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HomeMy WebLinkAbout09-11-2008 Planning Commission Meeting PacketCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, September 11, 2008 7:00 p.m. City Hall Council Chambers 1. CaIl to Order: 11. Agenda Approval: 111. Approve Minutes ofAugust 14, 2008: (1) IV. Department Commission Liaison Other Reports: V Visitors/Public Comment: This is an opportunity for the public to address the Commission with quesflons or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: A. Continued Xcel Energy Inc. Conditional Use Permit Amendrnent to allow vertical expansion of the A.S. King FIy Ash Disposal site known as the Moelter Fly Ash Site, located S. of Hwy. 36 and W. of Beach Rd. (2) D1.. New Business: A. Special Event Signage (3) VIII. Old Business: A. Accessory Buildings (4) IX. Informational: A. Upcoming Meetings: B. Council Representative: Seoternber —ConnrnissionerLeRoux October Commissioner Powell X. Adjournment. October 9 2008: 7:00 p.m. Regular Planning Commission Meeting (Council Chambers) Call to Order: Chair Liljegren called the meeting to order at 7:00 p.m. Present: Vice -Chair Wasescha; Commissioners LeRoux, Powell and Runk; City Planner Richards and Commission Liaison Abrahamson. Absent: City Administrator Johnson. Agenda Approval: CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, August 14, 2008 ENCLOSURE 1 Vice Chair Wasescha, seconded by Commissioner LeRoux, moved to approve the Agenda with the addition of Accessory Building discussion to New Business. Carried 5 0. Approve Minutes of July 10, 2008: Commissioner Runk, seconded by Commissioner Wasescha, moved to approve the Minutes as presented. Carried 5 0. Department /Commission Liaison Other Reports: None. Visitors/Public Comment: None. Public Hearings: A. Continued to September 11, 2008 Xcel Energy, Inc.: Conditional Use Permit Amendment to allow vertical expansion of the A.S. King Fly Ash Disposal site, known as the Moelter Fly Ash Site, located S. of Hwy. 36 and W. of Beach Rd. City Planner Richards reported the request for hearing continuance and noted that the applicant has sought and received a 120 day extension to the development timeline from City Council. City Council granted an extension of the timeline to December 31, 2008. Richards noted that there would be no action taken on the application at this meeting of the Planning Commission but that the public hearing was still open on and that if there were visitors to the audience wishing to speak on the matter, the Commission should allow them to be heard. Chair Liljegren opened the public hearing for public comment and invited those wishing to address the Commission to do so. Chuck Dougherty of 15330 58 St. N. introduced himself and his wife, Judy to the Commission. Mr. Dougherty noted that he was out of town at the July public hearing and was unable to attend and was grateful for the opportunity to address the Commission regarding Xcel Energy's request. Planning Commission Minutes August 14, 2008 Page 2 of 8 Mr. Dougherty stated that he and his wife have lived at their home and have operated their Bed and Breakfast business at 15330 58 St. since 1993. He discussed the change in operations at the ash site since 1993 to present, including a significant increase of business operation at the site, dust and noise, all of which make it daily living and business operations difficult. Mr. Dougherty stated that Xcel Energy doesn't seem to do what the City has directed them too until they are at a point where they are needing City approval for something and cited examples regarding the sites condition, including poor and dead tree conditions, grass, dust control, work operation hours and Xcel Energy's general lack of follow through. He stated that he doesn't feel that Xcel Energy's request benefits the neighborhood in any way and that he would like to see a condition of any approval added that requires the buffer zone be increased to 400 feet. General Commission discussion ensued as to the previous public hearing comments received, the community meeting held by Xcel Energy with the surrounding neighborhood, and how the Commission was to proceed with the open public hearing. It was noted that approval of Xcel Energy's request is not a given nor is the request their only option. Vice Chair Wasescha expressed the importance of interested parties attending both Planning Commission Public Hearings as well as City Council meetings to the matter. Brian Jones of 15331 58 St. N. and owner of 15357 58 St. N. informed the Commission that he moved into his home in 1991 and that he feels the changes in work at the ash site over the years since then have made it feel like he is living in a disaster area. He noted that he has had enough and wants to be gone from the area regardless of approval to the request. Commissioner Runk, seconded by Commissioner Powell, moved to continue the public hearing to their next meeting and that notices are to be mailed, notifying the community whether or not the public hearing will be on the meeting agenda for activity. Carried 5 0. B. Oakgreen Village: Planned Unit Development Amendment of Lots 1 -3, Block 4, Lots 1-8, Block 5 and Lots 1 -4, Block 6 of Oakgreen Village and Subdivision of platted property to Oakgreen