(1)    No accessory building or structure shall be permitted on any lot, in any district, prior to the time of construction of the principal building to which it is accessory, except for a building devoted exclusively to agricultural use, and on a parcel of land at least 10 acres in size and zoned A-l or A-2, or 20 acres in size and zoned S-A.

   (2)   The City Council may allow the construction of an accessory building prior to the principal structure being constructed if a building permit is taken out for both structures and an appropriate escrow deposit and agreement is made between the applicant and the City to provide for forfeiture in the event the principal structure is not built within the time specified.

   (3)   All accessory storage buildings 200 square feet in area or less except those used for agricultural purposes, located within the Mississippi River Corridor Critical Area (MRCCA) Overlay or located on lots where the home is setback from the front property line 150 feet or more shall be located in the rear or side yard between the rear or side property line and the rear or side of the main structure no closer than 5 feet to any property line or 20 feet to a side lot line, if adjacent to any public street right-of-way. Accessory storage buildings 200 square feet in area or less within the MRCCA Overlay shall meet the MRCCA setback requirements and may be placed in the side yard. The shed may be placed in the front yard if the main structure is setback from the front property line 150 feet or more. The shed placed in the side yard must meet the underlying zoning requirement for placement in the side if the shed is placed in the front yard the setback is half the distance of the principal structure from the front property line.

   (4)   In case an accessory building is attached to the main building it shall be made structurally a part of the main building and shall comply in all respects to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than 10 feet to the main building, except as otherwise provided in this Subsection.

      a.   The following requirements are for residential districts under 1 acre in size and commercial and industrial zoned districts:

         1.   The exterior materials of the proposed accessory building shall be complementary in color, materials and design (e.g. orientation of siding) with those of the principal dwelling. No accessory building shall be constructed of canvas, plastic, fabric or other similar nonrigid materials, nor shall the use of a metal storage container be permitted as a permanent accessory structure.

         2.   Architectural metal siding can be used as a permitted material provided it is complementary in color to the principal structure. Any exposed screws or fasteners shall match the color of the siding. Roof material shall be asphalt shingles or standing seam metal roof material.

         3.   The accessory building shall include design elements that match the principal structure. This shall include additional accenting through the use of a porch, complementary building trim, window/door trim, dormer, wainscoting, or other elements that are complementary to the principal building.

   (7)   All accessory storage buildings in any zone shall be maintained and kept in a neat and orderly fashion, specifically, structurally sound, no excessive flaking or peeling; if a metal building, no excessive rusting upon or through the walls, floor or roof. Any building which is not so maintained shall be removed by the property owner, or upon due notice the building may be removed by the City at the property owner’s expense.

   (8)   All accessory buildings shall be suitably anchored to the ground.

   (9)   Any accessory building in excess of 200 square feet shall require a building permit issued by the City and shall be constructed to the standards of the Minnesota State Building Code.

   (10)   For the purpose of this Subsection, gazebos, decks, patios, and other unenclosed residential uses of property similar in nature shall be excluded from the definition of the term accessory building.

   (11)   Consideration shall be given to provide for the future expansion and/or replacement of the septic system. Any application for an accessory structure in a non-sewered site shall be accompanied by a certified septic compliance certificate and a site plan showing both the primary and a secondary site suitable for a septic system. The City may deny the requested permit or alter the location to account for future septic system needs or to ensure adequate setbacks from septic systems are provided as required by state law.

   (12)   Accessory buildings are not permitted in Mixed Use or Business Districts.

      a.   Lots where the home is setback from the front property line 150 feet or more, the detached accessory building may be located nearer to the front property line than the principal building provided that the placement of the detached accessory building shall be at minimum half the distance as measured from the front property line to the front of the principal structure.

      b.   No permanent accessory storage building shall be located in any public utility easement or easements of record.

      c.   Where any question arises as to the location or design of accessory buildings, the City Administrator or designee may refer the matter to the City Council for final determination.

      d.   No industrial zoned lots shall have an accessory building located in the front yard.

