Kasson City Zoning Code

SPECIFIC ACCESSORY

USES

§ 154.255 ACCESSORY TO ALL USES.

(A) Accessory parking lot.

(1) On-site accessory parking. Parking lots related to a primary use must be located on the same lot or contiguous to the principal operation

(2) Off-site accessory parking. Parking lots serving a primary use on a different parcel may only be located in the same zoning district as the primary use.

(B) Accessory structure.

(1) Permit and certificate requirements. No accessory structure larger than 200 square feet shall be placed, erected or constructed prior to the issuance of a building permit for the purpose of the activity. No accessory structure shall be placed, constructed or erected on a lot where a permitted principal structure has not been constructed. No accessory structure shall be constructed or erected which does not comply with the State Building Code.

(2) Size and flooring. Accessory structures 200 square feet or more shall require placement on a nonporous flooring such as concrete or bituminous. Accessory structures not requiring nonporous flooring shall be secured by being tied or anchored to the ground.

(3) Attached. An accessory structure, including car ports and breezeways, attached to the principal structure on a lot, shall be made structurally a part thereof, and shall be considered a part thereof and shall comply in all respects with the requirements of this chapter applicable to the principal structure.

(4) Detached.

(a) All detached accessory structures shall be located in the side or rear yards.

(b) Accessory structures shall meet the side yard setback of the principal structure, as required by the district regulations.

(c) Accessory structures for residential uses of one or two units, shall have a rear yard setback of six and one-half feet.

(d) Accessory structures for residential uses of three units or more, or any nonresidential uses, shall meet the rear yard setback of the principal structure, as required by district regulations.

(e) Accessory structures in residential districts shall not exceed one story or 16 feet in height and shall not occupy more than ten percent of the lot area. Buildings in excess of 250 square feet shall not be of pole/post type construction.

(1) Permit required. No satellite dish 36 inches in diameter or more shall be placed on any property in any district within the city without the issuance of a conditional use permit.

(2) Required exhibits. In addition to exhibits required for all conditional use permit applications, the following shall be submitted with a completed application and a fee for processing the application: scaled drawing showing all property lines, existing buildings, above and below ground utilities on the property and the proposed location of the satellite dish.

(D) Solar energy systems, accessory.

(1) Type. In all districts, only building- or roof-mounted systems shall be permitted; ground- mounted systems aside from community solar farms are prohibited as an accessory solar energy system.

(2) Height. Roof-mounted solar energy systems shall not project beyond the peak of the roof and shall not be more than four feet above the roof surface to which they are attached.

(3) Location within lot. Accessory solar energy systems must meet the setback of the structure to which it is attached for the zoning district.

(a) In addition to the building setback, the collector surface and mounting devices for the roof-mounted solar systems that are parallel to the roof surface shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. The collector and racking for roof-mounted systems that have a greater pitch than the roof surface shall be set back from all roof edges by at least two feet.

(b) Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.

(4) Coverage. Roof-mounted solar energy systems must be of a size and placed in such a location so as to allow the dwelling/building to be insured for fire/casualty and liability coverage by any insurance company licensed to do business in the State of Minnesota. Proof of coverage must be provided by the owner showing that the roof-mounted solar energy system is specifically insured and will be required for any permit issued under this section.

(5) Feeder lines. All power exterior electrical or other service lines must be buried below the surface of the ground.

(6) Weight. Rooftop solar projects must not overload the designed weight limit of the roof.

(7) Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented so as not to interfere with the use and enjoyment of other properties. Where necessary, screening may be required to address glare.

(8) Compliance with State Electric Code. All photovoltaic systems shall comply with the Minnesota State Electrical Code.

(9) Compliance with State Plumbing Code. All solar thermal systems shall comply with the Minnesota State Plumbing Code.

(10) Compliance with all applicable federal, state and local wetland laws, rules and regulations.

(11) Application requirements. The following information shall be provided to the Zoning Administrator as part of the site review process:

(a) A site plan of existing conditions showing the following:

1. Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of the adjacent property owners and current use of those properties.

2. Existing buildings and any impervious surface.

(b) Site plan of proposed conditions, showing the following:

1. Location and spacing of solar panels.

2. Planned location of underground or overhead electric lines connecting the solar energy system to the building, substation or other electric load.

3. New electrical equipment other than at the existing building or substation that is the connection point for the solar energy system.

(c) Manufacturer's specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks.

(d) The number of panels to be installed.

(12) KPU interconnect agreement. The owner of a solar energy system that will physically connect to a house or other building's electrical system and/or the electric utility grid must enter into a signed interconnection agreement with Kasson Public Utilities prior to the issuance of a building permit.

(13) Easements. It shall be the responsibility of the property owner to secure/provide any desired solar easement by Kasson Public Utilities to protect solar access for the system (per M.S. § 500.30).

(14) Installation. Solar energy systems shall be installed only by licensed contractors.

(15) Abandonment. If the solar energy system remains non-functional or inoperative for more than 12 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at their expense. Removal includes the entire structure, including collector, mount, and transmission equipment.

(E) Small-scale wind energy generation system. See standards established in § 154.235(C).

(F) Swimming pools, tennis courts and other individual recreational facilities.

(1) Location. All pools, tennis courts and other individual recreational facilities shall meet the setback requirements for accessory structures and recreational appurtenances in the district in which they are located. Furthermore, pool locations must conform with requirements of National Electric Code and may not be within any private or public utility, walkway, drainage or other easements.

(2) Additional standards for pools.

(a) Application. This section shall apply to all privately owned swimming pools constructed in the city and to all private swimming pools constructed in the future as specified herein.

(b) Lot coverage. Pools shall not occupy more than five percent of the lot area.

(c) Design. The pool shall be designed and constructed in a manner so as not to endanger the health and safety of its users and to not unduly interfere with the use and enjoyment of adjacent property.

(d) Drainage. To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or onto approved public drainage ways and shall not drain onto adjacent private land. Pools may not be drained into the city sanitary sewer system.

(e) Other codes. The construction, plumbing and electrical work connected with any pool shall conform to all other applicable codes of the city.

(Ord. 879, passed 10-28-2020; Ord. 6.1-2021, passed 6-23-2021)

§ 154.256 ACCESSORY TO RESIDENTIAL USES.

(A) Accessory dwelling unit (ADU).

(1) ADUs shall be attached to the principal structure; ADUs shall be prohibited in detached accessory structures.

(2) Only one ADU may be created per single-family dwelling.

(3) ADUs must meet principal structure setbacks.

(4) ADUs must meet zoning district height restrictions.

(5) An ADU shall meet minimum building code standards for an efficiency unit.

(6) There shall be no more than two occupants per bedroom.

(7) The owner(s) of the property must continue to occupy at least one of the dwelling units on the property as their primary residence, except for a bona fide temporary absence.

(8) All vehicles owned by owners or tenants must be kept on improved surfaces.

(9) A deed restriction shall be created restricting the independent sale of an ADU and requiring adherence to size limitations and other requirements found in this chapter.

(10) Short-term vacation rental of ADUs shall not be permitted.

(11) Home occupations or home businesses shall not be permitted within the ADU.

(12) ADUs shall not have sewer and water connections independent from the primary residence.

(B) Child care facility. Child care facilities are permitted as an accessory use in any residential district as long as the following standards are met:

(1) Must comply with all state and local standards.

(2) The use of any accessory structure for child care is not allowed.

(3) Off-street parking shall be provided as follows:

(a) Meet the requirements of parking for the dwelling.

(b) One space per non-resident employee.

(4) Signage shall be limited to a two by two, non-illuminated sign.

(1) Purpose.

(a) A home occupation is any occupation for gain or support and can be beneficial to the community in that they provide services to its residents, as well as supplemental income and personal satisfaction to the residents.

(b) A home business is any occupation for gain or support and can be beneficial to the community in that they provide services to its residents, as well as supplemental income and personal satisfaction to the residents. However, a home business may result in activities that may have a negative impact upon the residential character of the community and surrounding neighborhood. It is for this reason that a conditional use permit shall be required for all home businesses, to ensure their compatibility with the neighborhood in which they are located.

(2) Permit required. A conditional use permit shall be required for all home businesses. Criteria in this section shall be in addition to criteria identified in § 154.067.

(3) Standards.

(a) Home occupation. No home occupation shall be allowed which does not meet the following standards:

1. The home occupation shall be conducted entirely within the home by owner resident occupants only.

2. The home occupation shall not require more than 25% of the area of any floor of the dwelling for such purpose, excluding child care facilities.

3. The home occupation shall not require any structural alterations or constructions involving features not customarily found in dwellings.

4. The home occupation shall be consistent with and shall not detract from the residential character of the district in which the home is located.

