HomeMy WebLinkAbout2017-07-25 CC Worksession Packet Enclosure City of Oak Park Heights Worksession
Date: Tuesday, July 25, 2017
Time: 5:00 p.m.
Location: Oak Park Heights City Hall Conference Room
1. Call to Order
2. Nolde Financing Phase V
3. 2018 Budget
4. Lookout Trail/MNDOT
Accessory Structures Ordinances
6. Adjourn
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TPC3801 Thurston Avenue N,Suite 100
Anoka MN 66303
Phone:763,231.6840
Feosknikr: 783.427.0620
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MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: June 21, 2017
RE: Oak Park Heights — Accessory Building Amendments — City
Council
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.
City Staff has determined that the City Council should review the scope of this project
and provide direction to the Planning Commission as it reviews and recommends
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 28, 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.
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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 Perk Heights allows the following misted to accessory buildings:
1. Connection with Principal Bulking. An accessory building shall be considered an
integral part of the piincipal bu nig 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 401.15D.13 of this Ordinance
3. Height Setbacks. Accessory buildings shall not exceed twelve (12) feet n height and
shall be five(5) feet or more Nom side lot Men, eight(8)feet from the rear lot line, and
shall be sir (6) feet or more frau any other bulkkrq or structure on the same It
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 Ordbiance. Accessory buildings maybe
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
will*h a residential district shall occupy more than twenty-five(25)percent of the area of
the roar 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 Strmiules. 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 budding 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
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6. Sire 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. Ads inlsirative Approval's. Store 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 401.15.115. above.
8 Bilking 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 /oil except by conditional use permit as provided for in
Section 401.03 and Section 401.15D.13 of this Ordinance.
9. Size Limit. Except In the case of single family detached dwielirrgs, 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 proviiried for
in Section 401.03 and Section 401.15D.13 of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air conditioning cooling
structures or condensers, swimming pools, and the lice which generale noise may be
located in a side yard except for side yards abutting streets where equipment is fully
screened firom view.
11. Compatibly. The same or similar quality exterior material shall be used in the
• accessory building and in the pant 1pal 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 properly 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:
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 budding 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.
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2.
Size: There are two Sections, 6 and 9 that regulate size of structures. As to
size in Section 6, the City Council 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 y 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
City Council 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
safety and appearance issues.
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:
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8. Building Type and Construction.
d. General Provisions.
a 1) Compatibility. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with sunound�rtg
properties. Compatibility means that the exterior appearance of the
buidkg, including design, architectural style, quality of exterior building
materials, and roof type and pitch am complementary with surrounding
propettiee
a 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.
'5 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.
n 4) Prohibited Materials and Structures.
a Pole buildings and Quonset structures
b. Wood or metal poles as principal structure support where such
supports we not affixed to a floor slab but inserted directly into
the ground to achieve alignment and bearing capacity
a 5) Accessary Buildings. Ali accessory buildings to residential dwelling units
and non-residential uses shalt 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 facade
finishes for residential uses shall consist of materials comparable in grade to the
following:
1) Bride
2) Stone(natural or artfllal).
3) Integral colored split face(rock face)concrete block.
4) Wood, natural or composite,provided the surfaces we 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 end ecologically sustainable grades of vinyl, steel and
aluminum. Vinyl shall be a solid colored plastic skiing material.
7) Fiber cement board.
8) Exterior insulation and finish systems.
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9) Energy generation panels and devices affixed to a roof or wall. If
not Ouse, 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 knows 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.
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 ail 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.
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.
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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 Bulk:Ong Regulations
City 1 IMO Allowance Height Allowance I 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 171t.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
Mahtomedl • Lots less than 10,400 No more then 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.
Oak Perk 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
eq.ft for detached house for detailing and
accessory structures materials
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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 arse of than one story. on greeehouses
principal building, up to
2,000 sq.ft.whichever
is greater
Conclusion/Recommendations
The City Council should review the scope of work and provide direction to the Planning
Commission as to the potential amendments to the accessory building section. The
City Council should review what other cities in the Metro area are doing in terms of
accessory buildings. If the City Council 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.
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6 xi( #
401.15.D. Accessory Buildings, Uses and Equipment.
I. Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal budding 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. Helght/Setbadcs. 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 h 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)
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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.
21 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 depredation 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 Clay Ordinance 401(as amended August 23, 201 1)
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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.
21g. 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.
