HomeMy WebLinkAbout#03 - Ag Building Setbacks1
STAFF REPORT DATE: July 13, 2021
REGULAR TO: City Council - Workshop FROM: Ben Prchal, City Planner AGENDA ITEM: Agricultural Building Setbacks REVIEWED BY: Ken Roberts, Planning Director
BACKGROUND: The City Council has directed Staff to compare Lake Elmo’s Agricultural Building setback requirements to other Cities/townships.
ISSUE BEFORE THE CITY COUNCIL Would the City Council like to direct Staff to draft language for a zoning code text amendment for the Agricultural District setbacks for the Planning Commission to review for a recommendation? REVIEW AND ANALYSIS: The Agricultural (A) zoning district requires a 200 ft. setback from the property lines for all buildings. Staff has done a review of surrounding Cities to understand if Lake Elmo has a larger than normal setback for buildings in the agricultural district. Being that zoning district descriptions can vary from City to City it should be known that Staffs evaluation was primarily focused on districts obviously classified as agricultural or rural. Also, the setback(s) measurements that were reviewed were used for review are only from property lines not wells, HWL, etc. It should also be understood that Staff did not take into consideration (for each City) the height or size
restrictions that each jurisdiction may impose. This could play into the established setbacks as larger buildings will look more imposing depending on the established setback.
City of Afton: The City of Afton requires half the setback that Lake Elmo does. Afton requires a setback of 100 ft. from property lines for buildings over 1,500 sqft. It also allows for a 50 ft. setback for non-agricultural buildings (homes).
Without doing a comprehensive look at Afton’s code it seems as though the Ag. building definition is not necessarily relevant when it comes to setbacks since the setback is determined on the size and not the type. Especially since the setbacks are the same in table 12-131 as 12-187 N.1.
Agricultural building means a structure on agricultural land as defined in "agricultural, rural," of this section, designed, constructed, and used to house farm implements, livestock or agricultural produce or products used by the owner,
lessee or sub-lessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products according to MN State Statutes 326B.103. Afton’t code section 12-187 provides some insight on what the maximum size can be with the following language: - Agricultural District - 1 or 2 on parcels of 10-20 acres not to exceed a total of 2,500 square feet; 2 on parcels less than 10 acres not to exceed 2,000 square feet. Residential parcels shall be regulated by the RR district. Permit shall be recorded. No Admin permit required on buildings 1,000 s.f. or less. - Rural Residential District - 1 or 2 on parcels of 5 and more ac. Not to exceed a total of 2,000 square feet; 1 on
parcels less than 5 acres not to exceed 1,000 square feet. Agricultural parcels shall be regulated by the A and AP districts. Permit shall be recorded. No Admin permit required on buildings 1,000 s.f. or less. Baytown Township: Baytown defines an Ag. building as the following: Agricultural Building: A structure on agricultural land designed, constructed, and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sublease of the building and members of
their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products.
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Similar to Lake Elmo, they remove restrictions for agricultural buildings on properties over 20 acres in size. For
example, no limit on number or size for the buildings on 20 acres or more. The setback requirement for homes is 40 ft. from the front property line and a setback of 100 ft. setback from any
property line for domestic farm buildings, feed lots, or manure storage sites. Again, this is quite a big difference compared to what Lake Elmo requires. From an enforcement/application perspective Staff would prefer to keep the standard for Ag. and non-Ag. buildings be the same. For example, both set at 40 ft. or both set at 100 ft.
City of Cottage Grove: Cottage Grove did not have a definition for agricultural buildings but they did have a definition for agricultural land, both rural and urban. Agricultural, rural: a commercial crop-producing use on ten (10) or more contiguous acres and as defined under minnesota statutes section 273.111, subdivision 6. Real property shall be considered to be an agricultural use;
provided, that annually: a) at least thirty three and one-third percent (331/3%) of the total family income of the owner is derived therefrom, or the total family income, including rental income from the property, is three hundred dollars ($300.00) plus ten dollars ($10.00) per tillable acre; and b) it is devoted to the production for sale of
livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grain, bees and apiary products.
It is from this definition that they seem to base the rest of the code on, rather than a specific Ag. building definition. Their setbacks are again smaller when compared to Lake Elmo’s rural districts.
Cottage Grove requires: - Front yard setback of 100 ft. or behind the principle structure - Side yard of 25 ft.
