additional protections and protocols for work clothes and hand washing; � additional protections and protocol for distancing and barriers; � additional protections and protocols for managing occupancy; � additional protocols to limit face-to-face interaction; � additional protections for receiving or exchanging payment; and � additional protections and protocols for certain types of businesses with an industry.

Ensure sick workers stay home and prompt identification and isolation of sick persons

Workers have been informed of and encouraged to self-monitor for signs and symptoms of COVID-19. The following policies and procedures are being implemented to assess workers’ health status prior to entering the workplace and for workers to report when they are sick or experiencing symptoms.

City of Plainview has implemented leave policies that promote workers staying at home when they are sick, when household members are sick, or when required by a health care provider to isolate or quarantine themselves or a member of their household. Accommodations for workers with underlying medical conditions or who have household members with underlying health conditions have been implemented.

City of Plainview has also implemented a policy for informing workers if they have been exposed to a person with COVID-19 at their workplace and requiring them to quarantine for the required amount of time. In addition, a policy has been implemented to protect the privacy of workers’ health status and health information.

Social distancing – Workers must be at least six-feet apart

Social distancing of at least six-feet will be implemented and maintained between workers and customers, clients, patrons, guests, visitors in the workplace.

Worker hygiene and source controls

Basic infection prevention measures are being implemented at our workplaces at all times. Workers are instructed to wash their hands for at least 20 seconds with soap and water frequently throughout the day, but especially at the beginning and end of their shift, prior to any mealtimes, and after using the restroom. All customers, clients, patrons, guests, visitors to the workplace are required to wash or sanitize their hands prior to or immediately upon entering the facility. Hand-sanitizer dispensers (that use sanitizers of greater than 60% alcohol) are at entrances and locations in the workplace so they can be used for hand hygiene in place of soap and water, as long as hands are not visibly soiled.

Workers and customers, clients, patrons, guests, visitors are being instructed to cover their mouth and nose with their sleeve or a tissue when coughing or sneezing, and to avoid touching their face, particularly their mouth, nose and eyes, with their hands. Workers and customers, clients, patrons, guests, visitors are expected to dispose of tissues in provided trash receptacles, and wash or sanitize their hands immediately afterward. Respiratory etiquette will be demonstrated on posters and supported by making tissues and trash receptacles available to all workers and other persons entering the workplace.

Workplace building and ventilation protocol

Operation of the building in which the workplace is located, includes necessary sanitation, assessment and maintenance of building systems including water, plumbing, electrical and HVAC systems. The maximum amount of fresh air is being brought into the workplace, air recirculation is being limited, and ventilation systems are being properly used and maintained. Steps are also being taken to minimize air flow blowing across people.

Workplace cleaning and disinfection protocol

Regular practices of cleaning and disinfecting have been implemented, including a schedule for routine cleaning and disinfecting of work surfaces, equipment, tools and machinery, vehicles, and areas in the work environment including, but not limited to, restrooms, break rooms, lunch rooms, meeting rooms, checkout stations, fitting rooms, and drop-off and pick-up locations. Frequent cleaning and disinfecting is being conducted of high-touch areas including, but not limited to, phones, keyboards, touch screens, controls, door handles, elevator panels, railings, copy machines, credit card readers, delivery equipment, etc.

Appropriate and effective cleaning and disinfectant supplies have been purchased and are available for use in accordance with product labels, safety data sheets and manufacturer specifications, and are being used with required personal protective equipment for the product

Communications and training practices and protocol

This COVID-19 Preparedness Plan was communicated to all workers.

Instructions will be communicated to all workers, including employees, temporary workers, staffing and labor-pools, independent contractors, subcontractors, vendors, and outside technicians, and customers, clients, patrons, guests, visitors on protections and protocols, including but not limited to: 1) Social distancing protocols and practices; 2) Drop-off, pick-up, delivery and general in-store shopping; 3) Practices for hygiene and respiratory etiquette; 4) Recommendations or requirements regarding the use of masks, face-coverings, and/or face-shields by workers and customers, clients, patrons, guests, visitors. All workers and customers, clients, patrons, guests, visitors will also be advised not to enter the workplace if they are experiencing symptoms or have contracted COVID-19

Managers and supervisors are expected to monitor how effective the program has been implemented. All management and workers are to take an active role and collaborate in carrying out the various aspects of this plan, and update the protections, protocols, work-practices, and training, as necessary. This COVID-19 Preparedness Plan has been certified by City of Plainview management, and the Plan was posted throughout the workplace and made readily available to employees on June 30, 2020. It will be updated as necessary by the Designated Plan Administrator.