Ponds, located S. of Upper 58 St. and E. of Nova Scotia Ave. City Planner Richards reviewed the August 6, 2008 planning report to the request for an amended planned use development permit to allow modification to earlier approvals, allowing one 3 -unit and two 2 -unit buildings for a total of seven one -story dwellings, all of which would be of the same design as the units approved for the development area by City Council on May 27, 2008. Richards provided an issue analysis, discussed the same and noted reviewed conditions recommended as party of any approval. Chair Liljegren opened the public hearing and invited public comment. There being no visitors to the public hearing, Commissioner Runk, seconded by Vice -Chair Wasescha moved to close the public hearing. Carried 5 0. Planning Commission Minutes August 14, 2008 Page 3 of 8 Commission discussion ensued as to the conditions of the planning report. Todd Erickson of Folz, Freeman and Erickson was present and responded to Commission questions relative a number of the conditions. Vice Chair Wasescha, seconded by Commissioner Powell, moved to recommend City Council approval, subject to the conditions of the August 6, 2008 planning report as amended, specifically: 1. The preliminary /final plat for Oakgreen Ponds is subject to review and approval by the City Engineer and City Attorney. 2. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 3. Sidewalks /trails and timing for the construction are subject to review and approval by the Parks Commission, Cit y City Council and Cit Engineer. The trail and crosswalk at S8th Street and Oakgreen Avenue shall cross 58 Street to the south. 4. The tree preservation and landscape plans are subject to review and approval of the City Arborist. 5. Grading, drainage, erosion control and utility plans are subject to review and approval by the City Engineer. Stormwater plans are also subject to review and approval by the applicable watershed authority. 6. The buildings shall comply with the requirement for a 20 -foot setback from the private street. The site plan shall be revised subject to City Council approval. 7. The site plan does not include light fixtures on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted and the photometric plan must be revised to include them subject to City staff review and approval. 8. The Planning Commission is favorable to the building design with the stipulations that the dormers on the front elevations be increased in size, shake siding be used on the gables of the front and rear elevations and that the gable ends of the rear elevation be provided with a vertical element from the roof eave to the foundation. The City Council should review and approve the final design and materials for the townhome structures. 9. The Fire Marshall and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 10. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval. Planning commission Minutes August 14, 2008 Page 4 of 8 11. The applicant shall provide all association duties and maintenance until the completion of Phase 1. The homeowner's association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. 12. The applicant shall be required to disclose the entire development plans to include the Carriage House Cooperative for all Phase 1 buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 13. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. Carried 5 0. C. Oakgreen Village: Planned Unit Development: Carriage House Cooperative Concept Plan to allow construction of a senior housing cooperative located W. of Oakgreen Ave. and E. of Nova Scotia Ave. City Planner Richards reviewed the August 7, 2008 planning report to the request for a planned unit development: concept plan approval, allowing two senior cooperative rental housing buildings to be constructed in two phased and to be known as Carriage House Cooperative. Richards reviewed the history of the site and development and noted that the applicant has secured purchase agreements to the homes along Oakgreen Avenue and that those areas with purchase agreements in place have consented to the application for the project requested. Richards provided an issue analysis, discussed the same and noted reviewed conditions recommended as party of any approval. Chair Liljegren opened the public hearing and invited public comment. Todd Erickson of Folz, Freeman and Erickson addressed the Commission and noted that the sidewalk is planned for location upon the property of the development. Mr. Erickson, along with the applicant, Tim Nolde, discussed the plans for pedestrian pathways, right -of -way and setbacks, vehicle traffic and roadway outlets, parking spaces, density of the site in relation to the overall development and the overall layout for the site as being proposed. Mr. Nolde noted that the site is designed spatially to make it financially feasible to meet the requirements to the development including increased green space at Oakgreen Avenue and marketability to those looking for quality housing at an attainable market price. He noted that they have been working with the people at Boutwell's Landing in working out their design and amenities, and they have partnered with Lou Stucco to assist them with the cooperative ownership of the development. Planning