Y11. 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)
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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)
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E y' 2,
25 8. Building Type and Construction.
a. General Provisions.
as 1) Compatibility. Buildings in all zoning districts shall maintain a high
standard of architectural end 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.
sa 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.
23 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.
az S) 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
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.
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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.
az 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.
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C aV A(Mm\
LAND USE
habitable dwelling unit unless the existing binding conforms or the building after such improvement
(including septic eaten)n)will oontbrm with all the mendicant'ofthe City's ordrsnc a and any'puke elk
sate requirement'.
L Any almntioas,modifications or enlargements of an exialing seasonal principal budding for the ptapose of
continuing die aasonsl use shall requires Conditional Use hermit.
J. In all districts where.eagle-smrly domed dwellings ire peranittea,the following standards shall apply for
single-family detached dwellings.including manufactured homes.wept tint these standards s'h'at not apply
to mtam&ctored hooses perndned by Section 12-213(B),(C),(D)or(E):
1. Minimum width.The minimum width of the min portion of the structure shall not be less then 20 feet,
as maimed across the narrowest portion.
2. Focmdatioas.All dwellings shall be placed on a perinea/lit foimdation extending below the frosdhne and
mchwod to resist overturning,uplift and sliding In compliance with the state builds*code.
K. The size of a gage attached to a principal residential building shall not have:a foundation that
exceeds 4000 square r"
a_ ___ Types o �g..'w
A Stomp or tool sheds;detached residential aoaeseary bmldings;detached domesticated firm animal buildings
on residential puede;and agrieuitural buildings on nail farms.Such seceaaory buildings aro defined as
follow
1, Stowage or tool sheds:A one-thmry seemsoq building of lass than 160 stpsee feet gross area with a
maximum mof height of 12 fret No doer or other acxxsa opening in a storage or tool stied shall a teed
28 square fleet In nes.
2. Detocksd residesetal ac>cwory bads A one-stagy accessory building used or Wended err the dome
of motor-driven panenger vehicles,hobby tools.modem equipment.worlsbop equipment and no forth.
The total area of all aooessory buildup doll not exceed 2,500 square !bot, mul;leet to the acreage
requirements in Subsection(B)of this section.(Alan see Paragraph(4)of this aeetion)m'm
3. Demand drAnartibenistl sr ee mumalbrdMbggon rnrtdeslialparcels.A ono-story soeessary building seed
or intended For the shelter of domestic Main animals and/or related lead or other tore animal supportive
me lads on any noneg ricukusal parol u shred in Section 12055.The total area of all accessory
building shall not exceed 2.500 square feet,sebjeat to the map regrdreroeots in Subsection(B)of this
section.Such buildings shall be regntabad by Sub""etiems(B),(M),and(N)ofehis suction.
4. Agriculture/&Bangs on rural/wins.An aocemory bolding used or Intended far use on a parcel on
which rural age iculture an defined in Section 12-55,is the principal use,and'bell be subject to the
allowing resaicdons:No aoomuury building,emcee kr egrieultural buildings on nail Orme,shall be
more than 20 few in height,nor have a mof pitch which exceeds that of the pdoc pal building.On any
lot of low than five acres no accessory building shall exceed the "quare ihotar of the principal
atruetoree.'a'
5. Aduleg agricultural ball b go at theNem of a subdivision are aaampt from the ilius on the minima
equate Thatege and on the total manlier edaooemoexbuiidh s imposed by Subsection(B)of this mention.
Any additions to or expanse' of accewcryburtdinp mall thereafter be subject le of this
section with the misting agricultural l ildin p being included le both the square fbotage end building
number p]arla ions.
6. Thy Accessory Dwelling Unit A temp racy dwelling unit that its sccessory to a raidmtid
principal nmc u n.and that an be easily tecun'ed.A temporary meson dwelling unit inquires en
ads dnistrutive permit. Such permit shall expire ISO drys from the date of imamoe, miss there is
specific ordinance language setting out a longer timafreme„and may be renewed for one additional 160
day pars:
'a Ord 03-2012,1112-166(IC),4/1712012
'w Code 1962,1301.703
'se Ord 05-2013,3/19/2013
's'Ord 052015,3/19/2013
112 Ord 052013,3/19/2013
Cb12h67
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AFTON CODE
H. Permitt
ed
uses of nooaasory buildings.153
tclY'.,:,�• t �t.S �t`��������riF.'Pi'1 r.:.°'St4+ �; �:'�j�b��: a� ,,.
