(1) General provisions.
(a) No accessory building, structure, or use shall be constructed or located on a lot prior to the time of construction of the principal building to which it is accessory, except in the case of agricultural buildings on agriculture land as defined by M.S. § 273.13 and § 273.23, as amended.
(b) A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building.
(c) Unless otherwise allowed by this chapter, no detached accessory building, structure, or use shall be closer to the front lot line than the principal building or its attached garage except within the R and R-X zoning districts. The accessory building, use, or structure setback shall be at least 100 feet from the front lot line.
(d) Setbacks for accessory buildings, structures, and uses in all zoning districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings, structures and uses shall not interfere with the future subdivision of the property.
(e) Accessory buildings may, by permit, be located within public easements if the following conditions are met:
1. No permanent footings or foundation shall be located within the public easement.
2. The building, including any base material, must be designed to be easily moved.
3. The building shall not be located within the 100-year high water level of a waterbody or watercourse.
4. The drainage shall not be adversely affected by the building.
5. The building footprint shall not exceed 120 square feet.
6. The building shall not interfere in any way with any existing underground or over ground utility.
7. The city or any utility company having authority to use such public easements, shall not be liable for repair or replacement of such buildings or appurtenance in the event they are moved, damaged or destroyed by virtue of the lawful use of said easement.
(f) In rural and residential districts, gazebos that are attached to the dwelling by a raised deck, porch, or patio shall not be counted towards the maximum area or number of accessory buildings allowed on a site, as long as the sides of the gazebo remain at least 50% open, though the open areas may be covered with screens.
(g) In rural and residential districts, accessory buildings and structures constructed primarily of canvas, plastic, fabric, vinyl or other similar non-permanent construction materials are prohibited unless otherwise permitted in this chapter.
(h) A building permit is not required for detached accessory buildings that do not exceed a footprint of 200 square feet. A zoning permit is required for such buildings and the buildings shall comply with all applicable regulations set forth in this chapter.
(2) Sport courts. In all rural and residential districts, the following standards shall apply to outdoor sport courts, whether temporary or permanent:
(a) A building permit shall be required for all private residential sport courts.
(b) An application for a building permit shall include a site plan showing the following along with all required information:
1. The size, shape, pavement and sub-pavement materials.
3. The location of the house, garage, fencing, septic systems and any other structural improvements on the lot.
4. The location of structures on all adjacent lots.
5. A grading plan showing all revised drainage patterns and finished elevations at the four corners of the court.
6. Landscaping and turf protection around the court.
7. Location of existing and proposed wiring and lighting facilities.
(c) The sport court setback shall be tten feet from any side or rear lot line. Sport courts shall not be located in the front yard or the required side setback abutting a street.
(d) Sport courts shall not be located in a public easement.
(e) Solid sport court practice walls shall not exceed ten feet in height. A building permit shall be required. The practice wall setback shall be 30 feet from any lot line.
(f) Chain link fencing surrounding the sport court may extend up to 12 feet in height above the sport court surface elevation. The fence setback shall be ten feet from any side or rear lot line.
(g) Lighting for the sport court shall be directed toward the sport court and not toward adjacent property. Lighting shall meet the requirements of § 1007.046.
(3) Carports.
(a) Carports shall comply with all regulations for accessory structures as set forth in this chapter and with the regulations set forth in this division (3).
(b) Carports shall be used for the parking of motor vehicles and shall not be used for the storage of household or personal items, lawn equipment, furniture, parts, and the like. The exception is that refuse containers and stacked firewood may also be kept under a carport (attached or detached) that is located in a side, rear, or equivalent yard.
(c) Carports shall not exceed a footprint of 300 square feet.
(d) The eave line (or lowest sloped roof section if there is no eave) for a carport shall be at least seven feet in height, but shall not exceed ten feet in height. Carports with flat roofs shall be at least seven feet in height, but shall not exceed ten feet in height.
(4) Swimming pools.
(a) Single-family and two family dwellings. The following shall apply to all swimming pools which are intended for use accessory to single family and two family dwellings:
1. A building permit shall be required for any swimming pool with a capacity of over 5,000 gallons and with a depth potential of 24 inches.