- Rear yard of 50 ft. - Limited to 2 accessory buildings up to 2,500 sqft. up to 20 ft. in height - Properties meeting agricultural definition – unlimited number of buildings and 300 sqft. per acre. City of Dayton: Agricultural Building: A structure on agricultural land designed, constructed, and used to house farm implements,
livestock, or agricultural produce or products used by the owner, lessee, or sub-lessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. Dayton has a specific definition for an agricultural building but Staff was unable to locate any other reference within the code to address the building. There are specific setbacks for accessory buildings within their Agricultural districts and the front yard measurement is set at 50 ft. Staff believes this would not be an appropriate setback to be used in Lake Elmo as it seems that Dayton does not or did not need to address agricultural buildings
in the same way as other Cities. A size limit was not readily found. City of Hugo: Agricultural building means a structure on agricultural land as defined in Minn. Stats. 273.13, subd. 23, designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate family, their employees, and persons engaged
in the pickup or delivery of agricultural produce and products. Their definition is similar to the way Lake Elmo Defines an Ag. Building. Staff has been unable to locate additional setbacks for this type of building. Though, it looks like they require a 50 ft. setback and perceivably allow a building up to 5,000 sqft. up to 35 ft. in height. Staff again would not recommend a 50 ft. front yard setback in the Agricultural District. However, it is worth nothing that these setbacks are similar to the City’s Rural Residential District.
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Other Cities: It is clear that there is a range between the Cities in regard to setbacks within agricultural or rural districts. However, from what Staff what able to gather, it is clear that Lake Elmo does have the largest setback for buildings in an agricultural zoning district when compared to all of the Cities that were used for the review.
Impacted Districts Staff speculates that the large setback for buildings in the agricultural district in Lake Elmo was intended to protect
against potential nuisances that are generally associated with agricultural activates. However, if you were to compare the same request to a property zoned as RR and one that is zoned as A you would achieve two very different outcomes. For example: Let’s assume there are two forty acre parcels (which allows the largest building type), one zoned as A and the other RR. If both parcels were to place a home and an Ag. building of 3,000 sqft. (Assume all setbacks are met) the following setbacks would be used.
A – Zoning District RR – Zoning District
Front Yard Setback – 200 ft. Front Yard Setback – 30 ft. Rear Yard Setback – 200 ft. Rear Yard Setback – 40 ft. There are a few uses that are allowed within the Agricultural District that are not allowed within the Rural Residential District. The uses are: - Outdoor Recreational Facility – CUP
- Restricted Recreation – CUP - Agricultural Services – CUP - Forestry Operation – Permitted - These uses further support the idea that the large setbacks were intended to protect residential neighbors from farming practices. It should also be known that in both districts there is a 200 ft. setback for Animal Buildings,
feedlots, and manure storage sites which applies to both districts. Detached Domesticated Farm Animal Building. A 1-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building may require a
Minnesota Pollution Control Agency feedlot permit in addition to site and building plan approval. Residential Estate Distract (RE): Although this district will not be impacted it is worth mentioning because it does have the most restrictive setbacks after the Ag. district. The Ag. districts are typically on larger properties with the RE properties generally being 2.5 acres in size. Their front and rear yard setback is set at 100 ft. for the principle building. Accessory buildings are then allowed to have a reduced setback. Staff recommends reviewing table 9-2 (attached) if there are additional questions on the established setbacks.
FISCAL IMPACT: Staff does not foresee a fiscal impact with the proposed code change. OPTIONS: 1. Direct Staff to bring a zoning code amendment to the Planning Commission for review. 2. Do not direct Staff to bring a code amendment to the Planning Commission.
COMMENTS/RECOMMENDATION It is clear that Lake Elmo requires the largest setback for buildings in an agricultural districts of all of the Cities that were looked at. The City Council should determine if the 200 ft. setback could be reduced and still protect neighboring properties from the farming “nuisances.” Based on the information gathered by City Staff, it appears prudent for the City to consider a reduction the setback of 200 ft. to 100-150 ft. for all buildings in the Agricultural District.
ATTACHMENTS - City Codes Used for Comparison - Lake Elmo Rural District Code
AFTON CODE
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K. Provide for the enforcement of this article and to define and limit the powers and duties of the administrative
officers and bodies responsible therefore.
L. Protect and preserve economically viable agricultural land.
M. Provide for the wise use and conservation of energy resources.
N. Implement the City's Comprehensive Land Use Plan as prepared by the Planning Commission and adopted
by the City Council.
Sec. 12-54. Interpretation and construction.6
A. In the application of this article, the provisions thereof shall be interpreted to be the minimum requirements
necessary to accomplish the general and specific purposes of this article.
B. Nothing contained in this article shall be deemed to be a consent, license or permit to use any property or to
locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation
or activity.
