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HomeMy WebLinkAbout2017-08-02 TPC Memorandum TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@ Plan n i ngCo.corn MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 2, 2017 RE: Oak Park Heights — Accessory Building Amendments — Planning Commission TPC FILE: 236.01 — 17.02 BACKGROUND The City Council, its May 9, 2017 meeting, authorized Staff to review Section 401.15.D. Accessory Buildings and Section 401.15.C.8 Building Type and Construction of the Zoning Ordinance as it relates to accessory building regulations. There are two concerns, whether the allowances for height and size are appropriate and secondly if temporary structures such as fabric carports and shelters should be allowed in the City. At their July 25, 2017 Worksession, the City Council reviewed the scope of this project and has asked the Planning Commission to review and recommend changes to the accessory building regulations. In that this is a new project, a work program had been developed. This effort will involve a thorough review of the current regulations, review other City's regulations, and drafting amendments to the Zoning Ordinance. The proposed schedule for this work is as follows: May 9, 2017: City Council acceptance of proposal and budget. July 25, 2017: City Council discussion of project scope and direction to Planning Commission. August 10, 2017: Planning Commission discussion of accessory building regulations. September 14, 2017: Planning Commission public hearing and review of draft language changes and recommendation. September 26, 2017: City Council review of Planning Commission recommendation and approval of the amendment Ordinance. EXHIBITS Please find as follows Exhibits for your consideration on this matter: Exhibit 1: Section 401.15.D. Existing Oak Park Heights Accessory Building Regulations. Exhibit 2: Section 401.15.C.8. Building Type and Construction Exhibit 3: City of Afton Accessory Building Regulations. Exhibit 4: City of Bayport Accessory Building Regulations. Exhibit 5: City of Mahtomedi Accessory Building Regulations. Exhibit 6: City of Stillwater Accessory Building Regulations. Exhibit 7: City of White Bear Lake Accessory Building Regulations. Exhibit 8: City of Woodbury Accessory Building Regulations. ANALYSIS Current Regulations: Oak Park Heights allows the following related to accessory buildings: 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1)private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of 2 this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand (1,000) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 7. Administrative Approvals. Storage buildings one hundred twenty(120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 9. Size Limit. Except in the case of single family detached dwellings, accessory buildings shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 10. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity. b. A depreciation of neighborhood values or adjacent property values. c. A nuisance. Types of nuisance characteristics include unsightly building exterior. Discussion Points The focus of this review will be on Section 3, Height/Setbacks, as it relates to the height of accessory buildings, Section 6 and 9, as it relates to size, and Section 11 as it relates to compatibility of exterior material. Currently, through this section, the City does not allow fabric carports and shelters. Discussion points on this topic are as follows: 3 1. Height: Should the regulations be clarified and simplified so that the maximum building height of accessory building structures be 17 feet, or possibly 20 feet. Note that the building height would be to the parapet of a flat roof building but to the midpoint of the roof of a gable or hip roof building. 2. Size: There are two Sections, 6 and 9 that regulate size of structures. As to size in Section 6, the Planning Commission should consider whether accessory building size be regulated by lot size. For instance, the limit could remain at 1,000 square feet total for detached and attached accessory buildings on lots 12,000 square feet or under and 1,200 square feet total for lots over 12,001 square feet. The minimum lot size for single family residential lots is 10,400 square feet. Section 9, that provides a limit of 30 percent of the gross floor area of principal buildings, could be incorporated into Section 6, or be eliminated. The purpose of this requirement was to provide a proportionate size of detached accessory building in relation to the size of the house. The Planning Commission should determine if this is necessary. 3. Fabric Carports and Shelters: The City Council has asked whether fabric carports and shelters, usually built without a foundation and with a metal tubular frame, should be allowed. The structures are typically utilized for car and recreational vehicle storage. The current language in Section 11 and in Section 401.15.C.8 as found below does not allow for this type of structure. The following should be considered as it relates to fabric carports and shelters: a. Regulation and Enforcement. The structures are difficult to regulate and would take additional staff enforcement time if allowed within the City. If allowed, the City may want to regulate the structures through a permit and on a limited basis, such as no more than one year. b. Safety issues. If not securely fastened to the ground, the structures can be a hazard to the property or neighbor's property if subjected to high wind conditions. c. Appearance. The appearance of the structures is at odds with standard residential and accessory buildings. Neighbors may object that a property owner can install such a structure when they have gone to the expense of constructing more substantial detached accessory buildings that match the house. If the fabric structure is allowed to exist on the property for a number of years, and can discolor and create appearance issues. Considering the issues addressed above, City Staff would not support allowing fabric carport and shelters. There would be too many regulation and enforcement issues that Staff would need to address. Additionally, it is thought that most neighborhoods in the City would not embrace this change. The temporary structures could create numerous 4 safety and appearance issues. The City Council, at its Worksession, did not seem favorable to allowing fabric carports and shelters in residential districts. They did seem favorable to allowing temporary structures in commercial districts for a maximum of 50 days as a special event permit. Section 401.15.C.8 Building Type and Construction also restricts the types of building materials and construction types for structures. That section is as follows: 8. Building Type and Construction. d. General Provisions. 25 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials, and roof type and pitch are complementary with surrounding properties. 25 2) Maintenance. All buildings in the City shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 25 3) Metal Building Finishes. No unfinished steel or unfinished aluminum buildings shall be permitted in any zoning district. High quality, non- corrosive steel, aluminum, or other finished metal shall be allowed for walls or roofs. 25 4) Prohibited Materials and Structures. e. Pole buildings and Quonset structures. b. Wood or metal poles as principal structure support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. 25 5) Accessory Buildings. All accessory buildings to residential dwelling units and non-residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Section 401.15.D of this Ordinance. b. Exterior Building Finishes — Residential: The primary exterior building façade finishes for residential uses shall consist of materials comparable in grade to the following: 1) Brick. 