Commission Minutes August 14, 2008 Page 5 of 8 Lou Stocco of Advantage Consulting introduced himself to the Commission and provided a brief history of their work and experience. Mr. Stocco discussed amenities that are essential to cooperative living communities such as community space and control of the space as exercised by the Board composed of cooperative owners. He discussed the nature of cooperative ownership and its community management in comparison to that of a condominium development, noting that the basic difference is that there are no common areas outside the cooperative ownership and that all areas and responsibility for maintenance of them are shared equally. Commission discussion ensued as to the applicant changing plans for the overall development site, density of the cooperative buildings on its site in relation to the overall development site, how the project blends with everything else within the overall development, green space, setbacks, parking spaces numbers and configurations for them. Chair Liljegren inquired as to other visitors to the public hearing and invited them to speak. Doug Johnson of 5843 Oakgreen Place introduced himself as a new resident to Oak Park Heights and noted that as a former Lake Elmo Planning Commissioner and City Councilmember, he appreciated the work the Planning Commission was doing. He expressed his disappointment as to how the public hearing was being handled, with there being no handouts to the audience to follow or visual display directed toward them so that they could follow what was being proposed. City Planner Richards apologized for the technical difficulty with the visual display normally used and Vice Chair Wasescha noted that there was a public viewing packet at the Council bench for audience use. Mr. Johnson expressed his concern as to construction traffic and where the construction entrance would be located, as to the mature trees along Oakgreen Avenue currently in place, what the landscaping plan of the proposed project will be and how long he would be subjected to construction activity. Vice Chair Wasescha indicated that based upon the information provided, the proposed construction would occur from the Nova Scotia Avenue and that there shouldn't be any access from Oakgreen Avenue. As to length of construction, based upon the length of other projects, Wasescha speculated that it could be at least one year. City Planner Richards noted that the hearing being held was for a concept plan approval and that there would be another public hearing at the general plan approval stage, where more of the specifics to the project would be made clear and addressed. The Commission and City Planner Richards once again extended an apology to Mr. Johnson for the lack of visual communication through the course of the meeting. Commissioner Runk, seconded by Chair Liljegren, moved to close the public hearing. Carried 5 o. Commission discussion ensued as to the conditions of the planning report. Planning Commission Minutes August 14, 2008 Page 6 of 8 Commissioner Runk, seconded by Commissioner Powell, moved to recommend City Council approval, subject to the conditions of the August 7, 2008 planning report as amended, specifically: 1. R -3 District standards for density and building heights are complied with for this project. 2. The plat shall dedicate right -of -way for Oakgreen Avenue and shall be approved by the City Engineer and City Attorney. 3. The City Council should discuss the need for and the timing of improvements to Oakgreen Avenue as part of the discussions of the concept plan. 4. The Fire Marshall and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 5. The Planning Commission and Park Commission should comment on the proposed private and public trail system. The general plan submittals shall address the location of trails and their maintenance. 6. All p erimeter units must maintain a 30 -foot setback to 58 Street and a 20 -foot setback to Oakgreen Avenue. 7. Detailed tree inventory, tree preservation and landscape plans shall be provided for general plan of development. 8. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 9. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 10. The Planning Commission was favorable to the architectural appearance of the proposed structures. The City Council shall comment as part of the Concept Plan review. 11. The City Engineer shall comment on the vehicle count and traffic information. 12. An alternative parking design shall be provided for the front entrance of the Phase 1 Carriage House building. 