C. Except as herein provided, the provisions of this article are cumulative and in addition to the provisions of
other laws and ordinances, heretofore passed or which may be passed hereafter, governing the same subject
matter as this article.
Sec. 12-55. Definitions.7
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this
section, except where expressly defined in another article or the context clearly indicates a different meaning:
Accessory building or structure means a subordinate building or structure which is located on the same lot as the main
building and the purpose of which is incidental to that of the principal building.8
Accessory use means a use related or subordinate to the principal use of the same land.
Administrator means the City Zoning Administrator.
Agricultural building means a structure on agricultural land as defined in "agricultural, rural," of this section, designed,
constructed, and used to house farm implements, livestock or agricultural produce or products used by the owner,
lessee or sub-lessee of the building and members of their immediate families, their employees and persons engaged in
the pickup or delivery of agricultural produce or products according to MN State Statutes 326B.103.
Agriculture, rural is a commercial food producing use on ten or more contiguous acres and is defined under a portion
of Minnesota Agricultural Property Tax Law (Green Acres Law) M.S.A. § 273.111, subd. 6, Agricultural Property
Tax: Real property shall be considered to be in agricultural use provided that annually it is devoted to the production
for sale of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural
and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, apiary products and activities incidental thereto.
Agriculture, suburban is a noncommercial food producing use primarily intended for the use of the residents and
usually on less than ten contiguous acres. Suburban agricultural uses may include production of crops such as fruit
trees, shrubs, plants, flowers, vegetables and domestic pets.
6 Code 1982, § 301.203
7 Code 1982, § 301.301; Res. No. 1997-5, 2-11-97; Res. No. 1997-16, § 9, 6-17-97; Ord. No. 1997-19, 7-15-97;
Ord. No. 02-2011, 7-19-2011.
Cross reference(s)--Definitions generally, § 1-2.
8 See Section 12-178.
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U. Expiration. Expiration of an agricultural preserve initiated by the landowner shall not automatically result in
a rezoning of the property to a greater density.
V. Early termination. Termination of an agricultural preserve earlier than a date derived through application as
regulated in this section shall be permitted only if the governor declares a public emergency pursuant to a
petition submitted to him by either the landowner or the City Council.
Sec. 12-140. Agricultural (A) zoning district.136
A. Purpose. The A zoning district is intended to recognize land in the City that is primarily rural in character
with the primary land use being farming or agriculture. This district is designated in recognition of the
comprehensive plan that states the City's policy to retain prime agricultural land and to encourage the
continuance of commercial farming. While non-farm housing is a permitted use as regulated herein, the
primary purpose of the district is to preserve and protect land for commercial farming.
B. Permitted uses and structures. The following uses shall be permitted:
1. Single Family Residential housing at a density of one dwelling unit per 10 acres provided that: (Total
Acreage / 10 = allowed density) All numbers shall be rounded down. Each dwelling unit shall be located
on a separately owned parcel which shall be at least five acres in area;
2. The parcel on which a dwelling unit is located shall have at least 300 feet of frontage along an existing,
improved public street;
3. The driveway serving the parcel shall be separated from adjacent driveways on the same side of the street
by the following distances depending upon street type:
a. Local street ...................................................................................... 300 feet
b. Collector street…………………………………...……… .............. 300 feet
c. Minor arterial..…………………………………………… ............. 500 feet
d. Minimum distance from the intersection of two or
more of the above………………………………………... ............. 100 feet
4. The dwelling shall be set back at least 105 feet from the nearest existing or planned street centerline and
be separated at least 500 feet from the nearest farm building;
5. 20 acres are required to subdivide a property, of which two or more parcels may qualify if 100% of all
of the land owners apply.
6. Other uses as permitted by Section 12-134 for the zoning district.
C. Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental
and subordinate to permitted uses and structures, and those accessory uses permitted by Section 12-134 for
the zoning district shall be permitted.
D. Conditionally Permitted Uses. The following Conditionally Permitted Uses may be approved by the City
Council provided that the provisions and requirements of this article are fully met:
1. Agricultural service establishments incidental to the principal agricultural use of the property primarily
engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis
including corn shelling, hay bailing, thrashing, sorting, grading and packing of fruits and vegetables for
the grower; agricultural produce milling and processing; horticultural services; fruit picking, grain
cleaning; harvesting and plowing; farm equipment service and repair; veterinary services; and the
boarding and training of horses; and
2. Those uses listed as being allowed by Conditional Use Permit in the A zoning district in Section 12-134.
E. Standards for granting Conditional Use Permits. No Conditional Use Permit shall be issued by the City
Council unless following review and written findings it determines that the proposed use satisfies the
conditions set forth in Sections 12-78 and 12-139.
