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(A) Time of construction. No detached accessory building or structures shall be constructed on any lot prior to the time of construction of the principal building to which it is an accessory use.
(B) Conditional use permit required. No building permit shall be issued for the construction of more than 1 detached accessory building on a single parcel except by conditional use permit.
(C) Site plan approval.
(1) Administrative permit required. Detached accessory buildings not exceeding 120 square feet in floor area shall be allowed without issuance of a building permit, but shall comply with all other provisions of this title. Such buildings must receive an administrative permit according to Chapter 198 (Administrative Permits and Approvals) of this title before they are constructed or moved onto property. The Zoning Administrator or designee shall review the site plan in accordance with Chapter 199 (Site Plan Review) of this title to determine compliance with this title and other applicable ordinances, laws, and regulations.
(2) Building permit required. Detached accessory buildings greater than 120 square feet in floor area shall require a building permit according to Chapter 203 (Building Permits Required) of this title. The Zoning Administrator shall review the site plan in accordance with Chapter 199 (Site Plan Review) of this title to determine compliance with this title, the Building Code and other applicable ordinances, laws, and regulations.
(D) Accessory building attached to principal structure. In cases where an accessory building is attached to the principal structure, it shall be made structurally a part of the principal structure and shall comply in all respects with the requirements of this title applicable to the principal structure.
(E) Requirements. Any structure which requires a building permit or which is 30 inches or more in height shall be subject to setback, floor area, and other requirements of this title.
(F) An accessory building, unless attached to and made a part of the principal structure, shall not be closer than 10 feet to the principal structure unless otherwise stated in this chapter.
(G) Height. The height of an accessory building shall be measured from the mean ground level to the uppermost point of the roof. Accessory buildings shall comply with the following height limitations, except as allowed by conditional use permit:
(1) Agricultural, rural, and residential districts. Detached accessory buildings and structures shall be limited to 15 feet in height except for the A-1 Agricultural District and RR Rural Residential District where detached accessory buildings other than garages shall not exceed 20 feet in height.
(2) Commercial, industrial, and special districts. Detached accessory buildings and structures shall be limited to 20 feet in height.
(3) Conditional use permit. Application for a conditional use permit under this section may be granted provided that:
(a) There is a functional need for the additional height while maintaining that the structure is accessory to the principal use consistent with the intent of this title.
(b) The additional height is necessary to maintain an evident architectural character compatible to the principal building.
(c) In no case shall the height of an accessory building exceed that of the principal building on the lot on which it is located within the R-1 Traditional Single-Family Residential, R-2 Suburban Single-Family Residential, R-3 Medium Density Residential and R-4 Multiple-Family Residential Districts.
(H) Area limitations.
(1) Except for agricultural buildings on farm properties in the A-1 Agricultural and RR Rural Residential Zoning Districts or as expressly permitted by approval of a conditional use permit or variance, the combination of detached accessory buildings shall not exceed 1,200 square feet per unit or lot.
(2) Storage spaces located directly below attached garages shall not be considered in determining allowable accessory building floor area.
(I) Setbacks.
(1) Attached buildings/garages. An attached garage shall be considered an integral part of the principal building and shall conform to district setback standards.
(2) Detached buildings. Detached accessory buildings shall comply with the following minimum setbacks.
(a) Front yard setback. The front yard setback of the applicable district shall apply.
(b) Rear yard setback. 10 feet.
(c) Side yard setback. 10 feet.
(d) Side yard setback corner lot. Same as front yard setback of applicable district.
(J) Exterior building material. Except for agricultural buildings on farm properties in the A-1 Agricultural and RR Rural Residential zoning districts, the same or similar quality and scale exterior building materials shall be used in the accessory building as in the principal building, except as may be allowed by conditional use permit for structures accessory to public and semi-public uses. All accessory buildings shall also be compatible with the principal building on the lot. COMPATIBLE means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause:
(1) A difference to a degree to cause incongruity.
(2) A nuisance.
(K) Ice fishing houses. Unless mounted on a trailer or equipped with wheels, ice fishing houses or other such structures used or designed to be used as temporary shelters shall be considered accessory buildings and shall be subject to the setback, square footage, and other regulations of this title.
(L) Compost structures and firewood piles. Compost structures and firewood piles shall be considered accessory uses, shall be limited to rear yards and shall be set back 10 feet from all property lines, but shall not be subject to limitations applicable to the number of allowed accessory structures or individual area and total area allowed for accessory structures by this section.
(M) Sport courts. Accessory outdoor recreation surface areas with permanent fixtures that are enclosed by fence or that include exterior lighting shall be subject to the following provisions.
(1) Location. The sport court shall be allowed only within the rear yard, shall not encroach within any drainage or utility easement, and shall comply with the following setbacks.
(a) Side lot line abutting a public right-of-way. 30 feet.
(b) Interior side lot line. 10 feet.
(c) Rear lot line. 10 feet.
(2) Fencing.
(a) Fencing enclosing the sport court shall be integral green, brown, or black color mesh fabric or similar material or vinyl coated chainlink with a minimum opacity of 75%.
(b) The maximum height of the fence shall be 6 feet unless located within the buildable area of the lot or at least 10 feet from the rear lot line where a maximum height of 8 feet shall be allowed.
(c) The fence shall be located within 5 feet of the sport court surface.
