Resolution 22-03 Ordinance #135 Publish September 21, 2022 ALEXANDRIA TOWNSHIP DOUGLAS COUNTY, MINNESOTA RESOLUTION 22-03 Resolution Directing a Study and Consideration of Amendments to Official Controls and an Interim Ordinance Prohibiting the Construction of “Shouse” Buildings on Certain Properties and Prohibiting the Placement of Cargo Containers on Property. WHEREAS, Minnesota Statutes 462.354, Subd. 4 authorizes a municipality to adopt an interim ordinance when it is conducting studies, or has authorized a study to be conducted for the purpose of adopting a comprehensive plan or official controls as defined in section 462.352, subdivision 15; and WHEREAS, the construction of storage buildings that contain dwelling space (a “shouse”) has become more and more common throughout the region and nation; and WHEREAS, the placement of cargo/shipping containers typically made for transport on trains and cargo ships on private property for storage or other purposes has become more and more common through the region and nation; and WHEREAS, the appearance of both “shouse” structures and cargo containers can be significantly out of character with that of more traditional building methods and styles, particularly in residential neighborhoods; and WHEREAS, current township zoning or other regulations do not prohibit or regulate such construction as it was not an anticipated or widespread land use or building practice at the time of their adoption; and WHEREAS, the construction or placement of such structures on property in Alexandria Township may have a negative impact on the character of the Township’s neighborhoods and property values; NOW THEREFORE, the Alexandria Township Board of Supervisors hereby ordains as follows: 1. That the Township Zoning Administrator and Planning Commission are directed to study and consider the adoption of official controls relating to the regulation of “shouse” buildings and cargo containers within the Township; and 2. That Ordinance # ______ is hereby adopted as an interim ordinance and shall become effective immediately upon adoption; 3. Upon enactment of said Interim Ordinance, no action shall be taken within Alexandria Township that is in conflict with the Interim Ordinance. 4. Interim Ordinance # ____ shall be in effect for twelve (12) months from the effective date of the Ordinance, unless earlier terminated by resolution of the Alexandria Township Board of Supervisors. Voting aye: Opposed: Abstained: Approved by the Township Board of Supervisors on this 7th day of September 2022. Rod Eldevik – Chairman Attest: Gregg Raisanen - Alexandria Township Clerk Ordinance # 135 An Interim Ordinance Prohibiting the Construction of Storage Buildings containing Dwelling Space and the Placement of Cargo Containers in Alexandria Township, Douglas County, Minnesota The Alexandria Township Board of Supervisors ordains: Sect. 1. Title. This Ordinance shall be referred to as the Alexandria Township Interim Ordinance Prohibiting the Construction of Shouse Buildings, except herein where it shall be cited as “Ordinance”. Sect. 2. Authority. This Ordinance is established pursuant to the authority granted by Minnesota Statutes 462.355. This Ordinance hereby supersedes, but shall not eliminate, any and all previous land use regulation enacted within the Township that may otherwise be less restrictive than this Ordinance. Sect. 3. Construction of “Shouse” Buildings Prohibited. A. No building, unless otherwise approved by the Town Board, may be constructed on any property in Alexandria Township which is a garage/storage building with a dwelling unit(s), as defined by Section VII of the Alexandria Township Ordinance #134 (Zoning Ordinance), or successor ordinance, where: a. The structure is located on any property with an assigned tax parcel identification number which is less than five (5) acres in size within any zoning district as identified by Ordinance #134, or successor ordinance, and the official zoning map of Alexandria Township; and b. The amount of ground covered by the garage/storage building portion of the structure exceeds the amount of ground covered by the dwelling unit(s) by more than 25% or the height, as defined by Section VII of the Alexandria Township Ordinance #134 (Zoning Ordinance), or successor ordinance, of the garage/storage building portion is more than 25% greater in height than the height of the dwelling unit. Where a dwelling unit does not reach the full height of the building in which it is contained, the height of the dwelling shall be measured as the floor-to-ceiling height of the dwelling unit; or c. Where the construction of the home/attached garage is of pole-frame construction with sheet metal and/or sheet steel siding. Sect. 4. Placement of Cargo Containers Prohibited. A. No cargo container may be placed on any property in Alexandria Township. A cargo container shall be defined, for the purposes of this interim ordinance, as “A metal and/or steel storage and transport receptacle structure normally used for moving goods on trucks, ships or trains.” Sect. 5. Severability. If any portion of this ordinance shall be found unconstitutional or otherwise invalid by a court of proper jurisdiction, all remaining provisions shall remain in effect and shall not be affected by the ruling on the invalid section. Sect. 6. Effective Date. This ordinance shall become effective and enforceable on the day adopted and shall be in effect for twelve (12) months from the effective date of the Ordinance, unless earlier terminated by resolution o the Alexandria Township Board of Supervisors. 103111