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. (Prior Code § 20-18-1)

   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.   Exceptions:

      1.   Accessory buildings used for agricultural purposes as defined by this title are exempt from the area limits, height limits and building type and construction standards of this chapter and are regulated by chapter 25 of this title. (Prior Code § 20-18-2)

      2.   Accessory buildings, uses, and equipment within the R-MH District shall be as regulated by chapter 69 of this title. (Prior Code § 20-18-2; amd. 2018 Code)

      3.   For the purposes of this chapter, decks, gazebos, play equipment and similar unenclosed structures with a footprint less than two hundred (200) square feet and height of less than sixteen feet (16') are exempt from the accessory building number and area limits.

   C.   Detached Single-Family And Two-Family Uses:

      1.   Front Yard:

         a.   No accessory use, building, structure, or equipment shall be allowed within a required front yard.

         b.   No accessory building may be placed within a front yard within the R-C, R-4A, R-4, R-5, R-6, and R-7 Districts except for an attached garage.

      2.   No accessory building, structure, and/or detached garage for a single-family dwelling shall occupy more than ten percent (10%) of the area of the required rear yard in the A-1, A-2, R-C, R-1, R-2 and R-3 Zoning Districts or not more than twenty five percent (25%) of the area of the required rear yard in the R-4A, R-4, R-5, R-6, and R-7 Zoning Districts.

      3.   Setbacks and encroachments:

         a.   Attached accessory structures shall conform to principal building setbacks required for the zoning district in which the structure is located.

         b.   Detached accessory structures may encroach into required side or rear yard setbacks when located in the rear yard of the lot, but shall not encroach into the required setback for a yard abutting a public street of a corner lot:

            (1)   Detached accessory structures not exceeding two hundred (200) square feet in gross floor area shall be set back at least five feet (5') from side or rear lot lines abutting other lots or ten feet (10') from a rear lot line abutting a public right-of-way in the case of a through lot.

            (2)   Detached accessory structures with a gross floor area larger than two hundred (200) square feet shall be set back at least ten feet (10') from side or rear lot lines abutting other lots or twenty feet (20') from a rear lot line abutting a public right- of-way in the case of a through lot.

         c.   No accessory structure shall be located within a required buffer yard, drainage and utility easement or public right-of- way.

      4.   Attached accessory garages:

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

         b.   The maximum floor area of an attached garage shall be one thousand eighty (1,080) square feet, except as provided by subsection C4c of this section.

         c.   Within the A-1, R-C, R-1, and R-2 Districts, the floor area of an attached garage may exceed one thousand eighty (1,080) square feet; provided, that the maximum floor area does not exceed one thousand five hundred (1,500) square feet or sixty five percent (65%) of the building footprint of the principal dwelling (not including the area of the attached garage), whichever is less.

      5.   Detached accessory buildings and structures within the A-1 and A-2 Districts:

         a.   The total floor area allowed for all detached accessory structures shall be as follows:

 

         b.   For parcels located within the sewer service district or long range urban service area or those parcels with an area of five (5) acres or less, the total floor area of all accessory structures shall not exceed two hundred percent (200%) of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size, as outlined in this chapter, whichever is the least.

         c.   There is to be no more than two (2) detached private garages or accessory structures for each single-family dwelling.

      6.   Detached accessory buildings and structures within the R-C, R-1, R-2, and R-3 Districts:

         a.   The total floor area allowed for all detached accessory buildings shall be as follows:

 

 

         b.   The total floor area of all accessory structures shall not exceed two hundred percent (200%) of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size as outlined in this chapter, whichever is the least.

         c.    There is to be no more than two (2) detached private garages or accessory structures for each detached single- or two-family dwelling.

      7.   Within R-4A and R-4 Districts:

         a.   The combined gross floor area of attached and detached accessory buildings shall be as follows:

 

 

         b.   In no case shall the floor area of an individual detached accessory building exceed one thousand eighty (1,080) square feet.

         c.   There shall be no more than one detached accessory structure with a gross floor area larger than two hundred (200) square feet per lot.

      8.   Within the R-5, R-6, and R-7 Districts:

         a.   No accessory detached building shall occupy more than two hundred (200) square feet when accompanied by an attached garage on the same lot, nor shall the combined total floor area of accessory detached structures and/or an attached garage exceed one thousand one hundred fifty (1,150) square feet.

         b.   There shall be no more than one detached accessory structure with a gross floor area larger than two hundred (200) square feet per lot.

   D.   Accessory Building Setbacks: Except as was otherwise noted, accessory buildings and uses for all principal uses other than single-family detached dwellings shall conform to the setback requirements specified for the respective zoning district in which they are located.

