Garages, storage buildings or sheds, and children’s playhouses are examples of accessory structures and shall meet the following requirements.
(A) Required permits. A building permit is required for all accessory structures except agricultural buildings on a commercial farm, as defined in M.S. § 273.13, Subd. 23, as it may be amended from time to time, and accessory structures less than 120 square feet. A certificate of compliance is required for all agricultural buildings.
(B) Time of construction. No accessory structure shall be constructed on a lot prior to construction of the principal structure unless the property is a commercial farm property containing 40 acres or more, or unless the accessory structure is permitted as a conditional use on an adjacent non-riparian lot located within 100 feet of a riparian lot under common ownership which contains a principal structure. An agricultural building must be related to a commercial farming operation on the parcel that the building is located unless approved by a conditional use permit (CUP).
(C) Location.
(1) Detached accessory structures shall have a minimum building separation of 6 feet from the principal structure.
(2) See the zoning district setback requirements.
(3) Accessory structures located on through lots may be located between the rear of the principal structure and the public right-of-way.
(4) Accessory structures may be placed between the principal structure and the public right-of-way on lakeshore lots meeting all required setbacks and lot coverage.
(5) Accessory structures shall not be placed between the principal structure and the lakeshore, except 1 structure no larger than 120 square feet meeting all the required setbacks for the applicable district shall be permitted.
(6) Accessory structures shall be limited in height to the standards for detached accessory standards in the applicable zoning district.
(D) Size. Exempting the floor area of a permitted accessory dwelling, the maximum allowable total or accumulated floor area of all detached accessory structures on a lot shall be as follows:
(1) Lots less than 2.5 acres: 1,500 square feet;
(2) Lots 2.5 acres to 5 acres: 2,500 square feet;
(3) Lots greater than 5 acres to 10 acres: 3,000 square feet;
(4) Lots greater than 10 acres to 20 acres: 3,500 square feet;
(5) Lots greater than 20 acres: no limit;
(6) The square footage of above grade or below grade swimming pools and 1 storage shed of not more than 120 square feet shall not be included in the calculation of maximum allowable area of accessory structures;
(7) No land shall be subdivided so as to have a larger accessory structure total or accumulated floor area than permitted by this chapter.
(E) Number. Not including a single, permitted accessory dwelling the maximum number of accessory structures is as follows:
(1) On parcels of 2.5 acres or less, 1 accessory structure is allowed with 1 additional single story storage shed of 120 square feet or less;
(2) On parcels greater than 2.5 acres to 20 acres, a maximum of 2 accessory structures are allowed with 1 additional single story storage shed of 120 square feet or less;
(3) On parcels greater than 20 acres, there is no limit on the number of accessory structures, provided they are agricultural buildings;
(4) No land shall be subdivided so as to exceed the total number of structures permitted by this chapter.
(G) Use of accessory structures. In agricultural or residential districts, accessory structures are to be used for personal use or agricultural use only, and no commercial use or commercial related storage is allowed except that home occupations are permitted in an accessory structure as provided in § 153.096(L).
(H) Accessory structures for domestic farm animals. All domestic farm animal structures, feedlots, and manure storage sites must meet the requirements of this section and § 153.096(P).
(I) Fish houses. No more than 1 fish house shall be permitted on a residential lot.
(J) Temporary pole and canvas like storage structures may be used to cover and protect recreational equipment from the elements between Halloween and April 15th. No more than 1 shall be permitted on any residential property at any one time. Structures shall not exceed 200 square feet and meet all accessory structure requirements. These types of structures are not permitted for year round storage or use and must be removed from residential properties during the time period of April 15th through Halloween and stored in a permanent structure. The city shall have the authority to require the removal of this type of structure if it causes a nuisance, is viewed as excessive use of the parcel it is located on, or is being used for something other than recreational equipment storage during the allowable time period.
(K) Residential yard accessories and/or equipment. Recreation equipment such as play apparatus, swing sets and slides, sandboxes, poles for nets, tree houses, above or in-ground swimming pools, hot tubs, play houses exceeding 25 square feet in floor area, sheds utilized for storage of equipment, landscape water features and man-made ponds/streams and detached arbors or trellises, shall be subject to accessory structure setbacks.
(L) A detached elevated walkway or deck surrounding a pool or hot tub must meet the setback requirements for an accessory structure of the applicable zoning district. Pool or hot tub decks are not subject to the 10 foot encroachment applicable to other decks into the required rear yard.
(M) Exterior design and color of accessory structures.
(1) The exterior design and color of the accessory structure shall be compatible with the exterior design and color of the principal building except in AP, C, A, and RR Zoning Districts.
(2) In the RR Zoning District, pole-type accessory structures shall be allowed to the rear of the principal building. The exterior design and color of accessory structures located between the road and the principal building shall be compatible with the exterior design and color of the principal building.
(3) Pole-type accessory structures shall be allowed in AP, C, and A Zoning Districts. The color of an accessory structure located between the road and the principal building must be compatible with the color of the principal building.
(N) Exterior walls and the like. Every exterior wall, foundation, and roof of any accessory structure or structure shall be reasonably watertight, weather tight, and rodent proof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears, or breaks of deteriorated plaster, stucco, brick, wood, and other material.
(O) Exterior wood surfaces. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and from decay by painting or other protective covering or treatment. A protective surface of an accessory structure or structure shall be deemed to be out of repair if more than 25% of the exterior surface area is unpainted or paint blistered and shall be painted. If 25% or more of the exterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out, the surface shall be repaired.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 669, passed 12-4-2017; Am. Ord. 670, passed 12-4-2017; Am. Ord. 719, passed --)