(A) Types of Accessory Buildings. Accessory Buildings and other non-Dwelling Structures include the following: Storage or tool sheds; Detached residential Garages; detached rural Storage Buildings; detached domesticated farm animal Buildings; agricultural farm Buildings; non-accessory, non-Dwelling Structures. Said Buildings are defined as follows:
(1) Storage or Tool Sheds. A one-Story Accessory Building of less than 160 square feet gross area with a maximum roof height of 12 feet.
(2) Detached residential Garage. A one-Story Accessory Building Used or intended for the Storage of motor driven passenger Vehicles with a maximum gross area of 1,000 square feet.
(3) Detached rural Storage Building.
(a) A one-Story Accessory Building Used or intended for the Storage of hobby tools, garden equipment, workshop equipment and the like.
(b) The gross area of said Building shall not exceed 1,500 square feet in gross area on a parcel of between ten and 20 acres and not more than 1,000 square feet in gross area on a parcel of less than ten acres.
(4) Detached domesticated farm animal Building. A one- Story Accessory Building Used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. Said Building shall require a State 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 ten and 20 acres and not more than 1,000 square feet in gross area on a parcel of less than ten 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 State Pollution Control Agency permit may be required.
(6) Residential-Business Transitional District (RBT). No accessory Structures or Buildings shall be allowed.
(7) 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 Section 157.043 and Section 157.047 of this ordinance. 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 point of the Principal Structure.
(1) Greenhouses, private. A structural Building with different types of covering materials, such as a glass or plastic in which temperature and humidity can be control for the cultivation or protection of plants. Such Buildings may be temporary or permanent, with a maximum gross area noted below.
(B) Permitted Uses of Accessory Buildings.
Agricultural District
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R-1 District
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R-2 District
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R-3 District
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R-4 District
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Permit Required
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For Further Details, See These Sections
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Agricultural District
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R-1 District
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R-2 District
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R-3 District
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R-4 District
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Permit Required
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For Further Details, See These Sections
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Agricultural District
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R-1 District
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R-2 District
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R-3 District
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R-4 District
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Permit Required
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For Further Details, See These Sections
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Agricultural District
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R-1 District
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R-2 District
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R-3 District
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R-4 District
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Permit Required
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For Further Details, See These Sections
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(1) Agricultural farm Building on active Commercial Food Producing Farm Operations of more than 20 acres | PCA feedLot, Agricultural Buildings Use permit | § 157.067 (A)(5) | ||||||
Use | P | C | C | N | N | |||
(2) Detached domesticated farm animal Building on parcels between 5 and 20 acres | PCA feedLot, Conditional Use, building permit | § 157.067(A)(4) | ||||||
Use | C | C | N | N | N | |||
Maximum area size | 1,500/1,0 00 s.f. | 1,500/1, 000 s.f. | ||||||
Maximum number of stories | one Story | one Story | ||||||
(3) Detached residential Garage | Building permit | § 157.067(A)(2) | ||||||
Use | P | P | P | P | P | |||
Maximum area size | 1,000 s.f. | 1,000 s.f. | 1,000 s.f. | 1,000 s.f. | 1,000 s.f. | |||
Maximum number of stories | one Story | one Story | one Story | one Story | ||||
(4) Detached rural Storage Building | one Story | Building permit | § 157.067(A)(3) | |||||
Use | P | P | N | N | N | |||
Maximum area size | 1,500/1,0 00 s.f. | 1,500/1, 000 s.f. | ||||||
Maximum number of stories | one Story | one Story | ||||||
(5) Storage, boat or tool shed | Building permit | § 157.067(A)(1) | ||||||
Use | P | P | P | P | P | |||
Maximum area size | 160 s.f. | 160 s.f. | 160 s.f. | 160 s.f. | 160 s.f. | |||
Maximum door opening area | 28 s.f. | 28 s.f. | 28 s.f. | 28 s.f. | 28 s.f. | |||
Maximum number of stories | one Story | one Story | one Story | one Story | one Story | |||
Maximum roof height | 12 feet | 12 feet | 12 feet | 12 feet | 12 feet | |||
Greenhouses, private | ||||||||
(6) Total number of Accessory Buildings possible | 2 on parcels of between 10 and 20 acres not to exceed 2500 s.f. in area total - 2 on parcels of less than 10 acres not to exceed 2,000 s.f. in total area | Same as A District | 1 Accessory Building not to exceed 1,000 s.f. in area total | 1 Accessory Buildin not to exceed 720 s.f. in area total | Same as R-3 District | |||
P =Permitted CC =Certificate of Compliance N =Not permitted C =Conditional Use permit | ||||||||
(C) A tool shed as defined in this section may be placed on any Lot in addition to the permitted number of Accessory Buildings.