Storage or Lal shed:
Permit rewired Building Building Building
Maximum square age 160 160 160
Metdrarma roof height 12 toot 12 fled 12 ibet
Maximum door opening area 28 art.R. 2S sq.R. 28
Maxitu+m t number of stories One stay* One stays One story*
Detached residential arc reory banditry
Permit required Admin&Bldg. Admin&Bldg. Bldg.
Mszimmn square rootage *0* *** 720
Maria=Marin=number of stories One story" One * Ono
Detailed demesdcated farm salaam balding
on residential parcels:
Permit required Admin&Bldg. Admin&Bldg. N«***
Maximum square footage *WW IOWA
Maximum number of stories One story* One,may*
Agriamitsruel bedding out rural farm on
More than 10 but loss then 20 acnes:
Permit required Admin Admin N
Maximum square footage IOW. WWW
20 or•more serer
Permit required Admin/Farm Site Plan Adntia/Psrm Site Plan N
*See Ch.11,Sec. 1102 of the lsmerestional Building Code(IBC)
***Total number of#ooesoary buildings possible: 1 or 2 on percale of 10-20 1 or 2 on parcels ars sad 1 not to
WOO not to exceed a total of more aa.Not to emceed a total armed 7220
2,500 square feat;2 on of 2,000 squat ibet 1 on square feet.
parcels leas been 10 ewes not parcels in then 5 acres not to
to esuxed 2,000 square fat, unused 1,000 square feat.
Rand' inial parcels shall be Agricultural parcels shall be
regulated by the RR district. rid by the A end AP
Parade shall be recorded.No districts.Permit shell be
Admin pmdcregadred on recorded.No Atkin permit
buildings 1.000 al or km. required on buildings 1,000
ILL or leas.
W***See Section 12-230 regulating the beeping of den k=on parcels las than fire(5)acne.''
C. A storage or tool abed as deemed in this section may be placed oar my lot in addition to the permitted type
and number of aooa mory beldame.
ass ON 09-2010,112 167(8),9121/10
i54 Ord 05-2013,3/19/2013
CDI2t6S
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LAND USE
D. No accessory building shill be acted nor accessory use located one lot until a building permit has been
issued far the principal building to which it is accessory.
E. A building Oa be coaddered as Magna pat of the principal bonding If it is located six feet or less from
the principal building,The exterior design tad color shall be the same m that of the principal building and
the height shall not exceed the height of the principal structure.
F. No accessory building lea Cord or Industrie]Zoning District shall exceed the height odtha principal
G. No accessory building shell be located newer the front lot line the the principal building on that lot=opt
by Administrative Permit es provided fir hrsele:
1. The psaposed accessory building shall be located on a lot of five or moss acres;and
2. The purposed accessory banding shall be screened from the pablic ahem sed neighboring by
nadides veesutioe that provides yap: and screaming and eaceaads tt ofbondinga
tiles the accessory balking is of the mime design and nutted as the principal building and is located
23 feet or leas tram the grimiest building,provided all other required aahsolts aro met
H. Accessory structures bated on lake of arena huniage lots may be located between the public street and the
principal structure as regulated by the shorreland ensnarement ordinance sad Subsection(G)of this section.
L Hoasebome and bundler tied as shelters flan which to fish during open water menthe ate to be considered
aooaarey etructu es in purposes of refs article.All bemebans used within the City lieu for a period of 30
consecutive days or more shall requfse a Administative Permit.Such permit shell dew the owner,owner's
address,host license number,whelbertbe bast is to be teed as a seamed residence,and if sot for whet pitied
of tine daring the year,type of emberyr sewage facility.waiter apply and site phi showing the inched of
seems to the public street.Each houseboat aba11 have one off sfset panting spice within 400 feat of the
docking oft ch bonaaboat.No houseboat shall be need as a pummel residence.
J. toe fishing hooses stored an percale of land during summer menthes aball be considered so accessory storage
building equivalent to a storage or tool shed as defined in Solaced=(A)(1)of this scam Ica Ming hooses
shall meat the size lindtsdess of Subseadon(BX1)of this'anion and all other provtsiaos of this article,
except Subsection(K)of this section.
K. AC awry baildIAg'shill be meonely anchored. Thome over 100 square feet&dl hive a foundation,
concrete Blab or fbotiap. Nonsriedenel ameeatry bundler larger then 100 square feet shall require a
building permit regardless of improvement value.Roof and wind loads shall oonieem to requerzaents es
contained in the building code.
