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HomeMy WebLinkAbout2017-10-10 CC Meeting Packet Enclosure , , - . :I* Oak Park Heights Request for Council Action Meeting Date October 10th,2017 Time Required: 10 Minutes Agenda Item Title ACCESSORY ST!.., Tt ES --ORDINANCE AMENDMENTS Agenda Placement Old Busine , /, / )1 /ii, ,,,,, Originating Department/Reque,or: y,c./.. . on,City Administrator 7 00,1 Requester's Signature / Action Requested Discussio.. l'ossible Action / Background/Justification(Please ' d* :te if any previous action has been taken or if other public bodies have advised): Please see the attached memo and documentation from Scott Richards,City Planner Page 43 of 72 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PIanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 3, 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. At their August 10, 2017 meeting, the Planning Commission reviewed the issues and provided direction to Staff on the accessory building regulations. They directed Staff to schedule a public hearing for the September 14, 2017 meeting. At that meeting, they opened the public hearing and made some minor changes to the draft text which are outlined here. EXHIBITS Please find as follows the Exhibit for your consideration on this matter: Exhibit 1: Section 401.15.D. Revised Oak Park Heights Accessory Building Regulations. Exhibit 2: Recommending Resolution of the Planning Commission. Exhibit 3: Ordinance to Amend the Zoning Ordinance. ANALYSIS Discussion Points The focus of this review is 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: The Planning Commission recommended that the maximum height of an accessory structure should not be more than 20 feet. Note that the building height would be to the parapet of a flat roof building and to the midpoint of the roof of a gable or hip roof building. They also recommended that the height not exceed an existing principal structure. 2. Size: There are two Sections, 6 and 9 that regulate size of structures. As to size in Section 6, the Planning Commission asked Staff to discuss with the Julie Hultman, the Building Official, what method would be easier for implementation and enforcement; establishing the maximum size of accessory buildings by a square foot amount or by a percentage of the lot area. For instance, the ordinance could simply say the accessory building size shall not exceed 1,200 square feet. Or it could say it shall not exceed 30 percent of the lot area. Ms. Hultman indicated that establishing a maximum size number such as 1,200 square feet would be the easiest method. Section 9, that provides a limit of 30 percent of the gross floor area of principal buildings. The Planning Commission recommended a maximum size at 1,200 square feet and to eliminate the 30 percent of gross floor area requirement. 3. Fabric Carports and Shelters: The Planning Commission discussed whether fabric carports and shelters, should be allowed. 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 recommendation of the Planning Commission was to allow temporary accessory buildings such as fabric carports and shelters as a special event for a maximum of 50 days in a calendar year. The rational was that people sometimes need temporary storage, especially during construction on the lot. The provision already applies to commercial and industrial districts, mostly for tents or signage. The temporary structure would require a special event permit issued by the City and would be subject to the following conditions recommended by the Planning Commission: a. The structure shall be securely fastened to the ground, subject to the safety requirements specified by the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. 2 c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. 4. Other Issues: a. A definition of temporary structure should also be included in Section 401.02.8. A suggested definition is as follows: Temporary Structure: Any structure that is designed, constructed and intended to be used on a short-term basis. b. Section 401.15.D will need to be amended so that the conditions are consistent with the new requirements: i. The building height of an accessory building shall not exceed twenty-five-R-53 twenty (20) feet. j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than try-five (35-)twenty-five (25) percent of the rear yard. Revised Ordinance: Deleted language is struck, new language is in bold. Section 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. 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 twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings 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 3 or structure on the same lot. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. sr-e. 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. 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 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) one thousand, two hundred (1,200) 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. principal buildings. In those cases where the standards are exceeded, a 4 9. 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. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. 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. c. A nuisance. Types of nuisance characteristics include unsightly building exterior, 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements specified by the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. 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 receptacl area shall be located in the rear or side yard. 5 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 tie (25)twenty (20) feet. 21 j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than -five (35) twenty-five (25) percent of the rear yard. 6 k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activit, is in compliance with such criteria. Section 401.15.C.8 Building Type and Co struction. This section also restricts the types of building materials and constructio types for structures. The section is as follows: 8. Building Type and Construction. a. General Provisions. 25 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architec ral and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the buil•ing, including design, architectural style, quality of exterior build! g materials, and roof type and pitch are complementary with sur ounding properties. 25 2) Maintenance. All buildi gs in the City shall be maintained so as not to adversely impact th- community's public health, safety, and general welfare or vi.late the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 25 3) Metal Building Finish-s. No unfinished steel or unfinished aluminum buildings sha I be permitted in any zoning district. High quality, non-corrosive st-el, aluminum, or other finished metal shall be allowed for walls or roofs. 25 4) Prohibited Materials an• Structures. a. Pole buildings an• Quonset structures. b. Wood or metal •oles as principal structure support where such supports .re not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. 25 5) Accessory Buildings. A accessory buildings to residential dwelling units and non-residenti•I uses shall be constructed with a design and materials consisten with the general character of the principal structure on the lot a specified in Section 401.15.D of this 7 Ordinance except as allowed for temporary accessory structures specified in Section 401.15.D.11. 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. 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. Conclusion/Recommendations The City Council should review the draft regulations and provide direction to Staff on any revisions. A recommending resolution of the Planning Commission and an Ordinance of approval for the City Council is attached. 