   E.   Accessory Building Gross Floor Area: Except in the case of single-family detached dwellings, accessory buildings shall not exceed thirty percent (30%) of the gross floor area of the principal buildings. In those cases where this standard is exceeded, a planned unit development conditional use permit shall be required.

   F.   Accessory Building Height: Except as expressly allowed by conditional use permit, accessory buildings shall comply with the following height limitations:

      1.   Maximum Height Generally:

 

      2.   Accessory Buildings: Accessory buildings other than garages shall be limited to ten feet (10') in height on all two-family or townhouse or multiple-family lots, except by conditional use permit.

   G.   Building Type And Standards:

      1.   Except for public uses owned by the City or as may be expressly allowed by this title or by conditional use permit subject to subsection H of this section, the same or suitable quality exterior finish building materials used for the principal building as allowed by section 11-17-4 of this title shall be used in all accessory buildings over two hundred (200) square feet.

      2.   Pole buildings, as defined in section 11-2-2 of this title, are allowed as a permitted accessory structure within the A-1 and A-2 Districts; provided, that the lot or parcel lies within the rural service area or urban service expansion area, as defined by the Comprehensive Plan.

   H.   Conditional Use Permits: Application for a conditional use permit under this chapter shall be regulated by chapter 4 of this title and may be granted; provided, that:

      1.   There is a demonstrated need and potential for continued use of the structure and the purpose stated.

      2.   In the case of residential uses, no commercial or home occupation activities, except as expressly permitted by and in accordance with this title, are conducted on the property. This restriction shall include the storage of materials and equipment which are unrelated to the on site residential use and activity.

      3.   The building has an evident re-use or function related to the principal use.

      4.   Accessory buildings shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare. (Prior Code § 20-18-2; amd. 2018 Code; Ord. 2021-03, 2-8-2021; Ord. 2022-02, 2-14-2022)

   A.   Residential Uses: Except as provided in this title, all outside storage of materials and equipment for residential uses shall be stored within a building or fully screened so as not to be visible from adjoining properties and the public right-of-way, except for the following:

      1.   Clotheslines pole and wire. (Prior Code § 20-18-3)

      2.   Not more than two (2) currently licensed recreational vehicles, trailers and equipment (not including racing cars) subject to the following provisions: (Prior Code § 20-18-3; amd. 2018 Code)

         a.   In the front yard, provided the recreational vehicles and equipment are located on an established driveway, entirely on the equipment or vehicle owner's property and not upon any public right-of-way.

         b.   In the side yard only when abutting an attached or detached garage; provided, that:

            (1)   The recreational vehicles and equipment are not closer than five feet (5') from the side lot line.

            (2)   The area on which the recreational vehicles and equipment are stored shall be surfaced with asphalt, concrete, or paving brick, except that Class-5 shall also be allowed within the A-1, A-2, R-1, R-2, and R-3 Districts.

            (3)   The recreational vehicles and equipment shall not be within the setback required from a public right-of-way for the side yard of a corner lot, except for a side yard when abutting a major collector or arterial street and then may not encroach into a required buffer yard.

         c.   In the rear yard not closer than ten feet (10') from the rear lot line and/or five feet (5') from the side lot lines and then may not encroach into a required buffer yard.

      3.   Off street parking of currently registered and operable passenger vehicles as in accordance with chapter 21 of this title.

      4.   Construction and landscaping material currently being used on the premises.

      5.   Lawn furniture or furniture used and constructed explicitly for outdoor use.

      6.   Rear or side yard exterior storage of firewood for the purpose of consumption only by the person or persons on whose property it is stored. (Prior Code § 20-18-3)

   B.   Semitractor Trailers And Land/Sea Containers:

      1.   Certification:

         a.   All semitractor trailers with a Minnesota license plate shall be certified by the State and shall display a current inspection certification decal issued by the State of Minnesota Department of Public Safety.

         b.   All semitractor trailers with out of State license plates shall produce upon request proof that the vehicle complies with Federal motor vehicle inspection requirements for vehicles in interstate commerce as provided under 49 CFR section 396.17.

      2.   Location:

         a.   Land/sea containers shall not be stored and semitractor trailers shall not be parked in the required front yard setback area or in a required side yard setback area abutting a Residential District or right-of-way of a collector or arterial street as defined by the Comprehensive Plan.

         b.   Outdoor storage of land/sea containers and parking of semitractor trailers shall not be allowed on required parking spaces.