2) Stone (natural or artificial). 3) Integral colored split face (rock face) concrete block. 5 4) Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress. 5) Stucco (natural or artificial). 6) High quality and ecologically sustainable grades of vinyl, steel and aluminum. Vinyl shall be a solid colored plastic siding material. 7) Fiber cement board. 8) Exterior insulation and finish systems. 9) Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition. c. Exterior Building Finishes— Commercial: The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to Section 401.16 of this Ordinance known as the Design Guidelines. EXAMPLE CITY ORDINANCES Six cities were selected in that they provide a range of options related to accessory building regulations and because of their proximity to Oak Park Heights. Afton Attached is a copy of the Afton regulations related to accessory buildings. The ordinance allows for detached residential accessory buildings at a maximum square footage of 720 square feet with a maximum height of one story. While there are no design restraints, the ordinance requires that all accessory buildings have a foundation, concrete slab or footings. Bayport Provided as attached is the section of the Bayport regulations that address accessory buildings. The regulations provide for sheds, garages and rural storage buildings. The garage regulations are most applicable to Oak Park Heights. Garages of 2,000 square feet or 10 percent of the lot area are allowed in the R-1 District and or the lesser of 2,000 square feet or 10 percent of the lot area is allowed in the R-2 District. The height requirements are at 12 feet or 17 feet to match the pitch of the principal structure. The exterior design and color of the garage shall be the same as that of the principal structure or be of an earthen tone. Mahtomedi Mahtomedi specifies maximum size of accessory buildings based upon lot size. Lots less than 10,400 square feet may have an accessory building not to exceed 750 square feet and lots over 10,400 square feet may have an accessory building not exceed 1,250 square feet. Accessory buildings shall have no more than one level and shall not exceed the height of the principal building. The ordinance does not allow canvas, plastic fabric or other non-permanent building materials. 6 Stillwater Attached is a copy of the Stillwater regulations. Stillwater allows a maximum of 500 square feet for accessory dwelling units and 750 square feet for a detached accessory structure. The maximum building height is 20 feet. The City requires design review for consistency with the house for detailing and materials. White Bear Lake Primary accessory structures are required to not exceed 100 percent of the first-floor area of the principal structure or 1,000 square feet, whichever is less. On lots with an attached garage, the maximum size of a detached accessory structure is 625 square feet, but not exceeding 10 percent of the rear yard. The combined square footage of the accessory structure and attached garage can be no more than 1,000 square feet for lots having 10,500 square feet or less and 1,250 square feet for lots having more than 10,500 square feet. The height limit is 15 feet for accessory structures. The exterior color, design, and/or material of the structure shall be compatible with the principal structure. Woodbury The Woodbury accessory building regulations are attached. Detached accessory buildings in the R-1 District (less than five acres) are allowed a maximum size of 1,000 square feet. Attached garages shall not be more than 1,000 square feet or 50 percent of the main floor area of the principal building, up to 2,000 square feet, whichever is greater. The accessory structures are allowed a wall height of no more than 12 feet and the buildings may not be more than one story in height. Cloth, canvas, plastic sheets and tarps are not allowed as primary materials on accessory buildings, except on greenhouses. A table showing these allowances and how they compare to the existing Oak Park Heights regulations is as follows: Accessory Building Regulations City Size Allowance Height Allowance Fabric Afton Maximum of 720 sq.ft. One story Requires a foundation, concrete slab or footings Bayport 2,000 sq.ft. or 10 12 or up to 17 ft. to Exterior design and percent of the lot area in match the pitch of the color of garage to match the R-1 District. The principal structure the principal structure lesser of 2,000 sq.ft. or 10 percent of the lot area in the R-2 District Mahtomedi Lots less than 10,400 No more than one story Does not allow canvas, sq.ft. building not to and not exceed the plastic fabric or other exceed 750 sq.ft. and height of the principal non-permanent building lots over 10,400 sq. ft. a building materials building not to exceed 1,250 sq. ft. 7 Oak Park Heights Not to exceed 1,000 12 or up to 17 ft. to Similar quality exterior square feet of attached match the pitch of the material. and detached principal structure Stillwater 500 sq. ft.for accessory 20 feet Design review required dwelling units and 750 for consistency with the sq.ft.for detached house for detailing and accessory structures materials White Bear Lake Combined attached and 15 ft. Color, design and/or detached shall be no material shall be more than 1,000 sq.ft. compatible with the for lots 10,500 sq.ft. or principal structure. less and 1,250 sq.ft.for lots more than 10,500 sq.ft. Woodbury Maximum size of 1,000 Wall height of no more No cloth, canvas, plastic sq.ft. or 50 percent of than 12 ft. and not more sheets and tarps except the main floor area of than one story. on greeehouses principal building, up to 2,000 sq.ft.whichever is greater Conclusion/Recommendations The Planning Commission should review the scope of work and provide direction to staff for potential amendments to the accessory building section. If the Planning Commission members have any examples or other cities they would suggest, that would be encouraged. Note that the current City regulations for accessory buildings are very consistent with other example City regulations. 8 &IJ 4- I 401.15.D. Accessory Buildings, Uses and Equipment. 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. 21 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 213. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 214. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 115. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand (1,000) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. From City Ordinance 401 (as amended August 23, 2011) 7. Administrative Approvals. Storage buildings one hundred twenty (120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 218. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 9. Size Limit. Except in the case of single family detached dwellings, accessory buildings shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 10. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity. b. A depreciation of neighborhood values or adjacent property values. c. A nuisance. Types of nuisance characteristics include unsightly building exterior. 12. Trash Receptacles. All buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: a. Exterior wall treatment shall be similar and/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or side yard. From City Ordinance 401 (as amended August 23, 2011) c. The trash enclosure must be in accessible location for pick up hauling vehicles. d. The trash receptacles must be fully screened from view of adjacent properties and the public right-of-way. e. The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. 13. Conditional Use Permits. Application for a conditional use permit under this sub-section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. c. The building has an evident re-use or function related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 21 e. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. 21 f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. 21 i. The building height of an accessory building shall not exceed twenty-five (25) feet. 21 j Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty-five (35) percent of the rear yard. From City Ordinance 401 (as amended August 23, 2011) k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. From City Ordinance 401 (as amended August 23, 2011) 841( z 25 8. Building Type and Construction. a. General Provisions. 25 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials, and roof type and pitch are complementary with surrounding properties. 25 2) Maintenance. All buildings in the City shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 25 3) Metal Building Finishes. No unfinished steel or unfinished aluminum buildings shall be permitted in any zoning district. High quality, non- corrosive steel, aluminum, or other finished metal shall be allowed for walls or roofs. 25 4) Prohibited Materials and Structures. a. Pole buildings and Quonset structures. b. Wood or metal poles as principal structure support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. 25 5) Accessory Buildings. All accessory buildings to residential dwelling units and non-residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Section 401.15.D of this Ordinance. 25 b. Exterior Building Finishes — Residential: The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following: 1) Brick. 2) Stone (natural or artificial). 3) Integral colored split face (rock face) concrete block. 4) Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress. 5) Stucco (natural or artificial). 6) High quality and ecologically sustainable grades of vinyl, steel and aluminum. Vinyl shall be a solid colored plastic siding material. 7) Fiber cement board. 8) Exterior insulation and finish systems. 9) Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition. 25 c. Exterior Building Finishes — Commercial: The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to Section 401.16 of this Ordinance known as the Design Guidelines. a� Ac4.0(\ LAND USE habitable dwelling unit unless the existing building conforms or the building after such improvement (including septic system)will conform with all the requirements of the City's ordinances and any applicable state requirements. Any alterations,modifications or enlargements of an existing seasonal principal building for the purpose of continuing the seasonal use shall require a Conditional Use Permit. J. In all districts where single-family detached dwellings are permitted,the following standards shall apply for single-family detached dwellings,including manufactured homes,except that these standards shall not apply to manufactured homes permitted by Section 12-213(B),(C),(D)or(E): 1_ Minimum width.The minimum width of the main portion of the structure shall not be less than 20 feet, as measured across the narrowest portion. 2. Foundations.All dwellings shall be placed on a permanent foundation extending below the frostline and anchored to resist overturning,uplift and sliding in compliance with the state building code. K. The size of a garage attached to a principal residential building shall not have a foundation that exceeds 2,000 square feet!" Secy Types of accessory buildings.149 A. Storage or tool sheds;detached residential accessory buildings;detached domesticated farm animal buildings on residential parcels; and agricultural buildings on rural farms. Such accessory 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.No door or other access opening in a storage or tool shed shall exceed 28 square feet in area. 2. Detached residential accessory building.A one-story accessory building used or intended for the storage of motor-driven passenger vehicles,hobby tools,garden equipment,workshop equipment and so forth. The total area of all accessory buildings shall not exceed 2,500 square feet, subject to the acreage requirements in Subsection(B)of this section.(Also see Paragraph(4)of this section.)'5° 3. Detached domesticated farm animal building on residential parcels.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 on any nonagricultural parcel as defined in Section 12-55. The total area of all accessory building shall not exceed 2,500 square feet,subject to the acreage requirements in Subsection(B)of this section.Such buildings shall be regulated by Subsections(B),(M),and(N)of this section. 4. Agricultural buildings on rural farms. An accessory building used or intended for use on a parcel on which rural agriculture, as defined in Section 12-55, is the principal use, and shall be subject to the following restrictions:No accessory building,except for agricultural buildings on rural farms,shall be more than 20 feet in height,nor have a roof pitch which exceeds that of the principal building.On any lot of less than five acres no accessory building shall exceed the square footage of the principal structure.151 5. Existing agricultural buildings at the time of a subdivision are exempt from the limits on the maximum square footage and on the total number of accessory buildings imposed by Subsection(B)of this section. Any additions to or expansions of accessory buildings shall thereafter be subject to requirements of this section with the existing agricultural buildings being included in both the square footage and building number calculations. 6. Temporary Accessory Dwelling Unit. A temporary dwelling unit that is accessory to a residential principal structure, and that can be easily removed. A temporary accessory dwelling unit requires an administrative permit. Such permit shall expire 180 days from the date of issuance, unless there is specific ordinance language setting out a longer timeframe,and may be renewed for one additional 180 day period.152 '48 Ord 03-2012,§ 12-186(K),4/17/2012 149 Code 1982,§301.703 15°Ord 05-2013,3/19/2013 15' Ord 05-2015,3/19/2013 152 Ord 05-2013,3/19/2013 CD12:67 AFTON CODE B. Permitted uses of accessory buildings.153 �.'��.:r.��'+.i.?'. .-'iv ,�l�:'-1:4�" "Y` i�''v:'i,Y �W+A 4'qs: ,il.S'; .a?'.,•'+tc :'''•=a•?i'r.'=:;'z�:i:'..:s;uc3..�: :�6:=•Le"_. <.'t„ ;-j +w.s:.b: ,L'ej -�tt i y� }^�"i4� P.,,�rti. ,�r1 t, ,+n �yF ,, xy �i`"'.i,'G , 'a t,w.,' �+'v � �L'e cJ";"' _x.•::�r:...:''4 - : Storage or tool shed: Permit required Building Building Building Maximum square footage 160 160 160 Maximum roof height 12 feet 12 feet 12 feet Maximum door opening area 28 sq.ft. 28 sq.ft. 28 sq.ft. Maximum number of stories One story* One story* One story* Detached residential accessory building: Permit required Admin&Bldg. Admin&Bldg. Bldg. Maximum square footage *** *** 720 Maximum number of stories One story* One story* One story* Detached domesticated farm animal building on residential parcels: Permit required Admin&Bldg. Admin&Bldg. N**** Maximum square footage *** *** Maximum number of stories One story* One story* Agricultural building on rural farm of: More than 10 but less than 20 acres: Permit required Admin Admin N Maximum square footage *** *** 20 or more acres: Permit required Admin/Farm Site Plan Admin/Farm Site Plan N *See Ch. 11,Sec. 1102 of the International Building Code(IBC) ***Total number of accessory buildings possible: 1 or 2 on parcels of 10-20 1 or 2 on parcels of 5 and 1 not to acres not to exceed a total of more ac.Not to exceed a total exceed 720 2,500 square feet;2 on of 2,000 square feet; 1 on square feet. parcels less than 10 acres not parcels less than 5 acres not to to exceed 2,000 square feet. exceed 1,000,square feet. Residential parcels shall be Agricultural parcels shall be regulated by the RR district. regulated by the A and AP Permit shall be recorded.No districts.Permit shall be Admin permit required on recorded.No Admin permit buildings 