8 SECTION 401.02.13 DEFINITIONS Add the following definition: Temporary Structure: Any structure that is designed, constructed and intended to be used on a short-term basis. SECTION 401.15.D. ACCESSORY BUILDINGS, USES AND EQUIPMENT Revised language: 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 twenty(20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings 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 may be closer than six (6) feet to other buildings or structures provided the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. 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. 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 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. From City Ordinance 401 (as amended October 2017) 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) 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. 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. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. 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. 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements of the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. From City Ordinance 401 (as amended October 2017) 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. 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. From City Ordinance 401 (as amended October 2017) 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. 21 1The building height of an accessory building shall not exceed twenty(20) feet. 21 j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than twenty-five (25) percent of the rear yard. 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. SECTION 401.15.C.8 BUILDING TYPE AND CONSTRUCTION Section 401.15.C.8 of the Ordinance also restricts the types of building materials and construction types for structures. That section is as follows: 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. From City Ordinance 401 (as amended October 2017) 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 except as allowed for temporary accessory structures specified in Section 401.15.D.11. 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. 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. From City Ordinance 401 (as amended October 2017) A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO THE ACCESSORY BUILDING REGULATIONS AS IT RELATES TO HEIGHT, SIZE AND ALLOWANCES FOR TEMPORARY STRUCTURES WHEREAS,the City Council of the City of Oak Park Heights requested that the Planning Commission consider Ordinance amendments to the accessory building regulations as it relates to height, size and allowances for temporary structures in Section 401.02.B Definitions; 401.15.D Accessory Buildings, Uses and Equipment; and Section 401.15.C.8 Building Type and Construction. The Planning Commission of Oak Park Heights makes the following findings of fact: 1. The City Council, at its May 9, 2017 meeting, determined that the Planning Commission should review the Accessory Buildings,Uses and Equipment sections of the Zoning Ordinance; and 2. At their August 10, 2017 meeting,the Planning Commission reviewed the Zoning Ordinance and the regulations drafted by City Staff and determined that it was necessary to add a definition of temporary structure and to amend the accessory building regulations. The regulations are to be amended to allow additional height, additional overall square foot allowances for accessory buildings, and to allow temporary structures on a limited basis. The Planning Commission provided direction to City Staff and asked that a public hearing to amend the Zoning Ordinance be scheduled for the September 14, 2017 meeting; and 3. The Planning Commission held the public hearing at their September 14, 2017 meeting and recommended amendments to the Zoning Ordinance as found in the revised Section 401.02.B Definitions; 401.15.D Accessory Buildings, Uses and Equipment; and Section 401.15.C.8 Building Type and Construction,the draft sections being on file at City Hall; and 4. The Planning Commission makes the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. Section 401.02.B Definitions of the Zoning Ordinance is amended to add a definition of Temporary Structure. B. Section 401.15.D and C Accessory Buildings, Uses and Equipment of the Zoning Ordinance is amended to allow additional height, additional overall square foot allowances for accessory buildings, and to allow temporary structures on a limited basis. C. Copies of the recommended Zoning Ordinance amendments are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of September 2017. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 2 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2017 AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE AS IT RELATES TO THE ACCESSORY BUILDING REGULATIONS FOR HEIGHT, SIZE AND ALLOWANCES FOR TEMPORARY STRUCTURES IN SECTION 401.02.B DEFINITIONS; 401.15.D ACCESSORY BUILDINGS, USES AND EQUIPMENT; AND SECTION 401.15.C.8 BUILDING TYPE AND CONSTRUCTION THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.13 Definitions, is amended to include the following: Temporary Structures: Any structure that is designed, constructed and intended to be used on a short-term basis. SECTION 2. Section 401.15.D.1-11. Accessory Buildings, Uses and Equipment, is amended to read as follows: 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 twenty (20)feet in height or exceed the height of the principal structure on the lot. Accessory buildings 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 may be closer than six (6) feet to other buildings or structures provided the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. 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. 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 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, two hundred (1,200) 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. 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. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. 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. 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements of the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. SECTION 3. Section 401.15.D.13. Accessory Buildings, Uses and Equipment, is amended to revise Section 401.15.D.13 i and j as follows: 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: i. The building height of an accessory building shall not exceed twenty (20) feet. j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than twenty-five (25) percent of the rear yard. SECTION 4. Section 401.15.C.8. Building Type and Construction, is amended to revise Section 401.15.C.8.a.5) as follows: 8. Building Type and Construction. a. General Provisions. 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 except as allowed for temporary accessory structures specified in Section 401.15.D.11. SECTION 5. The Planning Commission of the City of Oak Park Heights held a public hearing at their September 14, 2017 meeting, took comments from the public, and recommended that the City Council approve amendments to the accessory building regulations as it relates to height, size and allowances for temporary structures in Section 401.02.B Definitions; 401.15.D Accessory Buildings, Uses and Equipment; and Section 401.15.C.8 Building Type and Construction. SECTION 6. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 10th day of October 2017 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator