The purpose of this chapter is to provide performance standards for the erection, siting and use of accessory buildings, structures and uses that may be allowed within the various zoning districts to ensure compatibility with the principal use and with surrounding properties, as well as to protect the general health, safety and welfare of the community. (Ord. 674, sec. 1, 7-17-2000)

Agricultural buildings on farm properties are exempt from the requirements of this chapter. (Ord. 674, sec. 1, 7-17-2000)

Application for a conditional use permit under this chapter shall be regulated by chapter 4 of this title. 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. (Ord. 674, sec. 1, 7-17-2000)

   B.   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. (Ord. 762, sec. 3, 4-5-2004)

   C.   The accessory building has an evident reuse or function related to a single-family residential environment in urban service areas or farm environment in nonurban service areas of the City. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 2, 5-17-2010)

   D.   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.

   E.   The performance standards and criteria of section 11-4-7 of this title shall be considered and a determination made that the proposed activity is in compliance with such criteria. (Ord. 674, sec. 1, 7-17-2000)

   A.   Number Allowed:

      1.   There shall not be more than one (1) detached accessory building on a lot in addition to one (1) attached or detached garage.

      2.   One (1) play equipment structure, open-sided structure, gazebo enclosed only by screening or clear windows, or greenhouse only with glass, plexi-glass or similar walls and roof having a footprint less than two hundred (200) square feet shall be allowed in addition to the number of accessory buildings allowed by subsection A1 of this section.

      3.   Accessory buildings greater than allowed by this section may be allowed by approval of a conditional use permit.

   B.   Site Plan Approval:

      1.   Zoning Permit Required: Detached accessory buildings not exceeding two hundred (200) square feet in floor area shall be allowed without issuance of a building permit, but shall comply with all other provisions of this title. Such buildings must receive a zoning permit before they are constructed or moved onto property. The Zoning Administrator or designee shall review the site plan and construction drawings to determine compliance with this title and other applicable ordinances, laws, and regulations.

      2.   Building Permit Required: Detached accessory buildings greater than two hundred (200) square feet in floor area shall require a building permit. The building official shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations.

   C.   Setbacks And Encroachment:

      1.   For corner lots within the RS-3, RS-4, and RS-CBD Districts, private garages (attached or detached) that are oriented so that vehicle access is directly straight in off of a public street adjacent to the side lot line shall be set back not less than twenty five feet (25') from the side lot line abutting the public right-of-way.

      2.   Detached accessory buildings with a gross floor area of two hundred (200) square feet or less:

         a.   Such structures shall be set back at least six feet (6') 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 located in the rear yard of the lot, except in the case of a side yard of a corner lot abutting a public street.

         c.   When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least five feet (5') from all adjoining lots.

      3.   Detached accessory buildings exceeding two hundred (200) square feet in gross floor area:

         a.   Such structures shall be set back at least ten feet (10') 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 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.   When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least ten feet (10') from all adjoining lots.

         d.   In the RS-CBD District, detached accessory buildings shall be set back at least five feet (5') from side lot lines.

         e.   A paved driveway meeting the requirements of subsection 11-19-7.I of this title shall be constructed for any detached structures having a structural exterior opening of eight feet (8') wide or greater.

   D.   Attached Garages:

      1.   The area and width of an attached garage shall be measured by interior dimensions.

      2.   Minimum Requirements:

         a.   The minimum floor area of an attached garage shall be four hundred (480) square feet.

         b.   Attached garages shall be a minimum of twenty two feet (22') in width.

         c.   The maximum width of the facade of an attached garage within the RS-4, RST-2, RM-1, and RM-2 Districts shall be thirty six feet (36').

      3.   Allowed Floor Area:

         a.   The area of the attached garage shall comply with the limitations specified in Section 11-18-9.D of this title.

         b.   Storage spaces located directly below attached garages shall not be considered in determining allowable accessory building floor area.

      4.    An attached garage shall comply with all building and setback requirements applicable to the principal building.

   E.   Animal Enclosures:

      1.   Notwithstanding subsection C of this section, 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 ten feet (10') to any property line, and shall not be placed closer than twenty five feet (25') to any dwelling unit other than on the owner's property.

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

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

      4.   No animal enclosure shall exceed two hundred (200) square feet, unless approved through an administrative permit.

   F.   Ice Fishing Houses: Structures used as shelters on ice for fishing as regulated by Minnesota Statutes 97C.355 shall be subject to the following provisions when stored upon a lot:

      1.   One ice fishing house not constructed as a trailer shall be allowed and regulated as an accessory building subject to the setback, square footage and other regulations of this section.