F. Prohibited uses and structures. All other uses and structures which are not specifically permitted or permitted
by Conditional Use Permit shall be prohibited.
136 Code 1982, § 301.610, Ord 7-2006, 8/15/2006; Ord 01-2012, §12-140, 1/17/2012
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habitable dwelling unit unless the existing building conforms or the building after such improvement
(including septic system) will conform with all the requirements of the City's ordinances and any applicable
state requirements.
I. Any alterations, modifications or enlargements of an existing seasonal principal building for the purpose of
continuing the seasonal use shall require a Conditional Use Permit.
J. In all districts where single-family detached dwellings are permitted, the following standards shall apply for
single-family detached dwellings, including manufactured homes, except that these standards shall not apply
to manufactured homes permitted by Section 12-213(B), (C), (D) or (E):
1. Minimum width. The minimum width of the main portion of the structure shall not be less than 20 feet,
as measured across the narrowest portion.
2. Foundations. All dwellings shall be placed on a permanent foundation extending below the frostline and
anchored to resist overturning, uplift and sliding in compliance with the state building code.
K. The size of a garage attached to a principal residential building shall not have a foundation that
exceeds 2,000 square feet.148
Sec. 12-187. Types of accessory buildings.149
A. Storage or tool sheds; detached residential accessory buildings; detached domesticated farm animal buildings
on residential parcels; and agricultural buildings on rural farms. Such accessory buildings are defined as
follows:
1. Storage or tool sheds: A one-story accessory building of less than 160 square feet gross area with a
maximum roof height of 12 feet. No door or other access opening in a storage or tool shed shall exceed
28 square feet in area.
2. Detached residential accessory building. A one-story accessory building used or intended for the storage
of motor-driven passenger vehicles, hobby tools, garden equipment, workshop equipment and so forth.
The total area of all accessory buildings shall not exceed 2,500 square feet, subject to the acreage
requirements in Subsection (B) of this section. (Also see Paragraph (4) of this section.)150
3. Detached domesticated farm animal building on residential parcels. A one-story accessory building used
or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive
materials on any nonagricultural parcel as defined in Section 12-55. The total area of all accessory
building shall not exceed 2,500 square feet, subject to the acreage requirements in Subsection (B) of this
section. Such buildings shall be regulated by Subsections (B), (M), and (N) of this section.
4. Agricultural buildings on rural farms. An accessory building used or intended for use on a parcel on
which rural agriculture, as defined in Section 12-55, is the principal use, and shall be subject to the
following restrictions: No accessory building, except for agricultural buildings on rural farms, shall be
more than 20 feet in height, nor have a roof pitch which exceeds that of the principal building. On any
lot of less than five acres no accessory building shall exceed the square footage of the principal
structure.151
5. Existing agricultural buildings at the time of a subdivision are exempt from the limits on the maximum
square footage and on the total number of accessory buildings imposed by Subsection (B) of this section.
Any additions to or expansions of accessory buildings shall thereafter be subject to requirements of this
section with the existing agricultural buildings being included in both the square footage and building
number calculations.
6. Temporary Accessory Dwelling Unit. A temporary dwelling unit that is accessory to a residential
principal structure, and that can be easily removed. A temporary accessory dwelling unit requires an
administrative permit. Such permit shall expire 180 days from the date of issuance, unless there is
specific ordinance language setting out a longer timeframe, and may be renewed for one additional 180
day period.152
148 Ord 03-2012, § 12-186 (K), 4/17/2012
149 Code 1982, § 301.703
150 Ord 05-2013, 3/19/2013
151 Ord 05-2015, 3/19/2013
152 Ord 05-2013, 3/19/2013
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B. Permitted uses of accessory buildings.153
A R VHS
Storage or tool shed:
Permit required Building Building Building
Maximum square footage 160 160 160
Maximum roof height 12 feet 12 feet 12 feet
Maximum door opening area 28 sq. ft. 28 sq. ft. 28 sq. ft.
Maximum number of stories One story* One story* One story*
Detached residential accessory building:
Permit required Admin & Bldg. Admin & Bldg. Bldg.
Maximum square footage *** *** 720
Maximum number of stories One story* One story* One story*
Detached domesticated farm animal building
on residential parcels:
Permit required Admin & Bldg. Admin & Bldg. N****
Maximum square footage *** ***
Maximum number of stories One story* One story*
Agricultural building on rural farm of:
More than 10 but less than 20 acres:
Permit required Admin Admin N
Maximum square footage *** ***
20 or more acres:
Permit required Admin/Farm Site Plan Admin/Farm Site Plan N
* See Ch. 11, Sec. 1102 of the International Building Code (IBC)
***Total number of accessory buildings possible: 1 or 2 on parcels of 10-20
acres not to exceed a total of
2,500 square feet; 2 on
parcels less than 10 acres not
to exceed 2,000 square feet.