5. There shall be no outside storage of material or equipment or display of merchandise.

(b) Home business. No home business shall be allowed which does not meet the following standards:

1. The home business shall be conducted entirely on the same parcel as the home by the owner/resident/occupants only.

2. The home business shall not require more than 25% of the area of any floor of the dwelling for such purpose, excluding child care facilities and shall not occupy more than 50% of the floor area of any existing accessory structure.

3. The home business shall not require any structural alterations or construction involving features not customarily found in dwellings or accessory structures.

4. The home business shall be consistent with and shall not detract from the residential character of the district in which the home is located.

5. There shall be no outside storage of material or equipment or display of merchandise.

6. There shall be no more than one unilluminated name plate, advertising the business, measuring not more than one and one-half square feet in area attached on the principal structure near the structure entrance.

(4) Additional conditions for home businesses. In determining whether a particular home business is consistent with the residential character of a district, the city shall consider the following:

(a) Noise, odors, water and air pollution;

(b) Vehicular and pedestrian traffic;

(d) Excessive lights or noise at night; and

(e) Litter.

(D) Outside parking or seasonal storage of recreational travel vehicles.

(1) Such vehicles shall be stored on an improved surface, such as a driveway.

(2) Vehicles stored in a street yard shall be operable and currently licensed.

(3) Vehicles shall not be stored in a side yard.

(4) Vehicles stored in the rear yard shall be screened at 100% opacity to a height of six feet.

(E) Short-term vacation rental.

(1) The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.

(2) Events are not allowed to be hosted by transient guests on the premises. An event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable city ordinances and polices, including the prohibition on renting private residential property out for events.

(3) Dwelling requirements.

(a) The dwelling must be connected to city sewer and water.

(b) Rooms used for sleeping shall have an egress windows and smoke detectors.

(d) Accommodation of guests is not allowed in recreational vehicles, tents, accessory structures, fish houses or similar structures.

(4) Parking.

(a) All guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.

(b) At a minimum, parking shall be provided at the following rate:

1. One space for each one to two bedroom rental.

2. Two spaces for each three bedroom rental.

3. Spaces equal to the number of bedrooms minus one for each four and four plus bedroom rental.

(c) In accessory short-term vacation rentals, additional off-street parking for personal use must be provided at a rate of one parking space per two bedrooms not dedicated to the guest use.

(5) Proximity of assistance. If not staying on the property at the time of guest stay, the property owner or a manager/representative must be located within 30 miles of the property. The property owner shall maintain with the city the name, address, phone number and email for the local contact or managing agent for the property.

(6) Guest records. A guest record must be maintained, including the name, address, phone number and vehicle license plate information for all guests. This record must be provided to the city within 48 hours of a request for the guest record.

(7) Guest disclosures. The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:

(a) The name, phone number and address of the owner, operating lessee or managing agent/representative.

(b) The maximum number of guests allowed at the property.

(d) City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 8:00 a.m. and that this will be enforced by the Kasson Police.

(e) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities.

(f) No events are allowed to be hosted on the premises.

(8) Garbage. All garbage must be kept in rubbish containers that are stored out of view of a public street.

(9) Signage. No signage pertaining to the short term vacation rental is allowed on the property.

(Ord. 879, passed 10-28-2020)

§ 154.257 ACCESSORY TO NONRESIDENTIAL USES.

(A) Gift shop accessory to an otherwise allowed use.

(1) Maximum of ten percent gross floor area of principal use.

(2) Internal entrance (common entrance).

(3) Same hours of operation or more limited hours of operation than principal use.

(B) Open air display area.

(1) Open air display areas may not be located within required setback areas and are limited to the lesser of 150 square feet or a maximum of 25% of the width of a building frontage that contains a customer entrance or exit. There shall be no more than one building frontage with an outdoor display area.

(2) Open air display areas are to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend beyond the building edge.

(3) Open air display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Four feet is the minimum width required to maintain pedestrian access.

(4) Open air display areas shall not exceed a height of five feet, except that vending machines or cabinets for items such as beverages, ice, movies and propane may exceed the height as long as there are no more than three machines per frontage.

(5) Open air display areas shall be maintained in an orderly and attractive manner.

(6) Open air display areas shall be limited to products sold within the principal structure and shall not serve as a storage area for inventory.

(1) Location of temporary outdoor sales shall be included on the site plan.

(2) Individual displays shall be limited to 30 consecutive days; temporary stand for sales may not occur more than 120 cumulative days within the year.

(3) Hours of operation shall be limited to those of the primary use.

(4) Portable toilet facilities shall not be permitted.