L. All accessory buildings shell meet the minimum required setbacks contained in Section 12-132(A)fbr the
rotting district in which it is to be loomed
M. An Administrative Permit is required for app+ovel and c netioam of a detached domesticated ikon armee]
building on a nuidentlal parcel of at least free acres and up to 20 acres. No detached domesticated firm
animal building diaE be permitted on any lot leas dun five acres.An application for an Admieistxutive Permit
shall include tea iblionngg:
1. A dimanmi m ed site plan or aerial photograph illustrating within 500 feet of the proposed structure:All
.d]ecem property owners"lot linos„banes,septic systems,Swam wdb,'nand buildings and other
structures sad fbad atomic ares:all wet mushy area, dreinagenssys, and sbordineS all proposed
griming meas an the idle;all new utility extensions and driveway saves to the proposed bandies and
all maim storage and dieposai ems.
2. A written soil lenveutcxy and evaluation from the ooeady soil conservation district.
3. Deans of the badhlieg floor plan,elevations,mandate and color of
N. Performance standards for detached spiculturd Wilding, and domesticated iinm animal buildup shall
include the fnllawiryp
CD12.49
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City of Bayport
Accessory Building Requirements
Ser.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
feetning in a storage or tool shed shall exceed six feet in width and a total of_42.square
(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 oragricultural/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.
(O,d. No. 710, §2, 8-5-96; Ord No. 796, ,§ 1, 3-3-08)
703.02. Permitted uses of accessory buildings:
Refierenc
R-1 R-2 Permit e
(1 Storage/tool/garde
) n shed:
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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 — )
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Max.number of 703.01(2
stories i story 1 story )
Up to 12feet or Up to 12feet or
up to 17 feet to up to 17 feet to
match pitch of match pitch of
PfinciPal Prin. it
structure,but strructu e,but
cannot exceed cannot exceed 703.01(2
Max.roofheight principal structure principal structure )
Rural storage
building or
(3 agricultural/faim
) 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 — —
Max.roof height Up b° 12 feet or —
uptol7feet to
match pitch of
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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
61 of 86
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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)
703.08.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 art 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 save 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 save 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.
798, § 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
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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 Qsection] 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, §11, 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.
70317.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.
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XN• L5
Ckt,tilk% tkfth‘ oraictiost.
Seciion .t)l:zoning Ordinance
Subdivision 9.6:Accessory Uses and Other Uses
�m Accessory Uses and Other Uses.
A+ AcceseomyBaiin.Accessory buildings shall comply with the following conditions:
I. Accessory Building witbeut a Principal Ba ilding.No acoeesoty 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=haired through an agreement as approved by the City
Administrator and City Attorney.
2. Size at Accessory Buildings on Residential,Agzit eltural,nerd Conservation Zoned
Fannia.
a. Total Lot Coverage on Lots 10.400 ire lex or Less.All legally buildable lots in
the Agricultural,Residential or Canseavation Zones(with the exceptions of public
buildings iu a conservation zone--public being deigned as twee owned or operated by
Municipal, School District,County,State or other governmental units)less than ten
thousand,four hundred(10.400)square flet in area that have a principal building on
them shell be pwmitted to have accessory buildings that have a total lot coverage not
to exceed seven hundred fifty(750)square feet—provided ail other applicable
provisions of this Ordinance are met
b. Total Lot Cove age on Lots 10.400 Swore Feat or Mose.The total maxinnnm lot
coverage of all accessary buildings on a single parcel is the Agricultural,Resider al
or Conservation zones(with the exceptions of public buildings in a conservation n 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. Tont Mectlrnum Lot Cavy e.The total inaximttm 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 ry building to equal up to one hundred percent(100%)of the lot coverage
area of the pd pat building pursuant Subdivision 8.21:Conditional Use Permit.
3. Separation from Principal Building.Detached accessory buildings shall be at least six
(6)feet from the principal building situated on the same peseeL An accessory building
shall be considered to be an integral part of the psi pal building unless itis six(6)feet
or more from the principal building.
4. Accessory Bates in Front Yards needled.
a. An accessory building shall be set back a udder=of thirty(30)feet from the front
lot lite.
