A. Requirements:
1. The location and construction of accessory structures shall be governed by this section but accessory structures in Commercial, Industrial, Office Service Districts, or built in conjunction with multiple-family dwellings in R-2 and R-3 Districts and planned unit developments are also subject to the architectural regulations set forth in section 10-4-10 of this title.
2. Any accessory building shall be considered part of the principal building for setback purposes only if it is located less than six feet (6') from the principal building.
3. No accessory structure shall be constructed prior to the commencement of construction of the principal building, except as allowed by interim use permit.
4. All accessory buildings exceeding two hundred (200) square feet shall require a building permit and shall meet all City codes for construction and installation as set forth in title 9 of this Code.
5. All accessory buildings two hundred (200) square feet or less shall require a shed permit and shall meet all City requirements as set forth in this title.
6. Recreation equipment such as play apparatus, swing sets and slides, sandboxes, tree houses, above or in ground swimming pools, hot tubs, playhouses, etc., shall comply with the minimum accessory structure setbacks.
7. These requirements are applicable in all zoning districts.
B. Location:
1. No accessory structure or building shall be located within ten feet (10') of the side or rear lot line.
2. No detached accessory structure shall be located forward of the principal structure except as allowed in subsections B3, B4 and B8 of this section.
3. In the case of the Shore Land Overlay District, the Planning and Zoning Administrator shall determine the orientation of the principal structure as to determine where detached accessory structures may be placed. Criteria for this determination are: the distance from the principal structure to the road right-of-way and ordinary high water mark, pattern of development of adjacent properties, screening and other relevant site information.
4. Attached garages and detached accessory structures may be located forward of the principal structure as long as they meet the other setback requirements of the district.
5. Accessory structures one hundred twenty (120) square feet or less shall not be located less than ten feet (10') from the side or rear lot line, nor in the front lot area between the principal structure and road right-of-way. This would include examples such as tree houses, yard equipment buildings, and wood burning stoves. Exceptions to this standard would be freestanding decks and gazebos that are one hundred twenty (120) square feet or less.
6. Wherever more restrictive standards are found in this title regarding accessory structures or uses, the more restrictive standard shall apply.
7. No accessory structure shall be permitted on the secondary septic drainfield site or in a location that will negatively impact the septic system as a whole as determined by the building official.
8. Accessory structures located on through lots may be located between the rear of the principal building and the public right- of-way.
C. Size:
1. Structure Height: No accessory structure, whether attached or detached, shall exceed the height of the principal structure. However, in no case shall an accessory structure exceed twenty five feet (25') in height in an R-1 or R-2 District.
2. Total Ground Coverage: Total ground coverage of all attached and unattached accessory buildings shall not exceed one thousand eight hundred (1,800) square feet.
a. Single Accessory Building Coverage: No single accessory structure shall cover more than one thousand eight (1,008) square feet. If the lot is thirty thousand (30,000) square feet or more, then up to one thousand one hundred fifty two (1,152) square feet is allowed. Any detached accessory building within six feet (6') of another detached accessory building shall be considered one single accessory building and the total area of those buildings shall not exceed this maximum.
b. Attached Accessory Building Coverage: Attached accessory buildings can be equal to or less than the ground coverage of the principal building, but not to exceed one thousand eight hundred (1,800) square feet total ground coverage. Said accessory building must be physically attached to the principal structure in compliance with the International Building Code regulations to be considered attached.
3. Larger Accessory Structures In R-2 And R-3 Districts: For apartment buildings in R-2 and R-3 Districts, an accessory structure may deviate from the design standard set forth in subsection D of this section and this subsection provided:
a. The accessory building complies with the design standards set forth in section 10-4-10 of this title with the articulation wall/roof length reduced to fifty feet (50') and increment length reduced to forty feet (40') for walls along or adjacent to a public or private right-of-way.
b. The accessory structure meets all principal structure setbacks.
c. The accessory structure is at least one hundred feet (100') from any R-1 district property.
d. The accessory structure does not exceed the ground coverage of the principal structure, be greater than twenty five feet (25') in height or be greater than ten thousand (10,000) square feet unless approved by conditional use permit.
4. Accessory Structures within the PB, Public Benefit District: For accessory structures located within the PB, Public Benefit district, an accessory structure may deviate from the area requirements of this subsection (C).
D. Design:
1. Three Hundred Square Feet Or More: All accessory buildings covering three hundred (300) square feet or more shall match the principal structure in color, materials and construction type. Only the appearance of the exterior materials of the accessory structure, not the actual composition of the materials, needs to match the principal structure. The finish/sheen shall match the home to the maximum extent possible as approved by the Zoning Administrator. Lots within the R-1 district with principal structures sided with brick or stucco may use siding materials that are harmonious with the principal structure only if the design, construction type, and color match the principal structure. If an exact color match is not possible, the color shall be as close a match as possible to the principal structure. All accessory buildings three hundred (300) square feet and larger shall be consistent with the principal structure in design. Buildings in the RS and RR districts that are not viewable from adjacent properties and public streets in leaf-off conditions shall be exempt from these requirements.
2. Less Than Three Hundred Square Feet: All accessory buildings covering less than (300) square feet need only be harmonious in color and materials with the principal structure.
3. Doors: Overhead doors in residential districts (including the RR, RS, R-1, R-1A, R-2, R-3 districts and any planned unit development with a residential component) shall not exceed nine feet (9') in height.
4. Tarp/Polyvinyl Structures Prohibited: Accessory buildings constructed primarily of canvas, plastic, or other similar nonpermanent building materials shall be prohibited. All accessory buildings must meet Minnesota state building code requirements.
5. Accessory Structures within the PB, Public Benefit District: For accessory structures located within the PB, Public Benefit district that are under 528 sqaure feet, an accessory structure may deviate from the design requirements of this subsection (D), except that tarp/polyvinyl and the like, as identified above, shall be prohibited.
E. Conditional Uses:
1. Large Lots In RR and RS Districts: For sites greater than 2.5 acres located in RR and RS zoning districts, the size and design standards set forth in subsections C and D of this section may deviate from the size and design standards set forth in subsections C and D of this section by conditional use permit provided the following criteria are met:
a. The accessory building shall be a minimum of fifty feet (50') from both side and rear lot lines.
b. The accessory building is located rearward of the front line of the principal structure.
c. The accessory building meets all of conditional use permit standards in this chapter and chapter 7 of this title.
2. Large Lots In R-1, OS, C1, C2 And I Districts: For sites greater than 2.5 acres located in R-1, OS, C1, C2 and I zoning districts, the size standards set forth in subsection C of this section may deviate from the size standards set forth in subsections C of this section by conditional use permit provided the following criteria are met:
a. The accessory building shall be a minimum of fifty feet (50') from both side and rear lot lines.
b. The accessory building is located rearward of the front line of the principal structure.
c. The accessory building meets all of conditional use permit standards in this chapter and chapter 7 of this title.
d. The location and construction of the accessory structure shall also be subject to the architectural regulations set forth in section 10-4-10 of this title.
F. Fallout And Blast Shelters: Fallout and blast shelters are a permitted accessory use or structure. Shelters may be contained in other structures or may be constructed separately but shall not be used for purposes prohibited expressly or by implication in the district. (Ord. 2014-22, 10-21-2014; amd. Ord. 2016-021, 5-17-2016; Ord. 2019-010, 7-16-2019; Ord. 2021-010, 7-20-2021; Ord. 2021-020, 12-21-2021; Ord. 2022-005, 6-21-2022)