Cologne City Zoning Code

GENERAL PROVISIONS

§ 153.001 NAME.

This chapter shall be known as Ordinance No. 150, City of Cologne zoning ordinance, except that herein it shall be referred to as this chapter.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.002 PURPOSE.

It is the purpose of this chapter to:

(A) Protect and promote public health, safety and general welfare.

(B) Protect the natural resources in the city.

(D) Prevent overcrowding of land.

(E) Limit congestion and promote safety in the public rights-of-way.

(F) Prevent the premature demand of public services

(G) Stage development consistent with the efficient provision of public utilities and public services.

(H) Maintain the small town character and quality of living in the community.

(I) Establish compatibility of land uses in the city to protect existing investments and property values.

(J) Promote opportunities for cohesive and compatible business development.

(K) Establish guidelines and regulations to promote housing variety and quality living environments.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.003 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other words not included in this section shall have the meaning defined in the Minnesota State Statutes. Other words not so defined shall the meaning customarily associated with them.

ACCESSORY BUILDING. A subordinate building or structure on the same lot with a principal or main building.

ACCESSORY USE.A use on the same lot with the principal use or building that is incidental, subordinate and customary to the principal use or building.

AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, agricultural product storage, animal and poultry husbandry and accessory uses and buildings.

ALTERATIONS. Any modification, additions, or change in construction or type of occupancy; any enlargement of a building, either horizontally or vertically; or the moving of a structure from one location to another.

ANIMALS, DOMESTIC. Fish, dogs, cats, birds, small reptiles and other similar customary household pets.

ANIMALS, FARM. Cattle hogs, horses, sheep, goats, rabbits, chickens and other animals kept primarily for dairy and meat production or the breeding of such animals.

ANIMALS, WILD and EXOTIC. Animals other than domestic and farm animals customarily found in the wild, such as bears, wolves and tigers.

APARTMENT. A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building designed for occupancy by a single family.

APARTMENT, ACCESSORY. An apartment that is secondary and incidental to a principal use or building.

BASEMENT. A portion of a building located partly underground, having more than 50% of its floor-to-ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered homes shall be construed to satisfy basement requirements.

BOARD. The Board of Appeals and Adjustments of the City of Cologne.

BOATHOUSE. Means a structure designed and used solely for the storage of boats or boating equipment.

BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

BUILDING HEIGHT. The distance between the average ground level at the building line and the highest point of the roof for flat roof, to the deck line of a mansard roof or to the highest height of a gable on a pitched or hipped roof.

BUILDING LINE. That line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.

BUILDING, PRINCIPAL. A building in which is conducted the main or primary use of the lot on which it is located.

CITY COUNCIL. The City Council of the City of Cologne.

CLEARCUTTING. The removal of an entire stand of trees.

CLUSTER HOUSING. The grouping of single-family dwellings within a specified area while maintaining the same overall allowable density in that same area.

COMMISSION. The Planning Commission of the City of Cologne.

COMMISSIONER. Means the commissioner of the Department of Natural Resources.

COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development of the city and including a land use plan, a community facilities plan and a transportation plan which has been prepared and adopted by the City of Cologne.

DAYCARE FACILITY. A state-licensed daycare facility, as defined in M.S. Chapter 462, as it may be amended from time to time, in a single-family residential district or a state-licensed daycare facility serving no more than 16 persons in a multiple-family residential district.

DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

DENSITY. The number of dwelling units residing upon, or to be developed upon, a gross acre of land or other specified unit of measurement.

DISTRICT, ZONING. An area of land for which there are uniform regulations governing the use of buildings and premises.

DWELLING. Any building or portion thereof, which is designed or used exclusively for residential purposes but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins or trailer coaches.

DWELLING, SINGLE-FAMILY ATTACHED. A dwelling unit, which is attached to another dwelling by one or more common walls, designed for occupancy by one family.

DWELLING, SINGLE-FAMILY DETACHED. A dwelling unit, which is not attached to any other dwelling, designed for occupancy by one family.

ESSENTIAL SERVICES. Public and private utilities required by the resident and working population.

FAMILY. An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than five persons not so related, living together as a single housekeeping unit using common cooking and kitchen facilities.

FLOOR AREA. The sum of the gross horizontal area of the floors of a building or dwelling unit, measured form the exterior walls, or from the centerline of party walls separating buildings, excluding basements.