Is. On all lots,accessory buildings other than detached garages may not be located
closer to a front lot line than the principal budding.A detached gunge may be nearer
the front lot line than the principal building but not nearest the minium required
setback front the front lot line for a principal building.Example:If the existing house
is located forty(40)feet from the frau lot line,a detached wage may be located
thirty(30)feet from the front lot Toe to meet the setback requirements of this
Sarbidfh+isio but no other accessory structure may be located closer than forty(40)
feet to match the existing front yard setback of the principal structure.
re
5. Accessory Buildinp Rear Setba:dt.Detached accessory buildings shall not be located
less than eight(8)feet from the rear parcel lines.On through lots,the Zoning
Ache nistrator or other Authorized Agent shall determine the rear pmpaty line.
104 Chapter 11:Planning and Devabupunent
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Chapter 11.01:Zoning Ordinance
Section 9.6:Accessory Uses and Other Uses
6. Accessory Building Sidle 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 die principal structure for
the zoning district in which the lot is located.
7. Accessory DuIldlags Setback on Corner Parcels.Corner lots shall provide the required
front yard setback along each street as stated in Subprvvision 4(a)and(b)above.
8. Accessary B.sfidttig Height.No accessory Wilding stall have more than one(1)level
nor shall it exceed the height of the p incipal 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 Striding Attached a Principal Bulhlings.When an memory building is
structurally attached to a main building,or located within six(6)feet of the maim
building,it shaft be subject to,and mast conform to all regulations ar this Clydiamoe
applicable to priadoal buildings.
18. Appearance.The architectural amino=of accessory buildings shall be visually
compatible with the principal building relative to color,mdeaa4,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 Agricultraal.,Residential and
Conservation Zan%shall be limited in height to eight(8)feet as manned from the
driveway apron at die door opening.
12.. Number et Acaamary Buildings(nil districts).A maximum of two(2)individual
accessory buildings per lot,Including detached garages,shall be allowed in all zoning
districts.The City Conndl may allow more than two(2)accessary buildings pursuant to
the conditional use procedures of this code as stated in Sabdiaidsion 821:Conditional Use
Permit.
13. Amatory Building Use.Accessory buildings in Apieultutral,Residential and
Conservation Zanies shall not be used foe business purposes.
14. Permit Requirements.A zoning permit shall be required for all ec emit ry buildings less
than goo 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 topmast the zoning permit
(building permit).
B. Adak Oriented Uses.
1. Intent.The purpose or this Subdivision is to establish provisions for the opportunity as
well as controls of adult oriented urns within the City of Mshtamedi.
2. Findings.Studies conducted by the Minnesota Attorney General sad cities such as
Miinne polis,Ifinnesouc St.Paul,Minnesota;Indianapolis,Indians;Los Angeles,
California;and Phoenix,Arizona have studied the impacts that adult ariemued uses have
in those commnmitiea.These studies have concluded that adult oriented uses have an
Chapter 11:Planning and Development 105
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t XH.
City of Stillwater
Accessory Building Requirements
• Sac. 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
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(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. !n 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.
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csikler NAg.clegh &y
0302.030 ZONING CODE 11302.030
§1302.030 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS.
Subd. 1.Purpose.The purpose of this Section of the toning 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.Dweliina Unit Restriction.
a) No cellar, basement, garage, tent or accessory building shall at any time be used es 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 1302.126.(Ref.Ord. 10-1-1062, 1/12/10, 18-10-2019,10/11118)
b) Basements may be used as living quarters or roans as a portion of residential dwellings.
c) Earth Sheltered dwelling units shall not be considered ass basement medlar,but shall require a
conditional use permit as regulated by Section 1301.060 of this Code.
d) Tents,play houses or similar structures may be used for play or recreational purposes.
Subd.3. Platted aqd Unblatted Property.
a) Any person desiring to Improve property shall submit to the Building Midst a survey of said
premises and Information on the location and dimensions of existing end proposed buildings,
location of easements crossing the property,encroachments,and any other information which may
be necessary to insure conformance to City Codes.
b) Ali 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) Mot of record existing upon the effective date of this Code(12-19-84)in a reeldendai district which
dose 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.