Residential parcels shall be
regulated by the RR district.
Permit shall be recorded. No
Admin permit required on
buildings 1,000 s.f. or less.
1 or 2 on parcels of 5 and
more ac. Not to exceed a total
of 2,000 square feet; 1 on
parcels less than 5 acres not to
exceed 1,000 square feet.
Agricultural parcels shall be
regulated by the A and AP
districts. Permit shall be
recorded. No Admin permit
required on buildings 1,000
s.f. or less.
1 not to
exceed 720
square feet.
**** See Section 12-230 regulating the keeping of chickens on parcels less than five (5) acres.154
C. A storage or tool shed as defined in this section may be placed on any lot in addition to the permitted type
and number of accessory buildings.
153 Ord 09-2010, § 12-187(B), 9/21/10
154 Ord 05-2013, 3/19/2013
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D. No accessory building shall be constructed nor accessory use located on a lot until a building permit has been
issued for the principal building to which it is accessory.
E. A building shall be considered an integral part of the principal building if it is located six feet or less from
the principal building. The exterior design and color shall be the same as that of the principal building and
the height shall not exceed the height of the principal structure.
F. No accessory building in a Commercial or Industrial Zoning District shall exceed the height of the principal
building.
G. No accessory building shall be located nearer the front lot line than the principal building on that lot except
by Administrative Permit as provided for herein:
1. The proposed accessory building shall be located on a lot of five or more acres; and
2. The proposed accessory building shall be screened from the public street and neighboring parcels by
existing vegetation that provides year-round screening and exceeds the height of the accessory building
unless the accessory building is of the same design and material as the principal building and is located
25 feet or less from the principal building, provided all other required setbacks are met.
H. Accessory structures located on lake or stream frontage lots may be located between the public street and the
principal structure as regulated by the shoreland management ordinance and Subsection (G) of this section.
I. Houseboats and buildings used as shelters from which to fish during open water months are to be considered
accessory structures for purposes of this article. All houseboats used within the City limits for a period of 30
consecutive days or more shall require a Administrative Permit. Such permit shall show the owner, owner's
address, boat license number, whether the boat is to be used as a seasonal residence, and if so, for what period
of time during the year, type of sanitary sewage facility, water supply and site plan showing the method of
access to the public street. Each houseboat shall have one off-street parking space within 400 feet of the
docking of such houseboat. No houseboat shall be used as a permanent residence.
J. Ice fishing houses stored on parcels of land during summer months shall be considered an accessory storage
building equivalent to a storage or tool shed as defined in Subsection (A)(1) of this section. Ice fishing houses
shall meet the size limitations of Subsection (B)(1) of this section and all other provisions of this article,
except Subsection (K) of this section.
K. All accessory buildings shall be securely anchored. Those over 100 square feet shall have a foundation,
concrete slab or footings. Nonagricultural accessory buildings larger than 100 square feet shall require a
building permit regardless of improvement value. Roof and wind loads shall conform to requirements as
contained in the building code.
L. All accessory buildings shall meet the minimum required setbacks contained in Section 12-132(A) for the
zoning district in which it is to be located.
M. An Administrative Permit is required for approval and construction of a detached domesticated farm animal
building on a residential parcel of at least five acres and up to 20 acres. No detached domesticated farm
animal building shall be permitted on any lot less than five acres. An application for an Administrative Permit
shall include the following:
1. A dimensioned site plan or aerial photograph illustrating within 500 feet of the proposed structure: All
adjacent property owners' lot lines, houses, septic systems, fences, wells, animal buildings and other
structures and feed storage areas; all wet marshy areas, drainageways, and shorelines; all proposed
grazing areas on the site; all new utility extensions and driveway access to the proposed building; and
all manure storage and disposal areas.
2. A written soil inventory and evaluation from the county soil conservation district.
3. Details of the building floor plan, elevations, materials and color of structure.
N. Performance standards for detached agricultural buildings and domesticated farm animal buildings shall
include the following:
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1. Setbacks. All domestic farm animal buildings, feedlots and manure storage areas shall be setback as
follows:
Natural or Manmade Feature Minimum Horizontal Setback
a. Any property line: 100 feet
b. Any existing well or residential structure on the same parcel: 50 feet
c. Any existing well or residential structure on adjacent or nearby
parcels: 200 feet
d. Any body of seasonal or year-round surface water, stream, or
drainageway 200 feet
2. Slopes. Such building, feedlot or manure storage area shall not be placed on slopes that exceed 13
percent.
