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North Branch City Zoning Code

ARTICLE VIII

YARD, AREA AND BUILDING SIZE

Sec 66-896 Purpose

The purpose of this article is to outline yard, area and building size requirements to be provided for all zoning districts.

(Code 1996, § 17.42.010)

Sec 66-897 General Requirements

  1. Requirements. The following shall not be considered as encroachments into the yard setback requirements:
    1. Architectural projections extending not more than three feet into the front, side or rear yards;
    2. In any yards, recreational and laundry drying equipment, trellises and air conditioning or heating equipment shall have a setback of two feet from any lot line;
    3. Fences and screening devices in accordance with Article X of Chapter 66.
  2. Through lots. On a lot fronting on two parallel streets, both street lines shall be front lot lines for applying the yard regulations of this chapter.
  3. Height exceptions. The building height limits established shall not apply to belfries, cupolas, domes, spires, monuments, airway beacons, radio towers, flag poles, chimneys or flues; nor to elevators, watertanks, poles, towers and other structures for essential services; nor to similar structures extending above the roof of any building and not occupying more than 25 percent of the area of such roof.
  4. Lot area exceptions. A lot of record existing upon the effective date of the ordinance from which this article is derived which does not meet the minimum area or lot width requirements of its zoning district may be utilized provided that the measurements of such area or width are within 60 percent of the requirements of the zoning district. A lot of record in a residential district which is not within 60 percent of the area and width requirements of its zoning district may be utilized as a single-family detached dwelling.

(Code 1996, § 17.42.020)

HISTORY
Amended by Ord. 275-18 on 3/27/2018

Sec 66-898 Accessory Buildings, Uses, And Equipment

  1. General statements.
    1. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway.
    2. An accessory building must be located at least ten feet from any other buildings on the same lot, including other accessory buildings.
    3. An accessory building may not be constructed unless a principal building is located on the same property with the following exceptions:
      1. An accessory building may be constructed as long as a building permit has been issued for both the accessory building and the principal building, and construction has started on the principal building.
      2. An accessory building may be constructed if the principal building is to be constructed within 12 months of starting construction on the accessory building. The city shall require a bond or cash in the amount of $5,000.00, and a written agreement before a permit is issued for the accessory building to insure the principal building is constructed. The bond or cash in the amount of $5,000.00 will be held by the city until a certificate of occupancy is issued.
  2. Location. No accessory building shall be located in the front yard, with the following exception(s):
    1. on lots nominally five acres or larger and zoned RR or AG, or
    2. on lots 40 acres or larger and zoned R1, or
    3. on additions to existing accessory structures on lots less than five acres and zoned RR, and where the front of the addition is not located in front of the home with the greatest setback on immediately adjacent lot(s).
  3. Placement. Owners and contractors shall not place detached garages and accessory buildings in a wetland, in a stormwater pond or in drainage, utility or other easements. The owner shall verify the location of existing well(s) and provide evidence of a suitable location for a secondary on-site sewage treatment system when placing a detached garage or accessory building on a property.
  4. Setbacks. All accessory buildings shall meet the following minimum setbacks.

    Zoning DistrictFront YardRear YardSide YardCorner YardSidewall Heights > 14'
    R1, R2, R3, R430663010
    RR, AG1, AG24010104010
    Commercial1515151515
    Industrial2020202020
  5. Stick built. All accessory buildings on lots smaller than one acres must be stick built. Pole barns are not allowed on properties less than one acre in size.
  6. Outdoor appliances. Outdoor solid fuel burning appliances cannot be located on property smaller than two acres.
  7. Size.
    1. An accessory building 200 square feet or less does not require a building permit but does count as an accessory building in determining the quantity of accessory buildings allowed on the lot. Accessory buildings 200 square feet or less does count in the calculations in determining the aggregate square footage allowed on a lot. In accessory buildings greater than 200 square feet, a building permit is required and shall meet the following regulations:  

      Lot Size net buildable area sizeMaximum Individual Building Size (square feet)Aggregate Square Footage of All Accessory BuildingsQuantity of Detached Accessory BuildingsMaximum Height of Side Walls (feet)
      Less than one-half acre buildable750950 square feet1 upto 750 sq ft 1 </ 200 sq ft10
      One-half acre but less than three-quarter acre buildable1,2001,400 square feet216
      Three-quarter acre but less than one acre buildable1,5001,700 square feet 216
      One acre or more but less than five acres buildable2,5002,500 square feet plus 250 square feet per acre216
      Five acres or more but less than ten acres buildable3,7503,750 square feet plus 250 square feet per acre416
      Over ten acres buildable4,5004,500 square feet plus 250 square feet per acre518
    2. The height of sidewalls shall be measured from the top of the interior floor to the point where the wall attaches to the roof structure.
  8. Detached garages and accessory buildings shall not include living space nor shall be used as a dwelling unit.
  9. Expect where specifically permitted in the ordinance, no person may occupy or inhabit any structure not specifically designed as a dwelling unit for human habitation, including, but not limited to, accessory buildings, tents, campers, trailers, makeshift structures or any structures designed for habitation but without plumbing, heating and ventilation systems or electricity.
  10. The city does not allow plumbing fixtures or sanitary facilities in accessory structures or garages except that the city allows plumbing in accessory structures in the AG-1, AG-2 and RR zoning districts subject to city approval of a conditional use permit and subject to several conditions. (See sections 66-387(11), 66-418(12) and 66-450(11) of the City Code.)
  11. Building design standards. The architectural design and appearance of all residential accessory structures and buildings shall meet the following standards:
    1. The exterior finish and roofing materials shall match as closely as possible the design, character, materials and appearance of the principle structure on the lot.
    2. Brick, stucco, stone, cedar shakes and the roofs on principle structures shall justify exception to standard subsection (1) (above).
    3. Metal or synthetic lawn or storage sheds that are 120 square feet or less in floor area are exempt from these design and appearance standards.
    4. All accessory buildings, storage structures and buildings shall be sided or otherwise have a finished, weather-tight exterior.
    5. The owner or contractor shall complete the exterior finish and roofing on any detached accessory structure or building within six months of the date that the city issued the building permit for the structure.
  12. Agriculture accessory buildings.
    1. There are no size or quantity limitations on agriculture accessory buildings.
    2. All agriculture accessory buildings shall be in compliance with the setback provisions set forth in this article.
    3. A site permit issued by the city is required for all agriculture accessory buildings.
    4. Only those lots of ten acres or more and receive green acres credits or are being used for an agricultural use as described in section 66-170 et seq., may use the provisions pertaining to agriculture accessory buildings.
(Code 1996, § 17.42.030; Ord. No. 153-10, § 1, 8-9-2010; Ord. No. 159-11, § 1, 2-28-2011; Ord. No. 163-11, § 1, 6-13-2011; Ord. No. 2015-13, § 1, 11-25-2013)
HISTORY
Amended by Ord. 251-17 on 5/9/2017
Amended by Ord. 275-18 on 3/27/2018
Amended by Ord. 364-23 on 9/12/2023
Amended by Ord. 375-24 on 6/11/2024
Amended by Ord. 386-24 on 10/8/2024

275-18

251-17

364-23

375-24

386-24