   Application for a Conditional Use Permit under this Chapter shall be regulated by Subsection 1001.23 of this Code. Such a Conditional Use Permit may be granted provided that:

   (1)   There is a demonstrated need and potential for continued use of the structure for the purpose stated and subject to the following requirements:

      a.   The proposed use shall be in conformance with all City regulations.

      b.   A certificate of survey shall be required that identifies all existing structures on site, including buildings, septic sites and wells. In addition, the survey shall include the proposed structure, flood plain, wetlands, and any recorded easements.

      c.   The City may require compliance with any other conditions, restrictions or limitations deemed reasonably necessary to protect the public health, safety, and welfare, to protect the viewsheds and the natural environment, and to promote harmony with adjacent uses.

   (2)   No accessory building or private garage shall be utilized for all or a portion of a home occupation, for commercial activities or for commercial storage, unless otherwise approved through the Home Occupation Section.

   (3)   No accessory buildings shall be constructed in Business Districts zoned B-1, B-2, B-3; Mixed Use Districts zoned GMU-1, GMU-2, GMU-3, GMU-4, GMU-5.

   (4)   No accessory buildings shall be constructed in Industrial Districts zoned I-1 and I-2 without a CUP.

   (5)   The accessory building has an evident reuse or function related to a single-family residential environment in urban service areas, agriculture environment in nonurban service areas, or industrial use in urban areas of the City.

   (6)   Detached accessory buildings 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.

   (7)   The performance standards and criteria of Subsection 1001.14 of this Code shall be considered and a determination made that the proposed activity is in compliance with such criteria.

   (8)   There is a demonstrated need and potential for an accessory structure taller than the restrictions outlined below in all Residential, Commercial and Industrial zoned districts. The CUP shall be limited for additional height to the underlying zoning district or the height of the principal structure.

   (1)   Conditional use permit. No building permit shall be issued for the construction of detached accessory buildings on an agriculture parcel exceeding the limits stated below and the underlying zoning district’s impervious surface limit except by conditional use permit.

 

 

            a.   Accessory buildings and structures constructed for agricultural purposes in Agricultural Districts (A-1, A-2, S-A) are permitted as impervious coverage allows in Section 1001.05 Subdivisions 9 and 10.

            b.   On parcels of less than 1 acre there shall be no more than 2 detached accessory structures and the total area of all detached accessory buildings shall not exceed the footprint of the principal dwelling.

            c.   The footprint of the principal building includes attached garage area, if any.

            d.   The exterior materials for residential accessory buildings must be comparable to the exterior materials of the principal dwelling on lots below 1 acre in size.

            e.   No new accessory structures are permitted on the non-homestead outlot. Existing structures at the time of creation of the outlot will become legal non-conforming structure.

   (1)   Conditional use permit required. No building permit shall be issued for the construction of detached accessory buildings on a residential parcel exceeding the height or building size, except by conditional use permit as restricted above in Subd. 3.

 

 

 

      a.   All detached accessory buildings in excess of 200 square feet shall be set back at least 10 feet from any other building or structure on the same lot, and shall not be located within a required buffer yard or drainage and/or utility easement.

      b.   Such structures may encroach into the required side or rear yard setbacks when behind the front of the principal structure located in the rear yard of a lot, except in the case of a side yard of a corner lot abutting a public street.

      c.   The structure can be set in the front yard if it meets the exemptions outlined in Subd. 2 Section(16) of this Chapter.

      d.   When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least 10 feet from all adjoining lots.

      a.   Notwithstanding Subdivision 5(6)c. of this Subsection, domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than 10 feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner’s property.

      b.   No encroachment shall be permitted in existing or required buffer yard or drainage and/or utility easements.

      c.   Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the Zoning Administrator.

      d.   No such enclosure shall exceed 200 square feet, unless approved through an administrative permit.