GARAGE, PRIVATE. Any accessory building or an accessory portion of a principal building designed or used solely for the storage of motor vehicles, boats and other personal belongings which are owned or used by the occupants of the building to which it is accessory.

HARDSHIP. Means the same as that term is defined in M.S. Chapter 462, as it may be amended from time to time.

HOME OCCUPATION. A gainful occupation conducted in a residential building which is clearly secondary and incidental to the principal residential use of the building and generates no appreciable increase in traffic in the district. A home occupation shall be carried on only by the dwelling's occupants. Retail sales and storage of stock shall be limited and incidental to the principal home occupation.

INTENSIVE VEGETATION. The complete removal of trees or shrubs in a contiguous clearing patch, strip, row, or block.

KENNEL. Any lot or premises for the sale, boarding or breeding of dogs, cats or other household pets. KENNEL shall mean three or more animals over six months of age.

LOT. A separate parcel, tract or area of land undivided by any public street or approved private road, which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which is occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this chapter for such building use or development.

LOT AREA. The area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the waters of lakes or rivers or by street right-of-way.

LOT, CORNER. A lot which has at least two contiguous sides abutting upon a street.

LOT LINE. The lines bounding a lot as herein described.

LOT OF RECORD. A lot which is part of a subdivision or plat, an auditor’s subdivision or a registered land survey or a parcel of land not so platted, which has been approved by the city or meets the following conditions:

(1) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations pursuant to a home rule charter;

(2) Was the subject of a written agreement to convey entered into prior to such time;

(3) Was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on January 1, 1966;

(4) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;

(5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width;

(6) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.

LOT, THROUGH. A lot where opposite lot lines abut two parallel street and which is not a corner lot.

LOT WIDTH. The width measured along the street frontage or the building setback line.

MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.

MINERAL EXTRACTION. The extraction of sand, gravel, rock or other such material from the land.

MOTOR VEHICLE. A self-propelled vehicle for personal or business use as defined in M.S. § 169.01, as it may amended from time to time.

NONCONFORMING USE. A building or use of land which does not conform to the regulations of the district or zone in which it is situated.

OPEN SPACE. Any unoccupied land space open to the sky.

ORDINARY HIGH WATER LINE (OHWL). A line delineating the highest water level which has been maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to terrestrial.

PERFORMANCE STANDARD. A criterion established to control appearance, noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, waste and other potential impacts generated by or inherent in uses of land or buildings.

PLANNED UNIT DEVELOPMENT. A process to acquire rezoning and/or variances from chapter requirements which includes the preparation of and a commitment to the implementation of an approved plan.

PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Chapter 505, as it may be amended from time to time, and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and M.S. Chapter 505, as they may be amended from time to time.

PRINCIPAL USE or STRUCTURE. The main use to which the premises are devoted and the principal purpose for which the premises exist.

PRIVATE PROPERTY. Any real property within the city which is privately owned and which is not a public property as defined in this section.

PUBLIC HEARING. An official public meeting for which notice has been published in the official newspaper.

PUBLIC PROPERTY. Any street or highway and includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

QUARTER-QUARTER SECTION. A land area in the aliquot system description of the United States Public Land System consisting of 1/16 of a section (one square mile) of land, or approximately 40 acres in area.

RESIDENTIAL FACILITY. A state licensed residential facility, defined by M.S. Chapter 462, as it may be amended from time to time, serving six or fewer persons, in a single-family residential district and no more than 16 persons in a multiple family residential district.

RIGHT-OF-WAY. A street, alley or easement permanently established for the passage of persons and vehicles including the traveled surface of lands adjacent that are formally dedicated to such usage.

SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

SETBACK. The minimum horizontal distance between a lot line and a building line or use.

SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system but only as described and regulated by the city's land use regulations.

SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. An HISTORIC SITE meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

STREET. A public thoroughfare which affords the principal means of access to abutting property.

STREET LINE. The legal line of demarcation between a street and abutting land.

STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.

SUBDIVISION. The separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest, necessitates the creation of street, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations:

(1) Where all the resulting parcels, tracts, lots, or interests will be twenty acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;

(2) Creating cemetery lots; and

(3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.

USE. The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied of maintained and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

USE, PERMITTED. A use that is permitted in the district under which it is listed.

VEHICLE. Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but not be limited to , automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, boats, planes and gliders.

VEHICLE, ABANDONED. Any vehicle as defined in this section, which does not have lawfully affixed or attached thereto an unexpired state registration or license plate or plates, or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.