1,000 s.f.or less. required on buildings 1,000 s.f.or less. ****See Section 12-230 regulating the keeping of chickens on parcels less than five(5)acres."' C. A storage or tool shed as defined in this section may be placed on any lot in addition to the permitted type and number of accessory buildings. "Ord 09-2010,§ 12-187(B),9/21/10 'Ord 05-2013,3/19/2013 CD12:68 LAND USE 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. A building shall be considered an integral part of the principal building if it is located six feet or less from the principal building.The exterior design and color shall be the same as that of the principal building and the height shall not exceed the height of the principal structure. F. No accessory building in a Commercial or Industrial Zoning District shall exceed the height of the principal building. G. No accessory building shall be located nearer the front lot line than the principal building on that lot except by Administrative Permit as provided for herein: 1. The proposed accessory building shall be located on a lot of five or more acres;and 2. The proposed accessory building shall be screened from the public street and neighboring parcels by existing vegetation that provides year-round screening and exceeds the height of the accessory building unless the accessory building is of the same design and material as the principal building and is located 25 feet or less from the principal building,provided all other required setbacks are met. H. Accessory structures located on lake or stream frontage lots may be located between the public street and the principal structure as regulated by the shoreland management ordinance and Subsection(G)of this section. I. Houseboats and buildings used as shelters from which to fish during open water months are to be considered accessory structures for purposes of this article.All houseboats used within the City limits for a period of 30 consecutive days or more shall require a Administrative Permit.Such 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 the method of access to the public street. 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. J. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory storage building equivalent to a storage or tool shed as defined in Subsection(AX 1)of this section.Ice fishing houses shall meet the size limitations of Subsection (B)(1) of this section and all other provisions of this article, except Subsection(K)of this section. K. All accessory buildings shall be securely anchored. Those over 100 square feet shall have a foundation, concrete slab or footings. Nonagricultural 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. L. All accessory buildings shall meet the minimum required setbacks contained in Section 12-132(A)for the zoning district in which it is to be located. M. An Administrative Permit is required for approval and construction of a detached domesticated farm animal building on a residential parcel of at least five acres and up to 20 acres. No detached domesticated farm animal building shall be permitted on any lot less than five acres.An application for an Administrative Permit shall include the following: 1. A dimensioned site plan or aerial photograph 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 access to the proposed building;and all manure storage and disposal areas. 2. A written soil inventory and evaluation from the county soil conservation district. 3. Details of the building floor plan,elevations,materials and color of structure. N. Performance standards for detached agricultural buildings and domesticated farm animal buildings shall include the following: CD1 2:69 City of Bayport Accessory Building Requirements Sec. 703.-Accessory buildings and structures. 703.01 For the purpose of this ordinance, accessory buildings are defined as a subordinate building, or a portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building. Types of accessory buildings include storage/tool/garden sheds, garages, rural storage buildings, or agricultural/farm buildings. Said accessory buildings are defined as follows: (1) Storage/tool/garden sheds. A one-story, detached accessory building of less than 120 square feet gross area with a maximum roof height of 12 feet. No door or other access opening in a storage or tool shed shall exceed six feet in width and a total of 42 square feet. (2) Garage. A one-story, attached or detached accessory building used or intended for the storage of motor-driven passenger vehicles, tools, equipment, or recreational equipment. The maximum height of an accessory building shall be 12 feet. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with that of the principal structure. The height of the accessory building shall not exceed the height of the principal structure. (3) Rural storage building or agricultural/farm buildings. A one-story accessory building used or intended for the storage of motor-driven passenger vehicles, tools, machinery, equipment, domesticated farm animals, grain, or feed. The maximum height of an accessory building shall be 12 feet. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with that of the principal structure. The height of the accessory building shall not exceed the height of the principal structure. (Ord. No. 710, § 2, 8-5-96; Ord. No. 796, § 1, 3-3-08) 703.02. Permitted uses of accessory buildings: Referenc R-1 R-2 Permit e (1 Storage/tool/garde ) n shed: k ` Permitted; may be Permitted; may be placed on any lot placed on any lot in addition to in addition to Form required other permitted other permitted to verify accessory accessory setbacks but 703.01(1 Use buildings buildings no fee ) 703.01(1 Max. area size 120 square feet 120 square feet — ) 703.01(1 Max. roof height 12 feet 12 feet — ) Max. number of 703.01(1 stories 1 story 1 story — ) (2 ) Garage: Buildingperm it and fee 703.01(2 Use Permitted Permitted required ) The lesser of The lesser of 2,000 square feet 2,000 square feet or 10% of lot or 10% of lot area,provided it area,provided it does not exceed does not exceed the maximum lot the maximum lot coverage for all coverage for all 703.01(2 Max. area size structures structures — ) Max. number of 703.01(2 stories 1 story 1 story — ) Up to 12 feet or Up to 12 feet or up to 17 feet to up to 17 feet to match pitch of match pitch of principal principal structure,but structure,but cannot exceed cannot exceed 703.01(2 Max. roof height principal structure principal structure — Rural storage building or (3 agricultural/farm ) building: Permitted if in effect prior to this Buildingperm ordinance; new it and fee 703.02(3 Use Permitted uses not permitted required ) The lesser of 2,000 square feet or 10%of lot area, provided it does not exceed the maximum lot coverage for all Max. area size structures — — — Max. number of stories 1 story 1 story — — Up to 12 feet or Max. roof height up to 17 feet to match pitch of principal structure,but cannot exceed principal structure 1 storage/tool/garde n shed 1 attached garage 1 detached garage, rural 1 storage building, storage/tool/garde Total number of or n shed (4 accessory agricultural/farm 1 attached garage ) buildings allowed building 1 detached garage — 703.03 The lesser of 2,000 square feet The lesser of of aggregate area 2,000 square feet or 10%of lot of aggregate area area, excluding or 10%of lot storage/tool/ area, excluding garden sheds, storage/tool/garde provided it does n sheds,provided not exceed the it does not exceed Total area of maximum lot the maximum lot (5 accessory coverage for all coverage for all ) buildings per lot structures structures — — (Ord. No. 653, 8-6-90; Ord. No. 710, § 3, 8-5-96; Ord. No. 772, § 1, 5-2-05; Ord. No. 796, § 1, 3-3- 08) 703.03. A tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings. 703.04. 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. 