3. Marsh or wetland. No marsh or wetland (as established by the predominant wetland vegetation and/or
soils) shall be utilized for placement of the proposed structure, feedlot or grazing area.
O. The size of a lean-to shall not exceed 40% of the size of the enclosed portion of the building to which it is
attached.155
Sec. 12-188. Livestock.156
A. Prohibition of manure deposition without safeguards. No manure or livestock waste shall be deposited,
stored, kept or allowed to remain in or upon any storage site or feedlot without reasonable safeguards
adequate to prevent the escape or movement of such manure or waste or a solution thereof from the site that
may result in pollution of any public waters or any health hazard. No manure shall be stored within 100 feet
of any property line.
B. Pollution control agency standard minimum requirements. All regulations imposed by the state pollution
control agency relating to keeping of livestock shall be adhered to, and such regulations shall be considered
the minimum safeguard necessary to prevent pollution of public waters or creation of health hazards. New
livestock feedlots, poultry lots and other animal lots are prohibited within the following areas:
1. Within 1,000 feet of the ordinary high water mark of any lake, pond or flowage; or within 300 feet of
the landward extent of a floodplain;
2. Within 1,000 feet of the boundary of a public park; and
3. Within one-half mile of the nearest point to a concentration of ten or more private non-farm residences.
C. Permit required. No feedlot or manure storage site shall be maintained unless a permit therefore157 has first
been issued by the state pollution control agency and a Conditional Use Permit has been issued by the City
Council. The application for a permit by the owner or other person responsible for a feedlot or manure storage
site shall be accompanied by plans showing the features and method of operation and construction and
existing or proposed safeguards or disposal systems. The City Council may thereafter issue a Conditional
Use Permit therefore158 upon such conditions as it shall prescribe to prevent pollution of any public water or
creation of health hazard.
D. Inadequate safeguards. In case the Zoning Administrator shall find that any manure is stored or kept on any
feedlot or storage site without a safeguard, or that any existing safeguard is inadequate, he may order the
owner or other responsible person to immediately remove the manure from the feedlot or storage site and
refrain from further storage or keeping of any manure thereat unless and until an adequate safeguard is
provided as herein prescribed.
E. Notice concerning loss. It shall be the duty of the owner of a feedlot or manure storage site or other
responsible person in charge thereof to notify immediately the Zoning Administrator of any loss of stored
manure by accident or otherwise when such loss of stored manure involves a substantial amount that would
155 Ord 05-2013, 3/19/2013
156 Code 1982, § 301.704; Cross reference(s)--Animals, Ch. 6.
157 Amendment 02-2009, 4/21/2009
158 Amendment 02-2009, 4/21/2009
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A. Setback and siting. The setback of new buildings should be compatible with the setback of existing adjacent
buildings.
B. Parking. Residential parking areas should be confined to the rear of existing or new buildings. Parking spaces
should be screened from view from the public street by landscaping such as hedges, grade changes, or low
fences.
C. Fences. Fences which allow some visual penetration of front yard space are preferable to complete enclosure.
Cyclone fences should not be used to enclose front yards in the front half of side yards.
Sec. 12-1716. Public improvements.413
New street and landscape improvements, lighting, street furniture and signs should be compatible with the character
of the district. The historic urban pattern of grid-plan streets should be retained.
Sec. 12-1717. Signs.414
Sign materials and design should complement the materials and design of the building and adjacent buildings.
Secs. 12-1718--12-1770. Reserved.
ARTICLE VIII. BUILDINGS AND BUILDING REGULATIONS415
DIVISION 1. GENERALLY
Secs. 12-1771--12-1800. Reserved.
DIVISION 2. BUILDING CODE416
Sec. 12-1801. Adopted.417
The Minnesota State Building Code, established pursuant to M.S.A. §§ 16B.59--16B.75, one copy of which is on file
in the office of the City Administrator, is hereby adopted as the building code for the City. Such code is hereby
incorporated in this article as completely as if set out in full.
Sec. 12-1802. Administration required.418
As periodically adopted and amended by the State of Minnesota, the International Building Code will be administered
as the Building Code for the City.