      3.   Surface:

         a.   All semitractor trailers shall be parked on a concrete or bituminous surface.

         b.   Land/sea containers used for outdoor storage shall be placed upon a concrete, bituminous, crushed rock, or crushed concrete surface. (Ord. 2019-04, 2-11-2019)

   C.   Other Uses: Outdoor storage for nonresidential uses shall be subject to the requirements established within the respective zoning districts in which the use is located. (Prior Code § 20-18-3; amd. Ord. 2019-04, 2-11-2019; Ord. 2021-09, 4-26-2021)

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

   B.   Single-Family Residential Uses: Exterior storage of waste and recycling containers not stored within the principal structure shall be set back a minimum of five feet (5') from all property lines.

   C.   Other Uses: All refuse, recyclable materials, and necessary handling equipment including, but not limited to, waste and recycling containers not stored within the principal structure, or within an accessory building, shall be totally screened from view from all neighboring uses and the public right-of-way within an enclosure subject to the following conditions:

      1.   Exterior wall or fence treatment shall be similar and/or complement the principal building.

      2.   The enclosed trash and/or recycling receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and shall not encroach upon any drainage and utility easements.

      3.   The trash and/or recycling enclosure must be in an accessible location for pick up hauling vehicles.

      4.   The trash and/or recycling receptacles must be fully screened from view of adjacent properties and the public right-of-way by a solid fence or wall of at least six feet (6') in height.

      5.   All waste and recycling containers and enclosures shall be kept in a good state of repair with tightfitting lids to prevent spilling and spread of debris. (Prior Code § 20-18-4)

      6.   The design and construction of all waste and recycling enclosures shall be subject to review and approval of the Zoning Administrator. (Prior Code § 20-18-4; amd. 2018 Code; Ord. 2021-09, 4-26-2021)

   A.   Setback Requirements: All aboveground or belowground swimming pools shall be subject to the setback requirements for accessory structures established by section 11-18-2 of this chapter.

   B.   Administrative Permit: An administrative permit shall be required for all swimming pools that cause or have the capacity to retain water with a depth greater than thirty inches (30"), as defined by section 11-2-2 of this title, that do not require a building permit. Each application for an administrative permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

      1.   The proposed location and its relationship to the other buildings and structures on the lot.

      2.   The size of the pool.

      3.   Fencing and other fixtures existing on the lot including utility locations and trees.

      4.   The location, size and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump, fencing and the pool itself.

      5.   A plan for drainage of the pool explaining drainage method and location.

      6.   That the requirements contained in subsection C of this section will be satisfied.

   C.   Safeguards: All swimming pools, as defined in section 11-2-2 of this title shall be provided with impenetrable safeguards to enclose or completely surround the perimeter of the swimming pool to prevent uncontrolled access.

      1.   In Ground Swimming Pools:

         a.   Vertical Barrier. A fence, solid wall, or other structure shall be employed meeting the following requirements:

            (1)   The physical barrier shall be at least four feet (4') in height.

            (2)   The opening between the bottom of the fence and the ground or other surfaces shall not be more than four inches (4").

            (3)   Fences shall be constructed of a noncorrosive material with posts set in concrete and shall be designed so as to be not easily climbable.

            (4)   All fencing openings or points of entry into the pool area, except from the interior of the principal building, shall be equipped with gates or doors. with said gates or doors having self-closing and self-latching devices.

      2.   Above Ground Swimming Pools:

         a.   Accessory Decks: Aboveground pools with an accessory deck constructed within three feet (3') of the pool shall install a thirty six inch (36") guardrail around the deck. All openings shall be equipped with self-closing and self-latching gates.

         b.   Ladders: For all aboveground swimming pools utilizing a ladder for pool access, ladders shall be removed from the pool area when not in use.

      3.   Pool Cover: A pool cover, including one that complies with the standards of F1346-91 of the American Society of Testing and Materials (ASTM) as may be amended, does not meet the safeguard requirements established by this section. (Prior Code § 20-18-5; amd. Ord. 2022-02, 2-14-2022)

   A.   Passenger Vehicles, Trailers, Recreational Equipment And Similar Items:

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

      2.   Sales of such personal merchandise shall be limited to no more than two (2) merchandise items per calendar year, unless approved by the Zoning Administrator.

      3.   Merchandise items for sale shall not be placed in any portion of the public right-of-way or required front yard abutting a public right-of-way except upon a designated, improved driveway that complies with the requirements of chapter 21 of this title.

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

   B.   Garage Or Rummage Sales:

      1.   Merchandise offered for sale shall be the personal property of the occupant.

      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, unless approved by the Zoning Administrator.

      3.   Merchandise items for sale shall not be placed in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway that complies with the requirements of chapter 21 of this title.

      4.   Signs shall be governed by chapter 37 of this title. (Prior Code § 20-18-6)