(D) No Accessory Building shall be constructed nor Accessory Use located on a Lot until a Building permit has been issued for the principal Building to which it is accessory.
(E) No Accessory Building use or intended for the Storage of passenger automobiles shall exceed 1,000 square feet of gross area nor shall any Structure exceed one store in height except when said Garages are located in Business, industrial or Planned Unit Developments. The exterior design, color, and siding shall be reasonably similar to that of the design, siding, and color of the existing Principal Structure located on the property.
Notwithstanding any provision of this Ordinance to the contrary, under no circumstance shall the height of any accessory Structure exceed the height of the Principal Structure.
On parcels of 20, 000 square feet in area or less, detached Garages shall not exceed 720 square feet in Gross Floor Area except that where a property Owner has waived the right to a tool shed under 157.067 (C) and all rights to Exterior Storage under Section 157.070, an Accessory Building or detached Garage not exceeding 1,000 square feet in area may be constructed on the parcel.
(F) An Accessory Building shall be considered an integral part of the principal Building if it is located six feet or less from the principal Building and is located in an R-1, R-2, R-3, or R-4 Residential District. The exterior design and color shall be the same as that of the principal Building or be of an earthen tone; the height shall not exceed the height of the Principal Structure unless more restrictive portions of this chapter prevail.
(G) No Accessory Building in a Commercial or industrial district shall exceed the height of the principal Building, except by Conditional Use permit.
(H) No Accessory Buildings in Apartment developments shall exceed the height of the principal Building, except by Conditional Use permit.
(I) 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.
(J) No detached Garage or other Accessory Building shall be located nearer the front Lot line than the principal Building on that Lot, except C, CFP, A-1, A-2, 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 by Certificate of Compliance and written approval of adjacent property Owners submitted to the Zoning Administrator.
(K) Houseboats and Buildings Used as shelters during open water months from which to fish 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 Certificate of Compliance. Said 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 one off-Street Parking Space within 400 feet of the docking of such houseboat. No houseboat shall be Used as a permanent residence.
(L) Ice fishing houses stored on parcels of land during summer months shall be considered an accessory Storage Building equivalent to a Storage shed (division (A)(1) above). Ice fishing houses shall meet the size limitations of division (B)(1) above and all other provisions of this chapter, except division (L) below.
(M) All Accessory Buildings over 35 square feet in area shall have a foundation or concrete slab. Accessory Buildings larger than 100 square feet shall require a Building permit regardless of improvement value. Roof and wind loads shall conform to requirements as contained in the Building Code.
(N) All Accessory Buildings shall be located in areas other than required Yards, except as provided in division (N) below.
(O) The required Rear Yard Setbacks for detached residential Garages, and Storage, boat, and tool sheds, shall be a distance equal to the required Side Yard Setback for each Zoning District, except on Through Lots when the required Rear Yard Setback in each Zoning District shall apply.
(P) Conditional Use permit requirements necessary for approval and construction of a detached domesticated farm animal Building on parcels between five and 20 acres. An application for a Conditional Use 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 property Owners Lot lines, houses, septic systems, Fences, wells, animal Buildings and other Structures and feed Storage areas; all wet marshy areas, drainageways 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 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 such 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 ten 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 to individual property Owners, or defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this section has been made.
(6) Performance Standards for detached Agricultural Buildings and domesticated farm animal Buildings on parcels of less than 20 acres shall include the following:
(7) Setbacks. All domestic farm animal Buildings, feedlots and Manure Storage sites shall be Setback as follows:
Natural or Human-Made Features | Minimum Horizontal Setbacks |
Any body of seasonal or year-round surface water | 200 feet |
Any existing well or residential Structure on adjacent or nearby parcel | 200 feet |
Any existing well or residential Structure on the same parcel | 50 feet |
Any property line | 100 feet |
(8) Slopes. Said Building, feedlot or Manure Storage shall not be placed on slopes which exceed 13%.
(9) Ground water level or mottled soil. Evidence of the seasonally high ground water level or mottled soil (as established by six- foot borings) shall not be closer than four feet to the natural surface ground grade in any area within 100 feet of the proposed Building and/or feedlot.
(10) Marshes or wetlands. 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.
(Q) Accessory Apartments. The following Performance Standards and Conditional Use permit requirements shall apply and are necessary for approval, construction, maintenance, and Use of an Accessory Apartment.