WATER-ORIENTED. A small, above-ground building or other improvement, except accessory structure stairways, fences, docks, and retaining walls, which, because of the or facility relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following three characteristics:

(1) Predominance of hydric soils;

(2) Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3) Under normal circumstances support a prevalence of such vegetation.

YARD. A required open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line.

YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations of the district in which such lot is located. On a corner lot the front yard shall abut both street rights-of-way.

YARD, REAR. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

YARD, SIDE. A yard extending along the full depth between front lot line and rear lot line to a depth required in the yard regulations of the district in which such lot is located. On a corner lot, the yard area opposite each front yard shall be considered a side yard.

ZONING DISTRICT. See DISTRICT.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.004 RULES OF CONSTRUCTION.

For clarity and consistency in the understanding and application of this chapter the following shall apply:

(A) Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically noted.

(B) Grammatical use of references made in the singular shall include the plural and the plural shall include the singular, unless such use or reference is otherwise specifically stated.

(C) Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present.

(D) The word SHALL is used to mean mandatory; whereas the word MAY is permissive and does not imply obligation.

(E) Whenever in any zoning district a use is neither specifically permitted nor specifically prohibited, the use shall be considered prohibited.

(F) The catchlines of the sections of this chapter are intended as mere catchwords to indicate the content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.005 SCOPE AND INTERPRETATION.

(A) Scope. No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed, altered or moved without a permit approved by the city. No structure or land shall be used for any purpose or altered in any manner which is not in conformity with the provisions of this chapter.

(B) Relationship to comprehensive plan Interpretation and enforcement of the provisions of this chapter are intended to be consistent with the implementation of goals, policies and land use elements of the Cologne comprehensive plan to the extent practical or required by law. The application of or amendments to this chapter which are determined to be inconsistent with the comprehensive plan shall require amendments to the comprehensive plan, this chapter or both.

(C) Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(D) Uses not identified. Uses not specifically identified in this chapter as permitted shall be prohibited. Amendments to this chapter shall be required to allow any use which is not clearly permitted by right.

(E) Deadline for actions. It is the intent of the city to comply with state requirements for timely review and actions requiring formal approval by the city. Information submissions and applications must be determined by the city to be complete before a timeline for action is initiated. In the event the city cannot act upon a request within a 60-day timeframe, the city will notify an applicant in writing that action will be completed within 120 days of the date the application was accepted by the city. In the event that multiple approvals are involved in any action, such as a site plan review requiring a variance or a zoning ordinance amendment requiring a comprehensive plan amendment, each action shall require a separate, independent timeline for action.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.006 LOT PROVISIONS.

(A) Lots of record.

(1) No lot of record shall be reduced in size below the district requirements of this chapter.

(2) A lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are less than those required for the district provided as follows:

(a) Evidence must be presented that the lot in question met minimum requirements for the division of property under ordinance regulations in effect at the time of the division of property.

(b) It fronts on a public street.

(c) Minimum requirements for primary and secondary private sewage systems are met and the minimum setbacks from the water wells can be maintained.

(d) The lot is within 70% of the minimum lot area and lot width required.

(3) If two or more lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter.

(B) One building per lot. No more than one principal building shall be located on a lot unless specifically permitted herein.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.007 NONCONFORMING USES AND STRUCTURES.

Any structure or use existing upon the effective date of the adoption of this chapter which does not conform to the provisions of this chapter may be continued subject to the following conditions:

(A) The nonconforming use is not expanded or enlarged, except in conformity with the provisions of this chapter.

(B) If a nonconforming use is discontinued or a nonconforming structure is abandoned for a period of one year, further use of the structure or property must conform to this chapter.

(D) If a nonconforming use or structure is damaged by any cause to the extent that repair or replacement costs exceed 50% of the market value, the use or structure may not be replaced or repaired except in conformity with this chapter.

(E) Normal maintenance of a nonconforming structure is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.008 HOME OCCUPATIONS.

Home occupations in the city must meet the following criteria:

(A) Home occupations shall be conducted solely by persons residing in the residence.

(B) All business activities and storage shall take place within the structure.

(C) There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in any way alters the residential character of the premises.

(D) No sign, display or device identifying the occupation shall be used without prior approval by the city.

(E) The occupation shall not be visible or audible from any property line.

(F) The occupation may involve limited retail sale or rental of products on the premises, provided all stock in trade is completely enclosed in an approved structure.

(G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than such as is customarily used for domestic or household purposes.