      2.   An ice fishing house that is constructed as a trailer shall be regulated as recreational vehicles in accordance with subsection 11-22-5A2 of this title.

   G.   Compost Structures And Firewood Piles: Compost structures and firewood neatly stacked shall be considered accessory uses, shall be limited to rear yards and shall be set back ten feet (10') from all property lines, but shall not be subject to limitations applicable to the number of allowed accessory structures or individual area and total area allowed for accessory structures by this section.

   H.   Sport Courts: Accessory outdoor recreation surface areas with permanently affixed recreational equipment that may be enclosed by fence, or that may include exterior lighting shall be subject to the following provisions:

      1.   Location: The sport court shall be allowed only within the rear yard, shall not encroach within any drainage or utility easement, and shall comply with the following setbacks:

         a.   Side lot line abutting a public right-of-way: Thirty feet (30').

         b.   Interior side lot line: Ten feet (10').

         c.   Rear lot line: Ten feet (10').

      2.   Fencing:

         a.   Fencing enclosing the sport court shall be integral green, brown or black color mesh fabric or similar material or vinyl coated chainlink with a minimum opacity of seventy five percent (75%).

         b.   The maximum height of the fence shall be six feet (6') unless located within the buildable area of the lot or at least ten feet (10') from the rear lot line where a maximum height of eight feet (8') shall be allowed.

         c.   The fence shall be located within five feet (5') of the sport court surface.

      3.   Exterior Lighting:

         a.   Illumination of the sport court shall comply with the provisions of section 11-16-17 of this title.

         b.   The sport court shall not be illuminated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. or at other times when not in use.

         c.   Light fixtures illuminating the sport court shall be within five feet (5') of the surface.

         d.   Light fixtures shall not be mounted to a height greater than fifteen feet (15') and shall be downcast with a ninety degree (90°) horizontal cutoff.

         e.   All electrical wiring shall be located underground.

   I.   Sewer Connection: There shall be no connection to sanitary sewer or private on-site septic systems from any detached accessory building. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 697, secs. 1, 2, 12-17-2001; Ord. 867, sec. 38, 5-17-2010; Ord. 888, 2-21-2012; Ord. 936, 3-16-2015; Ord. 958, 3-21-2016; Ord. 976, 3-6-2017; Ord. 979, 5-15-2017; Ord. 996, 5-7-2018; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1065, 4-4-2022; Ord. passed 8-4-2025)

   A.   Time Of Construction: No detached accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

   B.   Requirements: Any structure which requires a building permit or which is thirty inches (30") or more in height shall be subject to setback, floor area and other requirements of this title.

   C.   Height: Accessory structures and buildings shall comply with the following height limitations, except as may be allowed by conditional use permit:

      1.   Buildings and Structures Accessory to Detached Single-Family Dwellings:

 

      2.   Structures and buildings accessory to two-family, townhouse, or multiple family uses: Twenty feet (20')

      3.   Structures and buildings accessory to nonresidential uses shall be limited to the height allowed for principal buildings within the respective zoning districts, unless otherwise limited by this title.

      4.   Conditional Use Permit: Application for a conditional use permit to allow a structure or building with a height greater than that allowed under this section may be granted provided that:

         a.   There is a functional need for the additional height while maintaining that the structure is accessory to the principal use consistent with the intent of this title.

         b.   The additional height is necessary to maintain an evident architectural character compatible to the principal building.

         c.   In no case shall the height of an accessory building exceed that of the principal building on the lot on which it is located within the RS-3, RS-4, RST-1, RST-2, RM-1, and RM-2 districts.

   D.   Except for agricultural buildings on farms, as expressly permitted by conditional use permit, the combination of accessory buildings and garages shall not exceed either of the following area limitations per unit or the total gross floor area of the principal structure, whichever is least:

 

   E.   Exterior Building Material: The exterior building materials as allowed by section 11-17-9.C of this title shall be used for all accessory buildings, except as may be allowed by conditional use permit for structures accessory to public and quasi-public uses. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 762, sec. 7, 4-5-2004; Ord.867, sec. 42, 5-17-2010; Ord. 936, 3-16-2015; Ord. 958, 3-21-2016; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. passed 8-4-2025)

   A.   Storage: Except as provided for by this section, all waste and recycling receptacles shall be stored within the principal structure or within an accessory enclosure.