703.05. The total aggregate area of residential accessory buildings per lot, attached and detached, shall not exceed the lesser of 2,000 square feet or ten percent of the total lot area. In addition, the height of such structure shall not exceed the lesser of one story, up to a maximum of 17 feet, or the height of the principal structure on the lot, except when said structures are located in business, industrial or planned unit developments. (Ord. No. 796, § 1, 3-3-08) 703.06. An accessory building shall be considered as an integral part of the principal building if it is located six feet or less from the principal building. 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 ordinance prevail. 703.07. No accessory building in a commercial or industrial district shall exceed the height of the principal building, except by conditional use permit. 703.08. No accessory building in apartment developments shall exceed the height of the principal building, except by conditional use permit. 703.09. 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. 703.10. No detached garage or other accessory building shall be located nearer the front lot line than the principal building on that lot, except in 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. 703.11. All accessory buildings, including attached and detached residential garages, shall have a minimum five-foot setback, measured from the eave dripline, from interior rear or side lot lines, providing a ten-foot separation to adjacent buildings on abutting lot is maintained. "Interior lot line" means any side or rear lot line that is common with the side or rear lot line of an adjacent lot. A residential garage that is attached to the principal structure and contains living space or a potential habitable area above the garage may be set back five feet from interior rear or side lot lines, measured to the foundation wall of the structure, provided the living space or potential habitable area is situated so that it meets the setback requirements of the principal structure for the zoning district. Accessory buildings on lake or stream frontage lots may be located between street and principal structures provided that physical conditions of the lot would require such a location, as determined by the zoning administrator. Accessory buildings shall not be permitted within 20 feet of any public right-of-way except when a lot abuts an alley, an accessory building with a vehicle entrance door on the side of the building opposite the alley or on the side of the building that is perpendicular to the alley, may be permitted a seven-foot minimum setback, measured to the eave dripline, from the alley right-of-way. All accessory buildings including detached residential garages shall have a minimum seven-foot setback from the alley right-of-way, measured from the eave dripline. (Ord. No. 637, § 1, 12-3-84; Ord. No. 722, § 722.01, 4-10-98; Ord. No. 772, § 1, 5-2-05; Ord. No. 796, § 1, 3-3-08) 703.12. Houseboats and buildings used as shelters during open water months from which to fish are to be considered accessory structures for purposes of this ordinance. 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. 703.13. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory storage building equivalent to a storage shed ([section] 703.01(1)). Ice fishing houses shall meet the size limitations of section 703.02(1) and all other provisions of this ordinance, except section 703.14. 703.14. Accessory buildings larger than 120 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. (Ord. No. 796, § 1, 3-3-08) 703.15. An attached residential garage or carport may be located as in [section] 703.11 provided there is no habitable space connected thereto that is within the required yard area for residential dwellings. (Ord. No. 637, § II, 12-3-84) 703.16. 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. 703.17. The final exterior finish for an addition, alteration, or improvement to the exterior of an accessory building or structure shall be substantially completed within six months from the time the building permit was issued for the project, or if no building permit is required, from the time the project was started. Ct4.cv4t Section .01:Zoning Ordinance Subdivision 9.6:Accessory Uses and Other Uses 9.6 Accessory Uses and Other Uses. A. Accessory Buildings.Accessory buildings shall comply with the following conditions: 1. Accessory Building without a Principal Building.No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory unless authorized through an agreement as approved by the City Administrator and City Attorney. 2. Size of Accessory Buildings on Residential,Agricultural,and Conservation Zoned Parcels. a. Total Lot Coverage on Lots 10,400 Square Feet or Less.All legally buildable lots in the Agricultural,Residential or Conservation Zones(with the exceptions of public buildings in a conservation zone—public being defined as uses owned or operated by Municipal, School District,County, State or other governmental units)less than ten thousand,four hundred(10,400)square feet in area that have a principal building on them shall be permitted to have accessory buildings that have a total lot coverage not to exceed seven hundred fifty(750)square feet—provided all other applicable provisions of this Ordinance are met. b. Total Lot Coverage on Lots 10.400 Square Feet or More.The total maximum lot coverage of all accessory buildings on a single parcel in the Agricultural,Residential or Conservation zones(with the exceptions of public buildings in a conservation zone —public being defined as uses owned or operated by Municipal,School District, County,State or other governmental units)shall not exceed 1,250 square feet,or 7.25%of the total lot area,whichever is less. c. Total Maximum Lot Coverage.The total maximum lot coverage of all accessory building shall not exceed eighty percent(80%)of the lot coverage area of the principal building.The City Council may allow the total maximum lot coverage of all accessory building to equal up to one hundred percent(100%)of the lot coverage area of the principal building pursuant Subdivision 8.21: Conditional Use Permit. 3. Separation from Principal Buildings.Detached accessory buildings shall be at least six (6)feet from the principal building situated on the same parcel.An accessory building shall be considered to be an integral part of the principal building unless it is six(6)feet or more from the principal building. 4. Accessory Buildings in Front Yards Limited. a. An accessory building shall be set back a minimum of thirty(30)feet from the front lot line. b. On all lots,accessory buildings other than detached garages may not be located closer to a front lot line than the principal building.A detached garage may be nearer the front lot line than the principal building but not nearer the minimum required setback from the front lot line for a principal building.Example:If the existing house is located forty(40)feet from the front lot line,a detached garage may be located thirty(30)feet from the front lot line to meet the setback requirements of this Subdivision,but no other accessory structure may be located closer than forty(40) feet to match the existing front yard setback of the principal structure. 5. Accessory Buildings Rear Setback.Detached accessory buildings shall not be located less than eight(8)feet from the rear parcel lines.On through lots,the Zoning Administrator or other Authorized Agent shall determine the rear property line. 104 Chapter 11:Planning and Development Chapter 11.01:Zoning Ordinance Section 9.6:Accessory Uses and Other Uses 6. Accessory Building Side Setback.Detached accessory buildings shall not be located less than five(5)feet from the side parcel lines.In all residential districts,accessory buildings that exceed one hundred twenty(120)square feet in lot area and that are located in the side yard shall meet the side yard requirements of the principal structure for the zoning district in which the lot is located. 