(A) Types of accessory buildings. Storage or tool sheds; detached residential garages; detached rural storage buildings; detached domesticated farm animal buildings; agricultural farm buildings. The accessory buildings are defined as follows.
(1) Storage or tool sheds. A 1-story accessory building of less than 200 square feet gross area with a maximum roof height of 12 feet.
(2) Detached residential garage. A 1-story accessory building used or intended for the storage of motor driven passenger vehicles, which is freestanding or attached to the principal structure by breezeway or walkway, with a maximum gross area of 1,014 square feet in the R-1 and R-3 Zoning Districts.
(3) Detached rural storage building. A 1-story accessory building used or intended for the storage of hobby tools, garden equipment, workshop equipment, and the like. The gross area of the building shall not exceed 2,500 square feet in gross area on a parcel of between 5.01 acres and 20 acres and not more than 1,000 square feet in gross area on a parcel of less than 5.0 acres.
(Am. Ord. 7488, passed 5-16-2000)
(4) Detached domesticated farm animal building. A 1-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building shall require a Minnesota Pollution Control Agency feedlot permit and a conditional use permit, and shall not exceed 1,500 square feet in gross area on a parcel of between 10 and 20 acres and not more than 1,000 square feet in gross area on a parcel of less than 10 acres.
(5) Agricultural farm building. An accessory building used or intended for use on an active commercial food producing farm operation of more than 20 acres. A Minnesota Pollution Control Agency permit may be required.
(6) Satellite dish antennas. Any dish antenna having a diameter in excess of 30 inches shall require a building permit and shall be located where practical in the rear yard of the property and shall conform to the setback provisions of § 159.041(A) and (D). All dish antennas shall be securely anchored to the ground and shall be reasonably screened by landscaping or fencing. No antenna shall be placed so as to exceed a height greater than the heights of the principal structure located upon the property as measured from the highest ground elevation point at any corner of the structure to the peak or highest point of the principal structure.
(7) Gazebo. A small roofed structure that is open or has latticework or screened, used for outdoor entertaining.
(Prior Code, Ch. 300 § 703.01) (Am. Ord. 7443, passed 11-19-1985)
(B) Permitted accessory uses.
Structure | Agricultural A-1 District | R-1 District | R-3 District | Permit Required | For Further Details See: |
Structure | Agricultural A-1 District | R-1 District | R-3 District | Permit Required | For Further Details See: |
(1) Storage, boat, gazebo or tool shed uses: |
P | P | P | Building permit | § 159.083
|
Maximum area size: | 160 sq. ft. | 160 sq. ft. | 160 sq. ft. | ||
Maximum roof height: | 12 feet | 12 feet | 12 feet | ||
Maximum door opening area: | 36 sq. ft. | 36 sq. ft. | 36 sq. ft. | ||
Maximum number of stories: | 1 story | 1 story | 1 story | ||
(2) Detached residential garage: |
P | P | P | Building permit | |
Maximum area size: | 1,014 sq. ft. | 1,014 sq. ft. | 1,014 sq. ft. | ||
Maximum number of stories: | 1 story | 1 story | 1 story | ||
(3) Detached rural storage building: |
P | N | N | Building permit | § 159.083
|
Maximum area size: | 1,500/2,500 sq. ft. | ||||
Maximum number of stories: | 1 story | ||||
(4) Detached domesticated farm animal building on parcels between 5 and 20 acres: | PCA feedlot, city permit, building permit | § 159.083
| |||
Use: | C | N | N | ||
Maximum area size: | 1,500/1,014 sq. ft. | N | |||
Maximum number of stories: | 1 story | ||||
(5) Agricultural farm building on active commercial food producing farm operation of more than 20 acres. | PCA feedlot, agricultural building use permit | § 159.083
| |||
Use: | P | N | N | ||
(6) Total number of accessory buildings possible: | 2 on parcels of between 5.01 and 20 acres not to exceed 2,500 sq. ft. in total area. 2 on parcels of less than 5.0 acres not to exceed 2,000 sq. ft. in total area | 1 accessory detached building not to exceed 1,014 sq. ft. in total area and 1 tool shed | 1 accessory detached building not to exceed 1,014 sq. ft. in total area and 1 tool shed | ||
P = Permitted N = Not Permitted C = Conditional Use Permit CP = City Permit | |||||
(Prior Code, Ch. 300 § 703.02) (Am. Ord. 7488, passed 5-16-2000)
(C) Permitted uses of detached accessory structures. As it affects all residential districts, a detached accessory structure is to be used for personal use or agricultural use only. No commercial use or commercial related storage is allowed in the structure.
(Prior Code, Ch. 300 § 703.03) (Am. Ord. 7488, passed 5-16-2000)
(D) Relative to principal structure. No accessory building shall be constructed nor accessory use located on a lot without a principal structure.