09-02-1058,2/10/09)
d) Except in the case of planned unit development as provided far in Section 1301.070 of this Dodo,
not more than one(1)prindpal 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. 10.1-1082,1/12110)
■r moilrL Subd.4. Accessory Buildkiorp 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
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§1302.03D 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 en 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 boated in the rear yard. (Ref.Ord. 09-02-
1058,2/10109)
c) An accessary structure shall be considered attached If it Is located less than six(6)feet from the
principal structure. (Ref.Ord.897,7113193)
d) My attached or unattached accessory building which abuts a pubic street right-of-way shall
adhere to the same setback requirement as that of the principal structure except lock boxes as
provided in 1)1303.230, Subd.5b at this Code. (Ref Ord 915, 12/13/94)
e) in all residential zoning districts except the 11-1r end '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 forthe rearyerd and when adjacent to the public right-a-
way. A property owner who constructs a tuck- under garage shell adhere to the same setback
requirements for that of the principal structure. My detached residential accessory structure,
except recreational and water-orlented accessory structures,shell 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 shell be compatible with the principal structure. (Ref.Ord.804,3/14/80;897,7/13193;915,
12113/94;981, 1E00/00)
f) In the'R l I'and"R-16"districts,attached and detached residential garages shall not sat within
fifteen(15)feet of the side tot line except where the high point of the roof of an accessory structure
(either attached or detached)d)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. M attached garage shell also maintain the principal structure's minimum
eetbeck requirement for the rear yard and when adjacent to ■ public right-of-way. A property
owner who construct:t a tick-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.897,7113193)
g) No detached garages or other accessory buildings except attached garages in residential districts
shall be located nearer the front lot line than the princfpd building on that lot except in planned unit
developments or cluster developments.
h) Aocessoryet ucturss located on iske frontage lots or lots with a rear alley maybe located between
the public right-of-way and the principal structure provided that the physical conditions of the lot
require such a location. Following arse the required setbacks to the public right-of-way:(Ref.Ord.
981, 10/10/00)
1) For lake frontage lots,a twenty(20)foot setbeok lo the pubic right- f ayis required Toren
accessory structure(garage or storage shed).(Ref.Ord.773,1110/89;981. 10/10/00)
2) For lots with a rear alley,a twenty(20)foot setback to the pubic right-of-way Is required for
an accessory structure(garage)If the garage door faces the allay. (Ref. Ord.00-10-081,
10/10/00)
1302.030.2
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11302.030 ZONING CODE 11302.030
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,
10/10100)
4) For lots with a rear alley,a fire(5)foot setback to the public right-of-way is required for a
storage shed. (Ref.Ord.00.10-981, 10/10100)
l) Up to two(2)accessory structures are permitted for oath sine ortwo family dweling unit,thefirst
being a primary accessory structure(an attached or detached residential garage)and the second
being a secondary accessory structure subject to the folowirrg conditions: (Ref. Ord. 915,
12113194, 10-1-1062, 1112/10)
1) Primary Access/4v Structures(Ref. Ord. 10-1-1082, 1/12/10)
a) Attached residential aeraae(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 naraaas shall not exceed fifteen(15)feet in height as measured
to the mean of the roofitne,or the height of the principal structure,whichever le mote
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 916,12/13/94,00-10481, 10/10100)
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 leas)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,
12/1 3/94;00-10-981, 10/10/00)
b. Lots containinggarages:attached T'hrtixrgh an administrative variance,pursuant to
Section 1301.060,Subd.8-7 of this Code,a second aaressorystructure no greater
than six hundred twenty-five(825)square feet,but not exceeding ten(10)percent
of the existing rear yard Is allowed,provided that the combined square footage of
second accessory structure and an attached garage for lots having 10,600 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 tots
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 footagas mentioned above.