7. Accessory Buildings Setback on Corner Parcels.Corner lots shall provide the required front yard setback along each street as stated in Subprovision 4(a)and(b)above. 8. Accessory Building Height.No accessory building shall have more than one(1)level nor shall it exceed the height of the principal building in all zones.A loft in an accessory structure is not considered a level if the floor area of the loft is less than fifty percent (50%)of that of the main level of the accessory structure.The City Council may allow accessory structures with more than one level pursuant to Subdivision 8.21:Conditional Use Permit procedures of this Legislative Code.Detached weather protective canopies, such as those used for covering gas pump areas,shall be exempt from the foregoing height provision in recognition of the minimum clearance requirement of 14'6",but shall be limited to twenty(20)feet overall height. 9. Accessory Building Attached to Principal Buildings.When an accessory building is structurally attached to a main building,or located within six(6)feet of the main building,it shall be subject to,and must conform to all regulations of this Ordinance applicable to principal buildings. 10. Appearance.The architectural appearance of accessory buildings shall be visually compatible with the principal building relative to color,materials,and form.Accessory buildings constructed primarily of canvas,plastic fabric,or other similar non—permanent building materials shall be prohibited. 11. Garage Door Openings.Garage door openings in Agricultural,Residential and Conservation Zones shall be limited in height to eight(8)feet as measured from the driveway apron at the door opening. 12. Number of Accessory Buildings(all districts).A maximum of two(2)individual accessory buildings per lot,including detached garages,shall be allowed in all zoning districts.The City Council may allow more than two(2)accessory buildings pursuant to the conditional use procedures of this code as stated in Subdivision 8.21: Conditional Use Permit. 13. Accessory Building Use.Accessory buildings in Agricultural,Residential and Conservation Zones shall not be used for business purposes. 14. Permit Requirements.A zoning permit shall be required for all accessory buildings less than one hundred twenty(120)square feet in area. All accessory building over one hundred twenty(120)square feet shall require a building permit.A fee as determined from time to time by the City Council shall be required to process the zoning permit (building permit). B. Adult Oriented Uses. 1. Intent.The purpose of this Subdivision is to establish provisions for the opportunity as well as controls of adult oriented uses within the City of Mahtomedi. 2. Findings.Studies conducted by the Minnesota Attorney General and cities such as Minneapolis,Minnesota; St.Paul,Minnesota;Indianapolis,Indiana;Los Angeles, California;and Phoenix,Arizona have studied the impacts that adult oriented uses have in those communities.These studies have concluded that adult oriented uses have an Chapter 11:Planning and Development 105 City of Stillwater Accessory Building Requirements • Sec. 31-503. - Accessory structures. Subd. 1. In TR districts. (a) Accessory structures are subject to the following regulations: (1) One accessory structure may be located on a residential lot. (2) Uses may include one or more of the following: Accessory dwelling unit, 500 square feet maximum; ii. Accessory dwelling and one enclosed structure parking space (720 square feet maximum); Home office; and/or iv. Storage. (3) Maximum size of a detached accessory structure is: 00 square feet, one story use of loft area is allowed; or ii. 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (4) A detached accessory structure must abide by the following setbacks: Side yard, 5 feet Rear yard, 10 feet (5) The application requires design review for consistency with the primary unit in design, detailing and materials. (6) Detached accessory structures shall not have window openings facing the rear property line. (7) Detached accessory structures located on corner lots shall have the garage doors turned away from the side street. • (8) If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. Subd. 2. In RB districts. (a) Accessory buildings are subject to the following performance standards: (1) The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. (2) The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. (3) No more than two accessory buildings, one private garage and one other accessory building, 120 square feet maximum, shall be located on a residential premises. (4) An accessory building shall not be designed or used for human habitation, business or industrial accessory use. NAt.sattur V4.0. &Al §1302.030 ZONING CODE §1302.030 §1302.030 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS. Subd. 1. Purpose.The purpose of this Section of the Zoning Code is to establish general development performance standards. These standards are intended and designated to assure compatibility of uses;to prevent urban blight,deterioration and decay;and to enhance the health,safety and general welfare of the residents of the community. Subd. 2. Dwellina Unit Restriction. a) No cellar, basement, garage, tent or accessory building shall at any time be used as an independent single family residence or dwelling unit, temporarily or permanently, except for approved home accessory apartments or permitted temporary health care dwelling units per Section 1302.125. (Ref. Ord. 10-1-1062, 1/12/10, 16-10-2019, 10111/16) b) Basements may be used as living quarters or rooms as a portion of residential dwellings. c) Earth Sheltered dwelling units shall not be considered as a basement or cellar,but shall require a conditional use permit as regulated by Section 1301.050 of this Code. d) Tents, play houses or similar structures may be used for play or recreational purposes. Subd. 3. Platted and Unpiatted Property. a) Any person desiring to improve property shall submit to the Building Official a survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property,encroachments,and any other information which may be necessary to insure conformance to City Codes. b) All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City. c) A lot of record existing upon the effective date of this Code (12-19-84)in a residential district which does not meet the requirements of this Code as to area or width may be utilized for single family detached dwelling purpose, provided that: 1) The measurement of such area and width are within seventy (70) percent of the requirements of this Code; and 2) Setbacks and yard requirements shall be in conformance with this Code. (Ref. Ord. No. 09-02-1056, 2/10/09) d) Except in the case of planned unit development as provided for in Section 1301.070 of this Code, not more than one (1)principal building shall be located on a lot. e) On a double frontage lot(a lot fronting on two(2)parallel streets),both street lines shall be front lot lines for applying the yard and parking regulations of the Code. (Ref. Ord. 10-1-1062, 1/12/10) ewra• Subd.4. Accessory Buildinas and Structures and Uses. a) No accessory building or structure shall be permitted on any lot prior to the time of the issuance of the building permit for the construction of the principal building. 