(Prior Code, Ch. 300 § 703.04)
(E) Vehicle storage. No attached accessory building used or intended for the storage of power driven vehicles shall exceed 1,000 square feet of gross area nor shall any structure exceed 1 story in height except when the garages are located in business, industrial or planned unit developments except that a 1-1/2-story accessory building may be located in the Floodplain District by conditional use permit. No detached garages shall exceed 1,014 square feet in gross floor area in R-1 and R-3 Zoning Districts.
(Prior Code, Ch. 300 § 703.05)
(F) This space intentionally left blank.
(G) Height; commercial/industrial. No accessory building in a commercial or industrial district shall exceed the height of the principal building, except by conditional use permit.
(Prior Code, Ch. 300 § 703.07)
(H) Height; apartments. No accessory buildings in apartment developments shall exceed the height of the principal building, except by conditional use permit.
(Prior Code, Ch. 300 § 703.08)
(I) Rear location. Accessory buildings in the commercial and industrial districts may be located to the rear of the principal building, subject to the Building Code and fire zone regulations.
(Prior Code, Ch. 300 § 703.09)
(J) Relation to front lot line. No detached garage or other detached accessory building shall be located nearer the front lot line than the principal building on that lot, except A-1 and R-1 Districts and planned unit or cluster developments, where detached garages or other accessory buildings may be permitted nearer the front lot line than the principal building through a certificate of compliance based on objective standards related to safety and minimizing impacts on neighboring properties. (See division (R), certificate of compliance - relation to front lot line, of this section.)
(Prior Code, Ch. 300 § 703.10)
(K) Detached garages. In R-3 Zoning Districts detached garages may be located within 15 feet of rear lot lines, 5 feet of interior lot lines, or 20 feet of a side lot line if adjacent to a road right-of-way, if the property owner can demonstrate that physical conditions of the lot require that location, and an alternate septic system site shall be designated along with written approval of adjacent property owners, submitted to the Zoning Administrator. In no event, however, shall the structure be located closer than 20 feet to the public right-of-way.
(Prior Code, Ch. 300 § 703.11)
(L) Houseboats. Houseboats and buildings used as shelters from which to fish during open water months are to be considered accessory structures for purposes of this chapter. All houseboats used within the city limits for a period of 30 consecutive days or more shall require a city permit. The permit shall show the owner; owner’s address; boat license number; whether the boat is to be used as a seasonal residence, and if so, for what period of time during the year; type of sanitary sewage facility; water supply; and site plan showing method of access to public road. Each houseboat shall have 1 off-street parking space within 400 feet of the docking of the houseboat. No houseboat in dry dock or on land shall be used as a permanent residence.
(Prior Code, Ch. 300 § 703.12)
(M) Ice fishing houses. Ice fishing house stored on a parcel of land and owned by the occupant during the summer months shall be considered an accessory storage building equivalent to a storage shed (division (A)). Ice fishing houses shall meet the size limitations of division (B)(1) and all other provisions of this chapter, except division (N) below.
(Prior Code, Ch. 300 § 703.13)
(N) Building permit and uplift protection requirements. All accessory buildings greater than 160 square feet in size require a building permit and must meet the minimum uplift protection per the Minnesota Building Code.
(O) Location in yard setback prohibited. All accessory buildings, including storage and tool sheds regardless of size, shall be located in areas other than required yard setbacks.
(Prior Code, Ch. 300 § 703.15)
(P) City permits. City permit requirement necessary for approval and construction of a detached domesticated farm animal building on parcels between 5 and 20 acres. An application for a city permit and public hearing to construct a detached domesticated farm animal building shall include the following:
(1) An aerial photo illustrating within 500 feet of the proposed structure, all adjacent properly owners’ lot lines, houses, septic systems, fences, well, animal buildings, and other structures and feed storage areas; all wet marshy areas, drainage ways, and shorelines; all proposed grazing areas on the site; all new utility extensions and driveway accesses to the proposed building; all manure storage and disposal areas;
(2) A written soil inventory and evaluation from the Washington County Soil Conservation District, if requested by the Zoning Administrator;
(3) Details of the building floor plan, elevations, materials, and color of structure;
(4) The application form shall be accompanied by an accurate list showing the names and mailing addresses of the record owners of all property within a minimum of 500 feet of the property for which the conditional use permit is sought, verified as to accuracy by the applicant; and
(5) Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application and such other person as the Planning Commission may direct, at least 10 days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this section has been made.