2. An application for a building permit shall include a site plan showing the type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of pool unit, finished elevations and final treatment (decking, landscaping, etc.) around pool, location of existing overhead or underground wiring, utility easements, trees, similar features, and location of any water heating unit.
3. Pools shall not be located within ten feet of any septic tank and 20 feet from drain field nor within six feet of any principal structure or frost footing. Pools shall not be located in the front yard, or within any accessory structure setback.
4. The filter unit, pump heating unit, and any noise-making mechanical equipment setback shall be 20 feet from any lot line.
5. Pools shall not be located in a public easement.
6. The necessary precautions shall be taken during the construction to:
a. Avoid damage, hazards or inconvenience to adjacent or nearby property.
b. Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringements upon adjacent property.
c. All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent property.
7. Lighting for the pool shall be directed toward the pool and not toward adjacent property.
8. A structure at least four feet in height shall completely enclose the pool. This structure can be safety fencing of a non-climbable type. Pool walls that are at least four feet in height above finished grade fulfill this requirement.
9. Water in the pool shall be maintained in a suitable manner to avoid health hazard of any type. Such water shall be subject to periodic inspection by the local health officer.
10. All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections.
11. All swimming pools that require a building permit shall provide safeguards to prevent uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof. These safeguards shall be of sufficient density as to be impenetrable.
a. If fences are used, they shall be at least four feet in height. The bottoms of the fences shall not be more than four inches from the ground. Fences shall be of a non-corrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. Prior to filling the pool, the approved fence must be completely in place and inspected and approved by the City Building Official.
b. When an above-ground pool has vertical or outward inclined side walls that are at least four feet above finished grade, these fencing requirements do not apply. However, if no fencing is constructed, the ladder must be removable or there must be a lockable access to the ladder.
12. Required structure or safety fencing shall be completely installed within three weeks following the installation of the pool and before any water is allowed in the pool.
13. Back flush or pool drainage water shall be directed onto the property on which the swimming pool is located and ultimately to public storm sewer, if available.
14. Drainage of pools directly into public streets or other public drainageways shall require written permission of the City Engineer.
(b) Multiple-family, commercial and public developments. For private swimming pools which are intended for use by the occupants and guests of a multiple-family dwelling, or for private and public clubs and organizations, the following regulations shall be met in addition to those listed for single and two family dwellings provided in division (4)(a) above of this section:
1. No part of the water surface of the swimming pool shall be less than 50 feet from any lot line.
2. No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line.
3. The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including but not limited to landscaping, shall be located between the pool area and adjacent lot lines.
4. All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least 30 feet from any lot line.
5. To the extent possible, back-flush water or water from pool drainage shall be directed onto the owner's property.
(5) Houseboats. Houseboats are considered accessory structures for purpose of applying this chapter and shall comply with the following standards:
(a) All houseboats which are to be docked or moored within the city limits for a period of six days or more shall require an annual permit. Said permit shall identify 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 plot plan showing method of access to public street.
(b) Each houseboat shall have one off-street parking space within 400 feet of the access to the docking of such houseboat.
(c) No houseboat shall be used as a permanent residence and no utilities including sanitary sewer, water, electricity, and phone shall be extended to the houseboat.
(6) Ice fishing houses. Ice fishing houses stored on property during summer months shall be considered an accessory building. All ice fishing houses shall be licensed in compliance with State law.
(7) Docks and boat launches. Private docks and boat launches may be stored on riparian lots provided such structures lie upon the same lot as the principal building to which they serve.
(8) Roadside stands. Seasonal, temporary roadside stands for the sale of agricultural products shall be permitted if:
(a) They are located in a zoning district that allows for such use; and
(b) They are located on the lot the produce is grown; and
(c) They are located at least 60 feet back from the nearest edge of the street surface; and
(d) Adequate parking space is provided off the street right-of-way and safe vehicular access and movements are assured.
(9) Animal shelters. Structures dedicated to the housing of animals are considered accessory structures for the purpose of applying this section and shall comply with the following standards:
(a) The keeping of animals is allowed in compliance with the provisions of Chapter 503 of this code.
