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HomeMy WebLinkAbout2009-03-24 CC Ordinance Amending 401.15.D (unsigned & unnumbered) 4 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 401.15.D, ACCESSORY BUILDINGS, USES AND EQUIPMENT TO ALLOW CERTAIN PROVISIONS TO BE VARIABLE BY CONDITIONAL USE PERMIT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.15.D, Accessory Buildings, Uses and Equipment of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 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 twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and /or drainage easement unless written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty -five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 11 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) 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 Tess and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 9. Size Limit. Except in the case of single family detached dwellings, accessory buildings shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 10. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity. b. A depreciation of neighborhood values or adjacent property values. 2 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. 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. 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. 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. g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. 3 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. i. The building height of an accessory building shall not exceed twenty -five (25) feet. 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. 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 2. The Planning Commission of the City of Oak Park Heights held a public hearing at their October 9, 2008 meeting, took comments from the public, closed the public hearing, and recommended that the City Council approve an ordinance allowing certain provisions of Section 401.15.D, Accessory Buildings, Uses, and Equipment to be variable by conditional use permit. SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 24 day of March 2009 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 4