Sec. 12-1803. Application, administration and enforcement.419
413 Code 1982, § 309.103(6)
414 Code 1982, § 309.103(7), Cross reference(s)--Signs generally, § 12-210.
415 Cross references—Building department, § 2-201 et seq.; building official, § 2-111 et seq.; building permits in
the building code regarding zoning, § 12-81; floodplain regulations, § 12-901 et seq.; manufactured homes, mobile
homes, travel trailers, etc., prohibited in floodplain district, § 12-912; heritage preservation, § 12-1526 et seq.; use of
individual sewage treatment systems, § 12-2006 et seq.; individual sewage treatment systems, § 12-2076 et seq.;
construction and materials for building sewers, § 12-2165; numbering buildings, § 20-61 et seq.; utilities, ch. 24.
416 State law reference—Authority to regulate the construction of buildings, M.S.A. § 412.221, subd. 28; State law
reference—State building code applicable throughout the state, M.S.A. § 16B.62.
417 Res 1995-11, § 401.101, 11-21-95; Res 1997-16, § 21, 6-17-97, State law reference(s)--Authority to adopt codes
by reference, M.S.A. § 471.62.
418 Ord 1997-20, 4/20/99, Sec. 12-1802 Repealed and Replaced
419 Res. No. 1995-11, § 401.201, 11-21-95
AFTON CODE
CD12:190
A. The application, administration and enforcement of the building code adopted in Section 12-1801 shall be in
accordance with MN Rule, § 1300.2100.
B. The building code department shall be the building code department of the City. The administrative authority
shall be a state-certified building official.
C. The appointing authority shall designate the building code administrative authority for the jurisdiction of the
City.
Sec. 12-1804. Permits, inspections and fees.420
A. Permits, inspections and collection of fees shall be authorized in M.S.A. Stat. 16B.62, subdivision 1. The
building permit fee schedule for the City shall be established by resolution of the City Council.
B. In addition to the permit fee required by Subsection (A) of this section, the applicant shall pay a surcharge to
be remitted to the state department of administration as prescribed by M.S.A. § 16B.70.
C. In addition to the basic building permit fee, a park fee is hereby imposed on each new home building permit
as stated in chapter 12, article VI, pertaining to subdivisions.
Sec. 12-1805. Violations and penalties.421
A violation of the building code adopted in Section 12-1801 is a misdemeanor and shall, upon conviction, be punished
as provided in Section 1-13.
Secs. 12-1806--12-1850. Reserved.
DIVISION 3. FIRE PREVENTION AND LIFE SAFETY CODE422
Sec. 12-1851. Adopted.423
There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life
and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, including
Appendix Chapters I-A, I-B, II-A, II-B, II-C, II-D, III-A, III-B, III-C, IV-A, V-A, VI-A, VI-C, VI-D, and the Uniform
Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building
Officials and the Minnesota Uniform Fire Code being particularly the 1982 Edition thereof and the whole thereof.
One copy of these codes and standards must be and are now filed in the office of the clerk of the City and the same
are hereby adopted and incorporated as fully as if set out at length herein. From the date on which the ordinance from
which this division was derived shall take effect, the provision thereof shall be controlling within the limits of the
City.
Sec. 12-1852. Establishment, duties of bureau of fire prevention.424
A. The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the fire department of the
Lower St. Croix Valley Fire Protection District which is hereby established and which shall be operated under
the supervision of the chief of the fire department.
B. The chief (or marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Lower St. Croix
Valley Fire Protection District on the basis of established procedures.
420 Ord 1997-20, 4/20/99, Ord. 2004-25, 4/20/04, Res. No. 1995-11, § 401.301, 11-21-95, Cross reference--
Building permits in subdivisions, § 12-1268.
421 Res. No. 1995-11, § 401.401, 11-21-95, State law reference--Similar provisions, M.S.A. § 16B.69.
422 State law references—Authority to adopt ordinances to prevent, control or extinguish fires, M.S.A. § 412.221,
subd. 17; fire prevention in cities, M.S.A. ch. 438.
423 Code 1982, § 402.101, State law reference--Authority to adopt codes by reference, M.S.A. § 471.62.
424 Code 1982, § 402.102
LAND USE
CD12:191
C. The chief of the fire department may detail such members of the fire department as inspectors as shall from
time to time be necessary. The chief of the fire department shall recommend to the Lower St. Croix Valley
Fire Protection District the employment of technical inspectors, who, when such authorization is made, shall
be selected through an examination to determine their fitness for the position. The examination shall be open
to members and nonmembers of the fire department, and appointments made after examination shall be for
an indefinite term with removal only for cause.
Sec. 12-1853. Definition.425
Wherever the word "jurisdiction" is used in the Uniform Fire Code, it means the City of Afton.