   B.   Enclosures: All waste and recycling receptacles not contained within principal structures shall be enclosed in conformance with the following:

      1.   Exterior Walls: Exterior wall treatment shall be of similar color and materials. Exterior walls shall be minimum of six feet (6') in height or one foot (1') taller than the dumpster being enclosed and include a maintenance free front gate for access.

      2.   Location: The enclosure shall be located in the side or rear yard and be set back a minimum of ten feet (10') from the property line and shall not be located within any drainage and utility easement or required buffer yard.

      3.   Accessibility: The enclosure must be accessible to waste and recycling collection vehicles.

      4.   Screening: The trash/recycling receptacles for multiple-family residential, commercial, industrial and institutional uses shall be fully screened from view of adjacent properties and the public right of way. (Ord. 888, 2-21-2012)

      5.   Approval: The design and construction of the trash enclosure shall be subject to the approval of the zoning administrator.

      6.   Landscaping: Landscaping shall be provided surrounding trash enclosures to screen the structure from view of the public right of way and residential properties; see chapter 21 of this title for detailed requirements.

   C.   Recycling Space: Recycling space shall be provided as required by the Minnesota state building code.

   D.   Maintenance; Security: All enclosures and receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain the waste and all gates and doorways into the enclosure shall be kept closed between garbage pick ups.

   E.   Exceptions:

      1.   For detached single-family dwellings, waste and recycling receptacles not contained within principal structures shall be exempt from conformance with subsection B of this section, but shall comply with the following:

         a.   Receptacles shall be located in side or rear yards, but not the side of a corner lot or rear yard of a double frontage lot abutting a public right of way.

         b.   Receptacles shall be set back a minimum of five feet (5') from all property lines.

      2.   Publicly accessible individual receptacles not larger than sixty (60) gallons located on commercial, industrial, institutional or public properties for convenient disposal of trash items shall be exempt from the enclosure requirements of subsection B of this section.

      3.   In the I-CBD, I-1, and I-2 districts, recycling receptacles do not have to be enclosed in accordance with subsection B of this section, but shall be located in the side yard, except in the case of a corner lot, or rear yard, fully screened from view, shall comply with accessory building setback requirements and shall not contain any putrescible material.

      4.   Temporary Bulk Refuse Receptacles:

         a.   Temporary use of a container sixty (60) gallons in volume or larger shall be allowed for a period of not more than thirty (30) days within a twelve (12) month period unless extended by zoning administrator for properties with open building permits for the duration of construction only.

         b.   Temporary refuse containers shall be located in the front yard upon an improved driveway, setback a minimum of ten (10) feet from the back of curb or edge of pavement without obstructing a public sidewalk or trail, or shall be located within a side or rear yard subject to principal building setbacks. (Ord. 867, sec. 45, 5-17-2010; amd. Ord. 888, 2-21-2012; Ord. 1031, 6-1-2020)

   A.   Personal vehicles, recreational vehicles and equipment and similar merchandise offered for sale in residential zoning districts shall comply with the following:

      1.   The merchandise sold in residential areas shall be the personal property of the occupant.

      2.   Sales of personal merchandise herein addressed shall be limited to no more than two (2) items per calendar year, unless approved by the zoning administrator.

      3.   Merchandise items for sale shall not be parked in any portion of the public right of way, public boulevard, or required front yard except a designated, improved driveway.

      4.   For sale signs on or in such merchandise shall be limited to two (2) square feet.

   B.   Garage or rummage sales conducted in residential zones shall comply with the following:

      1.   Merchandise offered for sale shall be the personal property of the occupant unless approved by the zoning administrator.

      2.   Sales shall be limited to a maximum of four (4) consecutive days and occurring no more than two (2) times within one calendar year per property.

      3.   Signs shall be governed by chapter 23 of this title. (Ord. 674, sec. 1, 7-17-2000)

   A.   The community garden shall be located within an interior side or rear yard.

   B.   The community garden shall comply with the setback requirements for accessory buildings and shall not encroach into any drainage and utility easement.

   C.   Any fence shall comply with the requirements of section 11-21-5 of this title.

   D.   Access to the community garden shall be internal to the lot utilizing driveways and off street parking areas that comply with the requirements of chapter 19 of this title.

   E.   One detached accessory building not to exceed two hundred (200) square feet shall be allowed for storage related to the community garden.