(b) The animal shelters shall not count towards the maximum number and size of accessory buildings subject to the following conditions:
1. The total combined footprint of all animal shelters shall not exceed 64 square feet.
2. The maximum height shall not exceed 60 inches.
(10) Rural, residential and special zoning district accessory buildings. The following establishes accessory buildings requirements allowed on a property according to lot size and zoning district. For the purposes of this section, lot size for metes and bounds properties shall include roadway easements.
(a) One tool shed not to exceed a footprint of 120 square feet is allowed. The tool shed shall not count towards the total number of allowed accessory buildings, or the total allowed building footprint as regulated below. Tool sheds are not subject to material or roof requirements as regulated below.
(b) 20 acres or greater.
1. No maximum combination of accessory building(s) and garage(s) size requirement.
2. Metal buildings and pole barns are allowed.
3. Canopy structures made of fabric or vinyl are allowed.
4. Building height shall not exceed base district requirement.
5. One attached garage not to exceed a footprint of 1,200 square feet or equal to the size of the house foundation, whichever is greater.
(c) Ten to less than 20 acres.
1. The combination of accessory building(s) and garage(s) shall not exceed the greater of:
a. Ten thousand square feet, or
b. One point eighty five percent of the lot area, not to exceed 15,000 square feet.
2. Total allowable accessory building footprint shall be limited to the following:
a. One attached garage and
b. Three detached accessory buildings.
3. Metal buildings and pole barns are allowed.
4. Canopy structures made of fabric or vinyl are allowed.
5. One attached garage not to exceed a footprint of 1,200 square feet or equal to the size of the house foundation, whichever is greater.
6. Building height shall not exceed base district requirement.
(d) Five to less than ten acres.
1. The combination of accessory buildings and garages shall not exceed the greater of:
a. Five thousand square feet, or
b. Two point twenty-one percent of the lot area, not to exceed 10,000 square feet.
2. Total allowable accessory building footprint shall be limited to the following:
a. One attached garage and
b. Three detached accessory buildings.
3. Metal buildings and pole barns are allowed.
4. Canopy structures made of fabric or vinyl are allowed.
5. One attached garage not to exceed a footprint of 1,200 square feet or equal to the size of the house foundation, whichever is greater.
6. Building height shall not exceed base district requirement.
(e) Less than five acres.
1. The combination of accessory buildings and garages shall not exceed the greater of:
a. Twelve hundred square feet, or
b. Three and three quarters percent of the lot area, not to exceed 5,000 square feet.
2. Total allowable accessory building footprint shall be limited to the following:
a. One attached garage and one detached building, or
b. Two detached accessory buildings.
3. One attached garage not to exceed a footprint of 1,200 square feet or equal to 90% of
the size of the house foundation, whichever is greater.
4. Building height shall not exceed 20 feet.
5. Metal sheet or metal panel siding with vertical orientation is prohibited. Metal horizontal lap siding is allowed.
6. Exterior walls shall be similar in appearance to standard wood or masonry residential construction. The accessory building shall be covered with shingles, tiles, or a standing seam metal roof.
7. Canopy structures made of fabric or vinyl are allowed.
(11) Business and industrial zoning districts. The following establishes the maximum number, size, and height of accessory buildings allowed in the business and industrial zoning districts:
(a) Except where approved by conditional use permit or planned unit development, one accessory building not exceeding a footprint of 400 square feet shall be allowed except when intended for storage of buses.
(b) Building height shall be limited to 12 feet maximum except when intended for storage of buses per § 1007.043(2)(b)2.
(c) Metal buildings and pole barns are prohibited.
(d) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment in compliance with § 1007.043(2).
(e) Accessory buildings on commercial or industrial sites shall be limited to typical accessory storage uses. No additional commercial or industrial use shall be allowed within an accessory storage building.
(f)) Accessory buildings in compliance with this section shall not be subject to the site and building plan review requirements of § 1007.019(2).
(g) Accessory buildings shall not be located within a public easement.
(h) Building permits shall be required in compliance with the State Building Code.