(H) Only on-site off-street parking facilities typically associated with a residence shall be used.

(I) The conduct of an occupation or the use of substances which may be hazardous to or in any way jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.009 SINGLE-FAMILY DWELLING REQUIREMENTS.

All single-family detached dwellings shall be constructed according to the following minimum standards:

(A) All dwellings shall have a minimum width of 24 feet.

(B) All dwellings shall have a permanent frost-free foundation as defined in the State Building Code. Split level, split entry and earth sheltered homes shall be considered to comply with this requirement.

(D) Roofs shall be shingled with asphalt, wood, tiles, sod or other comparable materials as approved by the applicable building code.

(E) Metal siding, with exposed panels exceeding 16 inches in width, shall not be permitted.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.010 TEMPORARY DWELLINGS.

The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the city.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.011 STREET ACCESS REQUIRED.

Every building hereafter erected shall be located on a lot having frontage on a public street, except as specifically permitted herein.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.012 DRIVEWAY AND PARKING LOT IMPROVEMENTS.

All required ingress/egress points, driveways and parking areas shall be paved with bituminous or concrete surfaces, according to minimum city specifications, in all new residential developments and all new or modified commercial and industrial uses.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.013 PUBLIC UTILITIES REQUIRED.

All residential, commercial, industrial, public, institutional or other uses which include plumbing facilities shall be connected to the public sewer and water system.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.014 ABANDONED VEHICLES.

It is unlawful for any person to park, store or leave any abandoned motor vehicle upon any public or private property within the city, or for any property owner or occupant to permit the parking, storing or leaving of any abandoned vehicle upon such private property, unless such vehicle is within an enclosed building or structure.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.015 RELOCATED BUILDINGS OR STRUCTURES.

No existing building or structure may be relocated anywhere in the city without a permit. A permit for the relocation of any building or structure may not be issued without site plan approval by the Planning Commission. The Planning Commission shall not approve a site plan without certifying the following:

(A) The building or structure is compatible in appearance, age and character with existing buildings and structures in the area.

(B) The building or structure can meet all code requirements for new buildings or structures.

(D) The building or structure meets all other requirements of this chapter and any other city ordinances.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.016 ACCESSORY STRUCTURES.

(A) General. No accessory structure may be permitted on any parcel without a principal structure. Accessory structures may not be located within any public easement areas. No accessory structures may be located in the required front yard (the area between the principal structure and the public right-of-way). Corner lots have front yard areas abutting both public rights-of-way.

(B) Site plan review and permit requirements.

(1) An administrative site plan review is required for the construction, erection, or placement of all detached accessory structures not exceeding 200 square feet in area. Any party intending to construct, erect, or place such a structure on any property must present a sketch plan of the property, including location of the principal structure and proposed location of the accessory structure, to the City Clerk. The City Clerk or designee shall promptly verify whether the proposed accessory structure meets the requirements of this chapter, or whether additional review or permitting is required. No site plan may be approved and no structure may be constructed unless in conformity with the requirements of this chapter.

(2) A building permit application and approval is required for all detached accessory structures exceeding 200 square feet in area. A sketch plan, including the location of the principal structure and proposed location of the accessory structure, shall be attached to the application. The Building Official shall review and approve the permit application before construction and shall inspect the construction according to established procedures.

(1) Detached accessory structures shall not exceed an aggregate total of 200 square feet; except, when no attached or detached accessory structure exists on the property, or when only a single car attached or detached accessory structure exists on property within the Downtown Overlay District, the aggregate total of detached accessory structures shall not exceed 1,000 square feet. No detached accessory structure shall exceed 20 feet in height or contain more than one story.

(2) If an attached accessory structure is being removed or converted to living space in order to construct a new accessory structure, a building permit is required. Any conversion of an accessory structure to living space shall include the removal of overhead doors, the replacement of siding to match the principal structure, interior improvements that are compatible with the principal structure, and the realignment of the existing driveway when necessary and appropriate to serve a new accessory structure and when such realignment is necessary aesthetically to be compatible with the conversion of accessory space to living space.

(D) Setback requirements No accessory structure may be located in the required front yard in any zoning district. Accessory structures with permanent foundations must meet the setback requirements of the principal structure. Accessory structures built directly on the ground or without any permanent foundation shall meet the following minimum setback requirements:

Residential Districts	Side yard: 5 feet
	Rear yard: 10 feet
Non-residential Districts	Side/Rear yard: 1/2 the principal structure setback

(E) Design considerations. All detached accessory structures in excess of 150 square feet shall be compatible with the principal structure in appearance, architectural style and building materials. A determination shall be made during the site plan review process whether a new or realigned driveway to the accessory structure is necessary and appropriate.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007; Ord. 150-V, passed 7-18-2016)

§ 153.017 SITE PLAN REVIEW REQUIRED.