(3) Exterior lighting.
(a) Illumination of the sport court shall comply with the provisions of § 205.11 (Exterior Lighting) of this title.
(b) The sport court shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. or at other times when not in use.
(c) Light fixtures illuminating the sport court shall be within 5 feet of the surface.
(d) Light fixtures shall not be mounted to a height greater than 15 feet and shall be downcasts with a 90 degree horizontal cutoff.
(e) All electrical wiring shall be located underground.
(Ord. 2011-06-07A, passed 6-7-2011)
(A) Setbacks and encroachment.
(1) For corner lots, except in the A-1 Agricultural and RR Rural Residential Zoning District where the setback shall be 30 feet, attached and detached private garages that are oriented so that vehicle access is directly straight in off of a public street adjacent to the side lot line shall be set back not less than 25 feet from the side lot line abutting the public right-of-way.
(2) Except in the A-1 Agricultural and RR Rural Residential zoning district where the setback shall be 30 feet, attached and detached private garages located in rear yards that are oriented so that vehicle access is directly straight in off of a public street or alley adjacent to the rear lot line shall be setback not less than 25 feet from the rear lot line.
(3) Detached accessory buildings not exceeding 120 square feet in floor area.
(a) All detached accessory buildings less than 120 square feet shall be set back at least 5 feet from any other building or structure on the same lot and shall not be located within a required buffer yard or drainage and/or utility easement.
(b) Such structures may encroach into the required side or rear yard setbacks when located in the rear yard of the lot, except in the case of a side yard of a corner lot abutting a public street.
(c) When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least 5 feet from all adjoining lots.
(4) Detached accessory buildings exceeding 120 square feet in floor area.
(a) All detached accessory buildings in excess of 120 square feet shall be set back at least 10 feet from any other building or structure on the same lot, and shall not be located within a required buffer yard or drainage and/or utility easement.
(b) Such structures may encroach into the required side or rear yard setbacks when located in the rear yard of a lot, except in the case of a side yard of a corner lot abutting a public street.
(c) When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least 10 feet from all adjoining lots.
(B) Attached garages. Except for lots in the A-1 Agricultural and RR Rural Residential zoning districts 1 acre or larger, a garage attached to the principal building shall have a minimum floor area of 480 square feet and shall not exceed 1,000 square feet as measured by interior dimensions, with a minimum width of 22 feet and shall be subject to all building and setback requirements of the principal structure, except as provided for herein.
(C) Animal enclosures.
(1) Notwithstanding § 209.05(A) (Single-Family Attached and Detached Accessory Uses) of this title, domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than 10 feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner’s property.
(2) No encroachment shall be permitted in existing or required buffer yard or drainage and/or utility easements.
(3) Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the Zoning Administrator.
(4) No such enclosure shall exceed 120 square feet, unless approved through an administrative permit.
(Ord. 2011-06-07A, passed 6-7-2011)
(A) Storage. Except as provided for by this section, all waste and recycling receptacles shall be stored within the principal structure or within an accessory enclosure.
(B) Enclosures. All waste and recycling receptacles not contained within principal structures shall be enclosed in conformance with the following:
(1) Exterior walls. Exterior wall treatment shall be of similar color and materials. Exterior walls shall be minimum of 6 feet in height or 1 foot taller than the dumpster being enclosed and include a maintenance free front gate for access.
(2) Location. The enclosure shall be located in the side or rear yard and be set back a minimum of 10 feet from the property line and shall not be located within any drainage and utility easement or required buffer yard.
(3) Accessibility. The enclosure must be accessible to waste and recycling collection vehicles.
(4) Screening. The trash/recycling receptacles shall be fully screened from view of adjacent properties and the public right-of-way.
(5) Approval. The design and construction of the trash enclosure shall require a building permit and shall be subject to the approval of the city.
(6) Landscaping. Landscaping shall be provided surrounding trash enclosures to screen the structure from view of the public right-of-way and residential properties.
(C) Recycling space. Recycling space shall be provided as required by the Minnesota State Building Code.
(D) Maintenance; security. All enclosures and receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain the waste and all gates and doorways into the enclosure shall be kept closed between garbage pick ups.
(E) Noise. Noise emanating from trash collection activities shall be minimized so as not to constitute a “nuisance” as defined and regulated by the city code.
(F) Exceptions.
(1) For attached and detached single-family dwellings, waste and recycling receptacles not contained within principal structures shall be exempt from conformance with division (B) of this section, but shall comply with the following:
(a) Receptacles shall be located in side or rear yards, but not the side of a corner lot or rear yard of a double frontage lot abutting a public right-of-way.
(b) Receptacles shall be set back a minimum of 10 feet from all property lines.
(2) Publicly accessible individual receptacles not larger than 60 gallons located on multiple-family, senior housing, nursing homes, commercial, industrial, public and semi-public properties for convenient disposal of trash items shall be exempt from the enclosure requirements of division (B) of this section.
(3) In the A-1 Agricultural and RR Rural Residential zoning districts, recycling receptacles do not have to be enclosed in accordance with division (B) of this section, but shall be located in the side yard, except in the case of a corner lot, or rear yard, fully screened from view, shall comply with accessory building setback requirements.
(Ord. 2011-06-07A, passed 6-7-2011)
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