(Ref. Ord 915, 12/13194;00-10-981, 10110100;986. 11/12102)
1302.030.3
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$1302.030 ZONING CODE $1302.030
c. Lots containing detached garages:Limited to a.second accessory structure of 120
square feet(storage shed)or lass without an administrative variance. Through an
administrative variance,pursuent to Section 1301.060, Subd.8-7 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 le allowed. Either way,the
combined square footage of these accessory structures for lots hiving 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 le more restrictive.(Ref.Ord 915,12113/94;00-10.081,10/10100;18-01-
2007, 1/12118)
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 beck 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. 10-1-1082, 1/12/10)
a. For properties leas 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 raze or greater,no combination of accessory buildings or uses per
single or two-family horns shall cover more than 25%of the available rear yard,or
no more than 33% through an administrative variance, pursuant to Section
1301.050, Subd. 6-7 of this Code. (Ref. Ord. 10-1-1082, 1/12110; 18.01.2008,
1/12/16)
t. A site plan and permit shall be required for all dello, lock boxes and for all
accessory structures used as tool and storage sheds and similar uses. A fee of
thirty ($30.00) dollars shal be required. (Ref. Ord. 00-104981, 10/10/00, 1015,
1113/04, 10-1-1062, 1/12110)
3) All single family dwellings Forgetter 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 hiving en area less then 10,500 square feet
shell have a single car garage. M existing single car garages for single family dwellings
on lots ofthe same shall be retained. Al two family dwellings hereafter erected shall have
at best a single car garage per wilt. A I existing two family dwelings which provide a
single car garage per unit shell retain said garage. (Ref.Ord.No.804,3/14/00)
1) Ali acasesory buildings over 120 square feet In size shall requires concrete foundation or concrete
slab,except for parr hied temporary health care dweiing units per Section 1302.125. In lieu of
concrete foundation or concrete slab as specified above, accessory bultdirgs of one hundred
twenty(120)square feet or lees shell have adequate sncharage 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. 019, 11/11/16)
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
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Ci 302.030 ZONING CODE 61302.030
other than front yards or secondary front yards abutting streets where equipment is fully screened
from view. (Ref.Ord.No.848,07/09/91;996,11112 ; 12-06-1060,06/12/12)
I) No accessory buildings in an apartment, nuriti-fs mliy ortownhome development shall exceed the
height of the principal bulking. (Ref.Ord.915,12/13194, 10-1-1082, 1/12110)
m) Accessory buildings in the commercial and industrial districts shall maintain the building setbacks
required for the pdnclpal building and shall be located to the rear of the principal building,subject
to the building code and fire regulations. (Ref.Ord.915, 12113/94)
n) Houseboats and buildings used as shelters during open water months from which to fish are
considered accessory structures for purposes of this ordinance. All houseboats dry docked
outside of a marina area for a period of thirty(30)days or more shall be considered an accessory
building.No houseboat shall be used as a permanent residence. (Ref.Ord.915, 12/13/94)
o) ice fishing houses stored on parcels of land during summer months shall be considered as an
accessory storage building equivalent to a storage shed. Ice fishing houses shall meet al existing
setback and size limitations of this ordinance. (Ref.Ord.915, 12/13/94)
p) It shall be the responsibility of the property owner to ensure that (Ref.Ord.915, 12/13/94)
1) Every exterior wall, foundation and roof of any accessory building or structure shell be
reasonably watertight,weather tight and rodent proof end shall be kept in a good state of
maintenance and repair. Exterior wails shifts iteinad free from extensive dilapidation
due to cracks,tears or breaks of deteriorated piaster,stucco,brick,wood or othermatedai.
2) All exterior wood surfaces other than decay resistant woods,shall be protected from the
elements and decay by painting or other protective covering or treatment. A protective
surface of an accessory building or structure shell be deemed to be out of repair if more
than twenty-five(25)percent of the exterior surface ares is unpainted or paint blistered the
surface shall be painted. If twenty-five(25)percent or more of the exterior surface of the
pointing of any brick block or stone wall is loose or has fallen out,the surface shaU be
repaired. (Ref.Ord.No.545,8/11/91)
Subd. 5.prainace.
a) No land shall be developed and no use shall be permitted that results in additional water runoff,
causing flooding or erosion on adjacent properties.Such runoff shall be properly channeled into a
storm drain,water course,ponding area.or other public fskity.Al new developments shall provide
for curbs and gutters along public streets.All site plans shall be designed In accordance to the
City's Engineering Design Standards and be reviewed and subject to the approval of the City
Engineer relative to storm water runoff.based on the following fees (Ref.Ord. No. 15-05-2000,
5/12/15):
1) Review of new grading and/or drainage plans for percale ofa half acre in size or greater shall
be subject to an Engineering review fee of two hundred and fifty ($250) dollars.
(Ref.Ord.08-01-1047, 1/8!08)
2) Review of amendments to existing grdingg and/or drainage plans and new gradtnptdaalnage
plan for parcels less than a half acre in size shy be subject to an Engineering review flee of
seventy-five($75)dollars. (Ref.Ord.08-01-1047, 1/8/08)
3) Grading plans far Individual single famtlyparoels shall be exemptfrom Engineering fees.(Ref.
1302.030.5
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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
comer 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 rooting 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.
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(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 acnes 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.
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(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. 24-2$2. -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.
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(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 owners expense
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