1302.030.1 §1302.030 ZONING CODE §1302.030 b) Accessory buildings and structures are permitted in the rear and side yard only. On lots which have access to an alley,the garage shall utilize that alley unless an alternative location is approved by the Zoning Administrator,provided that the garage does not face or access the true front of the lot, and on a corner lot, an attached garage must be located in the rear yard. (Ref. Ord. 09-02- 1056,2/10/09) c) An accessory structure shall be considered attached if it is located less than six(6)feet from the principal structure. (Ref. Ord. 897, 7/13/93) d) Any attached or unattached accessory building which abuts a public street right-of-way shall adhere to the same setback requirement as that of the principal structure except lock boxes as provided in§1303.230, Subd. 5b of this Code. (Ref Ord 915, 12/13/94) e) In all residential zoning districts except the "R-1I" and "R-1S" districts, an attached residential garage shall not set within five (5)feet of the side property line and shall maintain the principal structure's minimum setback requirement for the rear yard and when adjacent to the public right-of- way. A property owner who constructs a tuck-under garage shall adhere to the same setback requirements for that of the principal structure. Any detached residential accessory structure, except recreational and water-oriented accessory structures,shall not set within five(5)feet of a side lot line and five(5)feet of the rear lot line. The exterior color, design and/or material of the garage shall be compatible with the principal structure. (Ref.Ord.804,3/14/90;897,7/13/93;915, 12/13/94; 981, 10/10/00) f) In the"R-1 I"and"R-1S"districts,attached and detached residential garages shall not set within fifteen(15)feet of the side lot line except where the high point of the roof of an accessory structure (either attached or detached) exceeds fifteen (15)feet in height, the structure shall be setback from the side lot boundary line an additional one (1) foot for every foot of structure height exceeding fifteen (15)feet. Structure height shall be measured from mean ground grade to the high point on the roof. An attached garage shall also maintain the principal structure's minimum setback requirement for the rear yard and when adjacent to a public right-of-way. A property owner who constructs a tuck-under garage shall adhere to the same setback requirements for that of the principal structure. The exterior color, design and/or material of the garage shall be compatible with the principal structure. (Ref. Ord.897, 7/13/93) g) No detached garages or other accessory buildings except attached garages in residential districts shall be located nearer the front lot line than the principal building on that lot except in planned unit developments or cluster developments. h) Accessory structures located on lake frontage lots or lots with a rear alley may be located between the public right-of-way and the principal structure provided that the physical conditions of the lot require such a location. Following are the required setbacks to the public right-of-way:(Ref.Ord. 981, 10/10/00) 1) For lake frontage lots,a twenty(20)foot setback to the public right-of-way is required for art accessory structure (garage or storage shed). (Ref. Ord. 773, 1/10/89; 981, 10/10/00) 2) For lots with a rear alley,a twenty(20)foot setback to the public right-of-way is required for an accessory structure(garage)if the garage door faces the alley. (Ref. Ord. 00-10-981, 10/10/00) 1302.030.2 §1302.030 ZONING CODE §1302.030 3) For lots with a rear alley,a five(5)foot setback to the public right-of-way is required for an accessory structure(garage)if the garage door faces into the yard. (Ref. Ord.00-10-981, 10/10/00) 4) For lots with a rear alley, a five(5)foot setback to the public right-of-way is required for a storage shed. (Ref. Ord. 00-10-981, 10/10/00) i) Up to two(2)accessory structures are permitted for each single or two family dwelling unit,the first being a primary accessory structure(an attached or detached residential garage)and the second being a secondary accessory structure subject to the following conditions: (Ref. Ord. 915, 12/13/94, 10-1-1062, 1/12/10) 1) Primary Accessory Structures (Ref. Ord. 10-1-1062, 1/12/10) a) Attached residential garaae(s) shall not exceed one (1) story or the height of the principal structure. The maximum gross floor area shall not exceed 100%of the first floor area of the dwelling unit or 1,000 square feet,whichever is more restrictive. b) Detached residential aaraaes shall not exceed fifteen(15)feet in height as measured to the mean of the roofline,or the height of the principal structure,whichever is more restrictive. The maximum gross floor area shall not exceed 100% of the first floor area of the principal structure or 1,000 square feet, whichever is more restrictive. Only one detached garage shall be permitted on any single or two family lot. (Ref. Ord 915, 12/13/94, 00-10-981, 10/10/00) 2) Secondary Accessory Structures. (Ref. Ord. 00-10-981, 10/10/00, 10-1-1062, 1/12/10) a. Storage sheds(120 square feet or less)shall be measured from the ground grade to the top of the roof and shall not exceed twelve(12)feet in height. (Ref. Ord 915, 12/13/94; 00-10-981, 10/10/00) b. Lots containing attached garages:Through an administrative variance,pursuant to Section 1301.060,Subd.6-7 of this Code,a second accessory structure no greater than six hundred twenty-five(625)square feet,but not exceeding ten(10)percent of the existing rear yard is allowed,provided that the combined square footage of a second accessory structure and an attached garage for lots having 10,500 square feet or less shall not exceed one thousand (1,000)square feet or 100 percent of the first floor area of the principal structure,whichever is more restrictive. For lots greater than 10,500 square feet, the combined square footage of a second accessory structure and an attached garage shall not exceed one thousand two hundred fifty (1,250) square feet or 100 percent of the first floor area of the principal structure,whichever is more restrictive. Second accessory structures of 120 square feet (storage shed) or less are allowed without an administrative variance and must comply with the combined square footages mentioned above. (Ref. Ord 915, 12/13/94; 00-10-981, 10/10/00; 996, 11/12/02) 1302.030.3 §1302.030 ZONING CODE §1302.030 c. Lots containing detached garages:Limited to a second accessory structure of 120 square feet(storage shed)or less without an administrative variance. Through an administrative variance, pursuant to Section 1301.060, Subd.6-7 of this Code, a second accessory structure no greater than two hundred(200)square feet,but not exceeding ten (10) percent of the existing rear yard is allowed. Either way, the combined square footage of these accessory structures for lots having 10,500 square feet or less shall not exceed one thousand (1,000) square feet or 100 percent of the first floor area of the principal structure,whichever is more restrictive. For lots greater than 10,500 square feet, the combined square footage of these accessory structures shall not exceed one thousand two hundred fifty (1,250) square feet or 100 percent of the first floor area of the principal structure, whichever is more restrictive.