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East Bethel City Zoning Code

SECTION 14

- DETACHED ACCESSORY STRUCTURES

These standards have been established to preserve the character of the principal structure, promote building compatibility, and provide for minimal adverse impacts to surrounding property through the implementation of height, size, location, and architectural regulations.


1.- Permit regulations.

All accessory buildings and/or structures over 200 square feet in size require a building permit prior to construction, unless specifically exempt under this ordinance. Accessory structures 200 square feet or less shall not require a building permit unless otherwise required by any other ordinance or state requirement. Accessory structures 200 square feet or less shall comply with all provisions of this section and zoning district regulations.

(Ord. No. 46, Second Series, 9-25-2013; Ord. No. 2020-03, 3-9-2020)

2. - General regulations.

A.

No accessory building or structure shall be constructed on any lot prior to construction of the principal structure without prior approval of the city council.

B.

Accessory structures located on lots that are subsequently subdivided shall be considered legal non-conforming structures.

C.

Every exterior wall, foundation, and roof of accessory structure(s) shall be reasonably watertight, weather tight, and rodent proof, and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears, or breaks of deteriorated plaster, stucco, brick, wood, or other material.

D.

All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and from decay by painting or other protective covering or treatment. A protective surface of an accessory structure(s) shall be deemed to be out of compliance if more than 25 percent of the exterior surface area is unpainted or paint is blistered or flaking. If 25 percent or more of the exterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out, the surface shall be repaired.

E.

[Reserved.]

F.

No accessory building or detached private garage shall be located nearer the front lot line than the principal building except when the lot is three acres or greater and the existing principal building is located a minimum of 200 feet from the front lot line. Then the accessory building or detached private garage may be located closer to the front lot line than the principal dwelling, but not closer than 50 percent of the principal dwelling's setback. In the case of a corner lot, the front lot line shall be located on the side on which the principal building is addressed. The remaining lot side with street frontage shall meet the minimum front yard setback.

G.

The area of a lean-to shall be included in the allowable square footage of detached accessory structures and will be subject to the square footage restrictions for a lot.

H.

Accessory structures on lakeshore lots may be placed between the principal building and the lakeshore or the right-of-way, and are subject to all setbacks and lot coverage.

I.

[Reserved.]

J.

The structure must not be designed or used for human habitation.

K.

No cellar, garage, tent, or accessory building shall be at any time be used as a residentially occupied space, independent residence or dwelling unit, either temporarily or permanently.

L.

For purposes of accessing storage, accessory structures may have exterior stairs to a second story in a side or rear yard.

M.

Engineered drawings are required for the permitting of all pole building over 2,000 square feet.

N.

Storage containers shall be placed on a foundation (minimum of a one inch in depth gravel base) to allow for surface drainage and prevent rust or deterioration of container floor.

(Ord. No. 46, Second Series, 9-25-2013; Ord. No. 48, Second Series, 2-5-2014; Ord. No. 48, Third Series, 6-4-2014; Ord. No. 2020-03, 3-9-2020; Ord. No. 2021-06, 10-11-2021; Ord. No. 2023-18, § 2, 9-25-23)

3. - Architectural and design requirements.

Detached accessory structures over 200 square feet shall comply with the following:

A.

Shall incorporate a finished design and color scheme that is coordinated and compatible with the color and design of the principal structure;

B.

Shall include a minimum 12 inch overhang and corner trim elements;

C.

Shall include two architectural features on sides directly adjacent to and visible from a public right-of-way; such as windows, doors, material/color variations, soffits, gables, dormers, and decorative lighting.

D.

Storage containers shall be exempt from architectural feature requirements.

(Ord. No. 48, Third Series, 6-4-2014; Ord. No. 2021-06, 10-11-2021; Ord. No. 2023-18, § 3, 9-25-23)

4. - Size and number of accessory structures.

A.

Size of accessory structure:

1)

All accessory structures greater than 200 square feet must comply with the following regulations (one shed of 200 sq. ft. or less is allowed on all properties and is not included in the calculation for accessory structures).

Parcel Size Maximum Square Feet
(square footage is inclusive
for all allowable structures)
Maximum No.
of Detached
Accessory Structures
Maximum Sidewall Height
Maximum Sidewall Height A, RR, R-1, R-2 & CL Districts *
Less than ½ acres 580 square feet 1 14 feet
½ acres 960 square feet 1 14 feet
¾ acres 1,100 square feet 1 14 feet
1 acres 1,240 square feet 1 14 feet
1¼ acres 1,380 square feet 1 14 feet
1½ acre 1,520 square feet 1 14 feet
1¾ acres 1,660 square feet 1 14 feet
2 acres 1,800 square feet 2 14 feet
2¼ acres 1,950 square feet 2 14 feet
2½ acres 2,100 square feet 2 14 feet
2¾ acres 2,250 square feet 2 14 feet
3 acres 2,400 square feet 2 14 feet
3¼ acres 2,475 square feet 2 14 feet
3½ acres 2,550 square feet 2 14 feet
3¾ acres 2,625 square feet 2 14 feet
4 acres 2,700 square feet 2 14 feet
4¼ acres 2,775 square feet 2 14 feet
4½ acres 2,850 square feet 2 14 feet
4¾ acres 2,925 square feet 2 14 feet
5.0 or more acres 3,000 sq. ft., plus an additional 240 sq. ft., or increment thereof, for each additional acre 4 14 feet
Viking Preserve 200 1 8 feet

 

* If utilizing the 14 foot sidewall height, refer to Chapter 6: Wall bracing of the International Building Code, as your project may require engineered drawings for building permits to be issued.

a)

Roof pitch shall be no less than the minimum required by the International Building Code and shall not be the focal point of the property.

b)

Accessory structures shall be of similar design and building materials as the principal building. Pole buildings shall match the design of the principal structure as practical as possible.

c)

Accessory structures less than 200 square feet in all districts shall be limited to a sidewall height no greater than eight feet.

2)

Storage containers shall not be calculated as allowable accessory structure square footage or number.

3)

One storage container, up to 320 square feet, is allowed on properties of one acre to four acres. An additional 80 square feet is allowed for each acre thereafter.

B.

Fire escapes, landing places, open terraces, outside stairways, cornices, canopies, eaves, window protrusions, and other similar architectural features that extend no more than two feet into the required front, side, and rear yard setback are exempt from the detached accessory structure square footage calculation.

(Ord. No. 46, Second Series, 9-25-2013; Ord. No. 48, Second Series, 2-5-2014; Ord. No. 48, Third Series, 6-4-2014; Ord. No. 2020-03, 3-9-2020; Ord. No. 2021-06, 10-11-2021; Ord. No. 2023-18, § 4, 9-25-23)

5. - Exemptions.

Properties within the A zoning district are exempt from architectural and design requirements provided the building is used exclusively for agricultural use and is constructed in accordance with all other zoning ordinance regulations.

Structures of a mobile and temporary or recreational nature provided that:

A.

Do not adversely affect surrounding properties;

B.

Are removed or placed more appropriately on the property at the request of the city.

(Ord. No. 19, Second Series, 5-5-2010; Ord. No. 2023-10, 5-8-2023)