(1) Accessory Apartments shall be allowed for the following purposes:
(a) More efficient utilization of the existing single Family housing stock in the City;
(b) Enjoyment of the benefits of rental income, decreased housekeeping responsibilities or the companionship of tenants by Persons residing in houses which are too large for their present needs;
(c) Provision of housing which allows privacy and independence for older or disabled Family members;
(d) Preservation of property values and maintenance of the character of existing single Family neighborhoods, and
(e) Provision of housing for live-in employees, such as caregivers and nannies.
(2) For purposes of an Accessory Apartment Use, the following definitions shall apply:
(a) “housekeeping unit” – all Persons residing within a single Family house whose relationship includes a substantial amount of social interaction including the sharing of housekeeping responsibilities or expenses or the taking of meals together;
(b) “living space” – the area within a house which is suitable for human habitation including suitable finished Basement areas but excluding Garages, service areas and unfinished portions of the Building;
(c) “Owner”- the Person who holds the fee title or is a bona fide purchaser under a contract for deed of the property; and
(d) “unit of housing” – one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities separate from those of another unit of housing and intended for the exclusive Use of a single housekeeping unit.
(3) No Accessory Apartment shall be created, maintained, or Used except in conformity with the following:
(a) To be created only on property zoned Single Family Detached Dwellings and no more than one Accessory Apartment to be created in any principal Single Family Dwelling;
(b) Adequate off-Street parking shall be provided for the Vehicles of all residents of an Accessory Apartment and the single Family residence, with such parking to be in a Garage, carport or on paved or gravel areas intended for that purpose. No long-term parking on Street right-of-way by any occupants shall be allowed. The property shall be further subject to all additional parking rules and regulations set forth elsewhere in the zoning code.
(c) An Accessory Apartment shall be 45 percent or less of the gross living area of the Structure. The gross living area includes the Accessory Apartment;
(d) An Accessory Apartment shall be constructed and maintained as an appropriate and suitable living space and unit of housing as defined above. Combined occupancy of the single Family residence and the Accessory Apartment shall be limited to two times the number of bedrooms in the Structure. The septic system shall also be inspected and shall be compliant with county requirements and sufficient for the number of bedrooms at the property.
(e) Exterior appearance and any exterior modifications or changes to the principal Single Family Dwelling must not substantially alter the single Family appearance and character of the Structure;
(f) No Accessory Apartment shall be created except in compliance with all applicable Building, housing, plumbing, heating, electrical, fire, and related codes of the City and State of Minnesota. Construction of an Accessory Apartment shall require a Building permit and inspection and oversight by the City Building Official;
(g) All other provisions of this ordinance relating to Single Family Dwelling Units and Structures and their related accessory Structures shall be met, unless specifically amended by this Subdivision;
(h) No Accessory Apartment shall be occupied prior to the issuance of a Certificate of Occupancy by the City Building Official.
(i) Either the principal Single Family Dwelling or the Accessory Apartment shall be Owner-occupied. Any portion of the Single Family Dwelling or Accessory Apartment rented to and occupied by someone other than the Family members of the Owner of the Principal Structure shall be required to obtain a license for a Residential Rental Property as set forth in the Code Section 1104.
(4) Accessory Apartments shall be allowed only with a Conditional Use Permit (applied for and approved in conformance with all provisions of Code Section 505, with this subsection 703.19, and with all other Code provisions relating to residential Uses). The City may impose any other reasonable condition or restriction in relation to the approval of a particular Conditional Use permit for an Accessory Apartment as deemed suitable or necessary for a particular property. Accessory Apartments shall be reviewed for compliance with the Conditional Use permit each year as follows:
(a) Annual inspection by the Fire Chief or their designee;
(b) Annual review of Conditional Use Permit by Zoning Administrator, Planning Commission, and/or Building Official verifying continued compliance;
(c) Payment of annual review fee as determined by the City Council;
(5) Conditional Use permits for Accessory Apartments within the Lower St. Croix Bluffland and Shoreland overlay district shall be subject to any additional rules and regulations for a Conditional Use permit in the overlay district as set forth in the Lower St. Croix Bluffland and Shoreland Management Ordinance. Because Accessory Apartments are permissible with a Conditional Use Permit within the Lower St. Croix Bluffland and Shoreland overlay district, any amendments, or modifications to the provisions of this Section 703.19 shall be subject to the DNR notification and certification procedures in the Lower St. Croix River Bluffland and Shoreland Management Ordinance.