(Ref.Ord 915,12/13/94;00-10-981,10/10/00;16-01- 2007, 1/12/16) d. One recreational or water-oriented accessory structure(other than a lock box)not exceeding fifteen(15)feet in height and two hundred fifty(250)square feet in size shall be permitted. This structure shall be set back at least five (5)feet from the rear property line, and shall maintain the same side yard setback as required for the principal structure. (Ref. Ord. 10-1-1062, 1/12/10) e. For properties less than 10,000 square feet in size, no combination of accessory buildings or uses per single or two-family home shall cover more than 35%percent of the available rear yard, or no more than 42% with an administrative variance pursuant to Section 1301.060, Subd. 6-7 of this Code. For properties 10,000 square feet in size or greater, no combination of accessory buildings or uses per single or two-family home shall cover more than 25%of the available rear yard,or no more than 33% through an administrative variance, pursuant to Section 1301.060, Subd. 6-7 of this Code. (Ref. Ord. 10-1-1062, 1/12/10; 16-01-2008, 1/12/16) f. A site plan and permit shall be required for all decks, lock boxes and for all accessory structures used as tool and storage sheds and similar uses. A fee of thirty ($30.00) dollars shall be required. (Ref. Ord. 00-10-981, 10/10/00, 1015, 1/13/04, 10-1-1062, 1/12/10) 3) All single family dwellings hereafter erected on lots of 10,500 square feet or greater or those lots resulting from a subdivision enacted after January 1, 1989 shall have a double garage.All existing double car garages for single family dwellings on lots of the same shall be retained. All single family dwellings on lots having an area less than 10,500 square feet shall have a single car garage. All existing single car garages for single family dwellings on lots of the same shall be retained. All two family dwellings hereafter erected shall have at least a single car garage per unit. All existing two family dwellings which provide a single car garage per unit shall retain said garage. (Ref. Ord. No. 804, 3/14/90) j) All accessory buildings over 120 square feet in size shall require a concrete foundation or concrete slab, except for permitted temporary health care dwelling units per Section 1302.125. In lieu of concrete foundation or concrete slab as specified above, accessory buildings of one hundred twenty (120) square feet or less shall have adequate anchorage of the walls to the ground as approved by the Building Official to provide resistance to overturning, uplift or sliding. (Ref. Ord. 10-1-1062, 1/12/10, 16-10-2019, 10/11/16) k) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a front yard except for townhome units which have no yards 1302.030.4 City of Woodbury Accessory Building Requirements • DIVISION 2. - ACCESSORY BUILDINGS, GARAGES, RECREATIONAL FACILITY AND MISCELLANEOUS STRUCTURES • Sec. 24-280. - Generally. (a) This section applies in all districts. (b) No accessory structure or use shall be constructed or developed on a lot prior to construction of the principal building. (Ord. No. 1863, § 1863.02, 10-24-2012) • Sec. 24-281. - Residential districts. (a) Detached garages and accessory buildings. (1) Shall be setback at least five feet from the side and rear property lines. Exception. On a corner lot, buildings with doors seven-foot or wider facing the side street shall meet the side yard setback for the zoning district. (2) Shall not be placed on drainage, utility or other easements. (3) Shall not be located in front of the principal building. Exception: Buildings may be located in front of the principal building in the R-1 and R-2 districts, providing the minimum front yard setback to the accessory building is 100 feet. (4) Shall not have a wall height exceeding 12 feet in height. (5) Shall not be more than one story in height. (6) Shall not have doors that exceed ten feet in height. (7) Shall not occupy more than 25 percent of the rear yard. (8) Cloth, canvass, plastic sheets and tarps and similar materials, corrugated roofing or siding are not allowed as primary materials on accessory buildings, except on greenhouses, on accessory buildings in the R-1, urban reserve district, and on agricultural buildings as defined by Minnesota Statutes. (b) Accessory building size and number allowed. Zoning District Number Maximum Size R-1, Urban Reserve, lot less than 5 acres 1 1,000 square feet R-1,Urban Reserve, lot 5 acres or more 2 2,000 square feet combined R-2, Rural Estate 1 1,000 square feet R-4, Urban Residential 1 400 square feet (c) Garages. (1) Each lot is allowed one garage, attached or detached. (2) Attached garages shall be not more than 1,000 square feet or 50 percent of the main floor area of the principal building, up to 2,000 square feet, whichever is greater. (3) Setbacks for garages shall be according to the zoning district regulations. (d) Miscellaneous structures. (1) Swing sets, sandboxes, play structures, dog kennels, satellite dishes and similar structures shall not be located closer than five feet from the side or rear property lines, and shall not be located within the front yard setback. (2) Basketball hoops, hockey nets, and similar items may not be located on a public street. (3) Concrete slabs shall not be located closer than five feet from the side or rear property lines but may be located within the front yard setback. (e) Recreational facility. (1) Shall be set back at least five feet from the side and ten feet from the rear property lines. (2) Shall not be placed on drainage,.utility or other easements. (3) Shall not be located in front of the principal structure. However, a recreation facility may be located in front of the principal building in the R-1 and R-2 districts, providing the minimum front yard setback to the primary building is 100 feet. (4) A chain link or non-opaque fence not exceeding ten feet in height shall be allowed to enclose a recreational facility containing concrete, asphalt or similar material. If such fence is used it shall be set back at least five feet from the side and ten feet from the rear property lines and may not be placed in front of the principal structure. (Ord. No. 1863, § 1863.02, 10-24-2012) • Sec. 24-282. - Nonresidential districts. (a) One accessory building is allowed. Exception: Picnic shelters, gazebos and similar structures may be allowed as additional accessory structures. (b) The maximum floor area allowed is 1,000 square feet or up to ten percent of the floor area of the primary structure in accordance with section 24-123(c). Exception: Size may be increased with a conditional use permit. (c) Exterior finish shall be of materials matching the principal structure in color and texture. (d) Architectural design must be similar to the principal structure. (e) Location of the accessory structure shall be approved by the zoning administrator and shall meet the following standards: (1) The location shall have minimal negative impact on the site and adjacent properties and be outside any easement or drainage areas. (2) The location shall meet the following minimum setbacks: a. Front setback: 50 feet. b. Rear setback: Ten feet. c. Side setback: Ten feet. d. Adjacent residential use: 30 feet. e. From any public right-of-way: 50 feet. (f) Accessory structures shall not exceed the height of the principal structure. Exception: Height may be increased with a conditional use permit. (Ord. No. 1863, § 1863.02, 10-24-2012) • Sec. 24-283. - Height limitation and setbacks for certain accessory structures. (a) Accessory structures such as antennas or other similar structures, other than those identified in section 24-314, shall be limited to 45 feet in height in all districts. Such structures shall be so constructed as to have a minimum setback equal to the height of the structure. (b) Except for the R-4, urban residential district, flagpoles shall be limited to 45 feet in height and have a minimum setback equal to the height of the structure (c) In the R-4, urban residential district, flagpoles shall be limited to 25 feet in height. No more than three flagpoles shall be allowed on a single lot. Flagpoles shall have a minimum five-foot setback from side and rear property lines. No minimum setback is required from the front property line or side property line on a corner lot adjacent to a public street. Flagpoles may be permitted in public drainage and utility easements provided that there is no interference with the underlying purpose of the easement. Any flagpole placed within an easement that impedes the access of or intended use of that easement may be removed by the city or the city's representative at the owner's expense