13. The City Council shall comment on building placement of the Carriage House Cooperative buildings. Old Business: None. Informational: A. Sign Ordinance Update: Planning Commission Minutes August 14, 2008 Page 7 of 8 14. The applicant shall provided a revised design plan of the lower level parking area to meet all drive aisle and disability parking requirements. Carried 5 0. New Business: A. Accessory Building Study /Possible Ordinance Amendment City Richards informed the Commission that the matter of accessory buildings had been discussed by the City Council as part of an initial discussion regarding having the City Planner conduct an accessory building study for possible ordinance amendment. The discussion was a result of communication expressing concern that residents with difficulties in meeting setbacks or other accessory building criteria may not be seeking improvements to those buildings due to the process and expense involved. Richards noted that the possibility of creating a lower fee for a residential conditional use permit, similar to that in place of the variance fee schedule, was discussed as well as the flexibility created by using a conditional use permit process for working with difficult lots making reasonable accessory building improvements a viable option to homeowners. Council asked that the Planning Commission discuss the matter and provide them with feedback. Discussion ensued as to examples of such accessory building scenarios, that a residential conditional use permit fee structure would not remove the process of public hearing and comment but would make it more flexible for reasonable requests as well as more affordable for homeowner's. At the end of discussion, Commission consensus was to have Council Liaison Abrahamson convey that the Planning Commission would prefer to look at the fee schedule amendment for a residential conditional use permit versus a planning study into accessory buildings. City Planner Richard advised the Commission that the City Council wished them to review the special event permit section of Zoning Ordinance 401 and consider amendment to the same creating greater flexibility to its requirements. Richards noted that the City has been proactive in enforcing the ordinance resulting in increased compliance as well as areas of issue that could be improved upon in the language and allowances. This matter will be on the September agenda for review and discussion. B. Upcoming Meetings: C. Council Representative: August Commissioner Runk September Commissioner LeRoux Adjournment: September 11, 2008 7:00 p.m. Regular Planning Commission Meeting (Council Chambers) Commissioner Powell, seconded by Commissioner Runk, moved to adjourn the meeting at 9:00 p.m. Carried 5 0. Respectfully submitted, Julie A. Hultman Planning Code Enforcement Officer Approved by the Planning Commission: Nanning Commission Minutes August 14, 2008 Page 8 of 8 City of Oak Park Heights 14168 Oak Park Blvd. N Box 2007 Oak Park Heights. MN 55082 Phone (651) 439 -4439 Fax (651) 439 -0574 September 2, 2008 Dear City Resident: RE: Xcel Energy Hy-Ash Site Expansion Application On August 1, 2008, Xcel Energy requested that the City Council extend the review timeline for consideration of its application to expand/extend the fly -ash site. Xcel Energy sought additional time to evaluate, develop and implement responses to the issues raised at the 7/31/08 public meeting as held at Cover Park. On August 12th, the City Council granted the extension to Xcel Energy through the Dec 31st, 2008. This means that the City has unfil Dec 31, 2008 to render any decisions. (In Minnesota, pursuant to MN Stat. 15.99, cities must issue decisions and comply with specific timelines on land --use applications or they are deemed approved by default) In the interim, the City will await additional information from Xcel Energy as to what efforts it does plan on undertaking to mitigate the concerns raised at the community meeting. In addition, the City will continue to review the options related to sanitary sewer relocation that is impacted by the project. At this time Xcel Energy has not been granted any new permissions. The City will notify residents as to when continued hearings may be pending before the Planning Commission and/or City Council. Regards, Eric Johnson City Administrator ENCLOSURE 2 ENCLOSURE 3 MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 plan ners(?nacpla nning. corn TO: Eric Johnson FROM: Scott Richards DATE: September 4, 2008 RE: Oak Park Heights Special Event Signage FILE NO: 798.04 08.02 This summer, the City Council asked staff and the Planning Commission to review Section 401.15.G.8, Special Events of the sign section of the Zoning Ordinance. The issue of limitations on permitting special events and temporary signage had come up as an issue, especially as it relates to the number of allowable special events and the duration of each. A copy of the Zoning Ordinance definitions related to special events and temporary promotional or sales event, as well as the special events section is attached. Review of this section raises the following discussion points: 1. Should the number of special e vents or their duration be revised in the Zoning Ordinance? The current requirements are as follows: 401.15.G.8. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed three (3) special events per calendar year. Each special event shall not exceed ten (10) days and shall not be extended for a total of three (3) consecutive time periods for each business. Once the time period has expired for the special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. Staff suggests that the number of events could be increased to five with a 30 day total per year, or just specify a 30 day total per year and allow the business owner determine how many events under that maximum. Staff has suggested that the Zoning Ordinance could be revised to separate special events from temporary signs and provide separate regulations for each. A business or organization would be allowed a certain number of each. 3 The City does not currently charge a sign permit fee for special events. City staff has been spending a considerable amount of time in enforcement of this type of signage. A small fee could be charged per event or per day of event. The Planning Commission should discuss these issues at their meeting on September 11, 2008. If you have any questions prior to the meeting, please do not hesitate to call. 2 SECTION 2 DEFINITIONS (Sign Related): 52. Special Events: A temporary indoor or outdoor promotional or sales event. 54. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 55. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 3 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed three (3) special events per calendar year. Each special event shall not exceed ten (10) days and shall not be extended for a total of three (3) consecutive time periods for each business. Once the time period has expired for the special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. c. Permitted Signs and Displays. The signs and displays described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. 2 c) Helium balloons shall be refilled daily. Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee's property and shall comply with the City's setback requirements for accessory buildings. 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shalt be smaller than any United States flag on the property, and shalt not be flown at a height greater than any United States flag allowed on the property. 4 4 Banners. a) Banners may be attached to poles, tents, and buildings, provided that are welt secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square feet or higher than the wall of the principal building on the lot. 5) Search lights. a) Search lights as regulated in Section 401.15.B.7.g.1) of this Ordinance. d Prohibited Signs and Displays for special Events. The signs or displays described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any sign or display in the public right -of -way. 7) Air inflatable devices. e. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. only after the City issues the sign permit, may a business display the special event signs and decorations. 5 f Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 6 MEMORANDUM ENCLOSURE 4 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners©n acplanning. cony TO: Eric Johnson FROM: Scott Richards DATE: September 3, 2008 RE: Oak Park Heights Accessory Buildings FILE NO: 798.04 08.01 The city Council, at their August 26, 2008 meeting, discussed the fee schedule for development requests as it relates to conditional use permit requests for single family residential. They passed a resolution setting the conditional use permit fee for single family residential at $150.00 with no escrow to be consistent with an existing fee for single family residential variances. At that meeting, the City Council requested our office review Section 401.15.D, Accessory Buildings, Uses and Equipment, to determine if the appropriate provisions can be waived by conditional use permit. There are a few provisions, specifically those related to accessory building location, setbacks, height, lot coverage, or number of accessory buildings on a lot that currently can only be varied by variance, not conditional use permit. Please find attached suggested revisions to the ordinance that would make almost every provision variable by conditional use permit. It is suggested that the Planning Commission review this draft at their meeting on September 11, 2008 prior to City Council review. If the City Council is favorable, the Planning Commission could schedule a public hearing on the ordinance changes at their October 9, 2008 meeting. 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. 3 Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot and shall not be located within a utility and /or drainage easement. 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 hei.ht re•uirements under this •rovision ma be varied b a 11 5. 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. royal of a conditional use ermit as rovided for in Section 401.03 1/ and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty five (25) percent of the area of the rear yard except by approval of a conditional use ermit accordin to the rovisions of Section 401.03 and Section 401.15.0.13 of this Ordinance. 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. 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. 2 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 401.15.0.13 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. 1 1 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. ACompatible@ means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity. b. A depreciation of neighborhood values or adjacent property values c. A nuisance. Types of nuisance characteristics include unsightly building exterior. 12. Trash Receptacles. Alt 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 shalt 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. 3 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 I n 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. e. 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. 4