For all zoning actions or permit applications, other than single-family residential construction building permits and residential accessory structures not exceeding 150 square feet, a site plan review is required.

(A) Submittal requirements.

(1) Boundary survey of parcel including identification of all monuments.

(2) Scaled location of all buildings, structures, driveways, sidewalks, trails, parking stalls and curbing.

(3) Scaled identification of all setback dimensions from property lines.

(4) Scaled locations of all existing and proposed utilities and easements.

(5) Scaled depictions of floor plans for each story.

(6) Scaled depictions of each building elevation and descriptions of exterior building materials and color schemes.

(7) Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures.

(8) Scaled delineations of any shoreland, floodplain or wetland areas on the site.

(9) Identification of any floodplain or wetland encroachments and detailed mitigation plans.

(10) Detailed landscape plans, illustrating size, types and locations of all materials, a description of site seeding or sodding, a description of the timetable for site landscaping and the identification of any irrigation systems.

(11) Detailed descriptions of any site fencing, including type, location and height.

(12) All plans shall be dated and bear the preparer(s) name(s), including professional registrations or certifications when appropriate or required.

(B) Review requirements.

(1) Applicants shall submit 12 sets of site plans with a required application form to the City Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements. Upon acceptance of the application, site plans will be distributed to the appropriate city entity for review and recommendation, according to § 153.005(E), above (Deadline for Actions.) Application fees and reimbursement of the city's out of pocket expenses shall be in accordance with § 153.093.

(2) Action to approve, modify or deny site plan applications will be based upon consistency of the application with the city's comprehensive plan, zoning ordinance, other policies and official controls and the compatibility of the proposed action with existing area land uses, existing area investments and neighborhood character, capacity of public streets and utilities and future planned land uses.

(C) Exceptions. The city may waive certain submittal requirements for residential variance applications, when it is determined that submittal requirements are not applicable or are not necessary to complete a review of the proposed action. The city may also waive certain submittal requirements for other actions, when site plan information for the subject property has previously been submitted to the city and may be more appropriately supplemented with new information.

(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)

§ 153.018 STRUCTURE SETBACK PROVISIONS.

(A) General.

(1) Principal and accessory structure setback dimensions are measured from property lines to the outer edge of the structure footing or foundation. In the absence of permanent footings or foundations, the setback shall be measured from the outer wall of a building or closest part of a structure to the property line. Unless otherwise specified in this chapter all structures shall meet the setback requirements established for principal structures. No structure with permanent footings or foundations shall be located within any public easement area.

(2) Structure setback requirements and dimensional standards for all zoning districts are illustrated in § 153.043. Special requirements for accessory structures are included in § 153.042. Special requirements for fencing are included in § 153.076. Special requirements for signs are located in § 153.077. Special requirements for structures located within state shoreland areas are included in § 153.046.

(B) Yard areas.

(1) The yard area abutting public right-of-way shall be considered the front yard. Corner lots shall have front yards abutting both public rights-of-way.

(2) On corner lots, both yard areas opposite the public rights-of-way shall be considered side yards.

(3) In any instance where a lot abuts parallel public rights-of-way, the front yard shall be the area abutting the public right-of-way where access is gained. The opposite yard area shall be considered the rear yard.

(1) Roof overhangs, cornices, eaves, awnings, and similar structural or architectural components, provided the encroachment is three feet or less.

(2) Door steps, landings, unenclosed porches, and similar features, provided the encroachment is five feet or less and any porch or landing is no greater than 40 square feet in area.

(3) Cantilevered windows, greenhouses, or other enclosures, provided the encroachment is three feet or less.

(4) Uncovered and unenclosed ground level decks or patios, provided the encroachment is no more than 1/2 the principal structure side yard and rear yard setback and no more than 1/3 the principal structure front yard setback.

(5) Rear yard, uncovered and unenclosed decks, supported by post footings and unenclosed around the post footings or below the deck, provided the encroachment is ten feet or less. On corner lots with two front yards and two side yards, a similar encroachment is allowed on the rear of the principal structure or attached to the wall opposite from the side of the principal structure where driveway access is gained.