(Prior Code, Ch. 300 § 703.16)
(Q) Performance. Performance standards for detached agricultural buildings and domesticated farm animal buildings on parcels of less than 20 acres shall include the following:
(1) Setbacks. All domestic farm animal buildings, feedlots, and manure storage sites shall be set back as follows:
Natural or Man-Made Feature | Minimum Horizontal Setbacks |
Any property line | 100 feet |
Any existing well or residential structure on the same parcel | 50 feet |
Any existing well or residential structure on adjacent or nearby parcel | 200 feet |
Any body of seasonal or year-round surface water | 200 feet |
(2) Slopes. The building, feedlot, or manure storage shall not be placed on slopes which exceed 13%.
(3) High water. Evidence of the seasonally high groundwater level or mottled soil (as established by 6-foot borings) shall not be closer than 4 feet to the natural surface ground grade in any area within 100 feet of the proposed building and/or feedlot.
(4) Restricted locations. No marsh or wetland (as established by the predominant wetland vegetation and/or soils) shall be utilized for placement of the proposed structure, feedlot, or grazing area.
(R) Certificate of compliance - relation to front lot line. Accessory buildings, including detached garages, barns, sheds and other such buildings, must meet the setback standards as defined in Chapter 159, Zoning Regulations and elsewhere in this code. However, in the A-1 and R-1 Districts and planned unit or cluster developments, physical conditions of the land in any given circumstances may make the ability to place an accessory building in a location that complies with the requirements prohibiting an accessory building from being located closer to the front lot line that the principal structure unreasonable if not impossible. In such circumstances, an applicant for a building permit for an accessory building may seek relief under this chapter, and request that a certificate of compliance be issued, allowing the setback non-conformity. In no case shall a certificate of compliance be used to grant relief from accessory building size, number, or height requirements of this code. In those cases a variance must be sought.
(1) Procedures.
(a) The certificate of compliance is an administrative approval granted by the city through its Building Official, Zoning Administrator and City Council. It is not a zoning application or zoning permit that requires a public hearing but rather, is an administrative tool used by the City Council and its Building Official and Zoning Administrator to grant accessory building setback relief, if the relief is justified.
(b) The Building Official and Zoning Administrator will do the initial site visit with the applicant. The certificate form will require the applicant to provide their name, address, contact information, legal description or parcel ID, a description of the setback relief desired, and justification. A site diagram provided by the applicant, showing the lot boundaries, setbacks and desired building location, along with an aerial photo with contours if available, must be attached for the certificate of compliance application to be deemed complete.
(c) To approve setback relief the city must make a determination that a compliant, or substantially more compliant, location for the building is not possible on this site. If the Zoning Administrator, in consultation with the Building Official, believes that a complying, or substantially more complying location does exist, preliminary denial of the application would be recommended.
(d) The final determination to deny must be made by the Council at a future Council meeting, at which meeting the applicant may appeal a preliminary denial.
(e) If the Zoning Administrator, in consultation with the Building Official, determines the application merits approval because no compliant or substantially more compliant alternate location exists, preliminary approval would be recommended and additional conditions of grant such as screening would be provided. The determination to approve must be made by the Council, at a future regular meeting. The Council may state conditions of grant of approval, such as building material, appearance and color if applicable, and any screening requirements, including the existing vegetation must remain. Screening requirements must address the need for year-round screening, thus typically evergreen in type.
(f) After consideration, the Council, by motion, shall approve or deny the application, and the Mayor shall so indicate on the certificate, date and sign.
(g) If the certificate of compliance is approved memorializing the Council’s grant of setback relief and any conditions of grant, the certificate of compliance must be attached to, and will be deemed part of, the eventual building permit.
(2) Performance standard. The certificate of compliance cannot be used to grant relief beyond 80% of the applicable setback standard. Thus, a new accessory building cannot be placed any closer to the front lot line than 80% of the principal structure’s existing setback from the front lot line. Anyone seeking more relief than the performance standard specified herein is not eligible for a certificate of compliance, and must seek a variance.
(3) Deemed compliant. An accessory building subject to an approved certificate of compliance that grants setback relief will be deemed compliant as to meeting setback requirements.
(4) Additions to accessory buildings.
(a) A property owner who wishes to make an addition to a compliant accessory building, which addition will adhere to the setback performance standard as stated herein, may apply for a certificate of compliance for that addition. An addition that will be in violation of the performance standard can only be approved by variance.
(b) A property owner who wishes to make an addition to a non-compliant accessory building may apply for a certificate of compliance is the addition will adhere to the setback performance standard as stated herein. The city may, as a finding for denial, take into consideration the nature and extent of the non-conformity of the existing building.
(5) Additional jurisdictions. Before a building permit is issued, the applicant shall seek required approval from any other jurisdiction with authority, such as the DNR.
(Prior Code, Ch. 300 § 703.17) (Am. Ord. 7529, passed 8-16-2011; Am. Ord. 7537, passed 4-16-2013; Am. Ord. 7555, passed 6-21-2016)