Certified by:

___________________________________________________________ _____________________

Mayor Roger Ziebell Date

Appendix A – Guidance for developing a COVID-19 Preparedness Plan

General

Centers for Disease Controal and Prevention (CDC): Coronavirus (COVID-19) – www.cdc.gov/coronavirus/2019-nCoV

Minnesota Department of Health (MDH): Coronavirus – www.health.state.mn.us/diseases/coronavirus

State of Minnesota: COVID-19 response – https://mn.gov/covid19

Businesses

CDC: Resources for businesses and employers – www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

CDC: General business frequently asked questions – www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html

CDC: Building/business ventilation – www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

MDH: Businesses and employers: COVID-19 – www.health.state.mn.us/diseases/coronavirus/businesses.html

MDH: Health screening checklist – www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf

MDH: Materials for businesses and employers – www.health.state.mn.us/diseases/coronavirus/materials

Minnesota Department of Employment and Economic Development (DEED): COVID-19 information and resources – https://mn.gov/deed/newscenter/covid/

Minnesota Department of Labor and Industry (DLI): Updates related to COVID-19 – www.dli.mn.gov/updates

Federal OSHA – www.osha.gov

Handwashing

MDH: Handwashing video translated into multiple languages – www.youtube.com/watch?v=LdQuPGVcceg

Respiratory etiquette: Cover your cough or sneeze

CDC: www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html

http://www.cdc.gov/coronavirus/2019-nCoV

http://www.health.state.mn.us/diseases/coronavirus

https://mn.gov/covid19/

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

http://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html

http://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html

http://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html


http://www.health.state.mn.us/diseases/coronavirus/businesses.html

http://www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf

http://www.health.state.mn.us/diseases/coronavirus/materials

https://mn.gov/deed/newscenter/covid/

http://www.dli.mn.gov/updates

http://www.osha.gov/

http://www.youtube.com/watch?v=LdQuPGVcceg

http://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html

CDC: www.cdc.gov/healthywater/hygiene/etiquette/coughing_sneezing.html

MDH: www.health.state.mn.us/diseases/coronavirus/prevention.html

Social distancing

CDC: www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

MDH: www.health.state.mn.us/diseases/coronavirus/businesses.html

Housekeeping

CDC: www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

CDC: www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/disinfecting-your-home.html

CDC: www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

Environmental Protection Agency (EPA): www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

Employees exhibiting signs and symptoms of COVID-19

CDC: www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html

MDH: www.health.state.mn.us/diseases/coronavirus/basics.html

MDH: www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf

MDH: www.health.state.mn.us/diseases/coronavirus/returntowork.pdf

State of Minnesota – https://mn.gov/covid19/for-minnesotans/if-sick/get-tested/index.jsp

Training

CDC: www.cdc.gov/coronavirus/2019-ncov/community/guidance-small-business.html

Federal OSHA: www.osha.gov/Publications/OSHA3990.pdf

MDH: www.health.state.mn.us/diseases/coronavirus/about.pdf

http://www.cdc.gov/healthywater/hygiene/etiquette/coughing_sneezing.html

http://www.health.state.mn.us/diseases/coronavirus/prevention.html


http://www.health.state.mn.us/diseases/coronavirus/businesses.html

http://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

http://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/disinfecting-your-home.html

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

http://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html

http://www.health.state.mn.us/diseases/coronavirus/basics.html

http://www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf

http://www.health.state.mn.us/diseases/coronavirus/returntowork.pdf

https://mn.gov/covid19/for-minnesotans/if-sick/get-tested/index.jsp

http://www.cdc.gov/coronavirus/2019-ncov/community/guidance-small-business.html

http://www.osha.gov/Publications/OSHA3990.pdf

http://www.health.state.mn.us/diseases/coronavirus/about.pdf