Sec. 12-1854. New construction and renovation.426
All plans and specifications for new construction and renovation of commercial and public buildings, shall be
submitted to and approved by the fire department, fire prevention bureau officer, prior to the start of construction.
Sec. 12-1855. Appeals.427
Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the
provisions of the codes adopted by this article do not apply or that the true intent and meaning of the codes have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to city within 30 days
from the date of the decision appealed.
Sec. 12-1856. Open burning prohibited.428
It shall be unlawful for any person to start or allow to burn, any open fire on any property within the City without first
having obtained a permit therefore429 from the Lower St. Croix Valley Fire Protection District, except for supervised
recreational or cooking fires contained within approved fire rings, pits or barbecue grills.
Sec. 12-1857. Rules adopted by reference.430
Chapter 8, State of Minnesota Air Pollution Control Rules current edition as amended May 13, 1976, is hereby adopted
by reference and is made a part of this division as if fully set forth herein. Three copies of such rules are on file with
the City Clerk.
Secs. 12-1858--12-1900. Reserved.
ARTICLE IX. SEWAGE431
DIVISION 1. GENERALLY
Secs. 12-1901--12-1950. Reserved.
425 Code 1982, § 402.103, Cross reference--Definitions generally, § 1-2.
426 Code 1982, § 402.104
427 Code 1982, § 402.105
428 Code 1982, § 402.106, Cross reference--Open fires in parks prohibited, § 16-7.
429 Ord 02-2009, 4/21/2009
430 Code 1982, § 402.107
431 Cross references—Zoning and water supply sanitary requirements for shoreline management, § 12-401 et seq.;
Lower St. Croix River management requirements for sewage disposal, § 12-587; floodplain management on-site
sewage treatment and water supply systems, § 12-1143. State law references—Authority to establish and maintain
sewers, M.S.A. § 412.221, subd. 6; authority to build and construct sewers and sewage disposal plants, M.S.A. §
444.075.
Chapter Two - Zoning Regulations Part 3 - Performance Standards
Baytown Township Zoning Ordinance 3
BAYTOWN TOWNSHIP ZONING ORDINANCE
CHAPTER TWO
PART 3
PERFORMANCE STANDARDS
The performance standards established in this Part are designed to
encourage a high standard of development. The standards are designed to
prevent and eliminate those conditions that cause blight and to assure that
neighboring land uses are compatible. All future development in all
districts shall be required to meet these standards and the standards shall
also apply to existing development where so stated.
SECTION 1. DEVELOPMENT STANDARDS
1.1 General Standards
(1) All lots or uses will be subject to these general standards as
well as other specific regulations that apply to the lot or the
proposed use.
(2) All agricultural and livestock operations being conducted in
compliance with the terms of this Zoning Ordinance shall
not be deemed a violation of this Zoning Ordinance
notwithstanding the fact that there may have been changes in
the surrounding character of the area.
(3) All applicants for a certificate of compliance or conditional
use permit in the commercial zones must explain their
business and any manufacturing processes involved. Any
business/use storing or using hazardous substances as
defined in Title 49 CFR, the Clean Water Act, Hazardous
Waste Rules or Department of Transportation Rules must
meet all applicable Environmental Standards.
(4) Sloping or Erodible Building Sites. No structure shall be
constructed on sites with slopes of greater than twenty-five
percent (25%) or on easily erodible soils as defined on the
community soils maps and compiled by the Washington
County Soil and Water Conservation District.
(5) Permitted Encroachments into Required Setbacks. The
following shall be permitted encroachments into setback
requirements:
(A) Flues, eaves and awnings up to three (3) feet in
width;
Commentary/Interpretive
Purposes Only
General Standards apply to all lots
or uses. These regulations must be
met in addition to other specific
regulations that may apply to the
individual lot or proposed use.
Chapter Two - Zoning Regulations Part 3 - Performance Standards
4 Baytown Township Zoning Ordinance
(B) Steps, chimneys, sidewalks, and stoops up to
three (3) feet in width;
(C) Exposed wheelchair ramps, bay windows and
doors up to three (3) feet in width.
(6) Corner lots. Nothing shall be placed or allowed to grow, with
the exception of seasonal crops, in such a manner as to
materially impede vision between a height of two and one-
half (2 ½) and ten (10) feet above the centerline grades of the
intersecting streets to a distance such that a clear line of
vision is possible of the intersecting street from a distance of
50 feet from the intersection of the right of way lines.
(7) Setbacks along Arterials. The minimum setback for all
structures shall be one hundred (150) feet from the
centerline, or seventy five (75) feet from the right-of-way
(whichever is greater), along roads designated as “Arterials”
in the Township’s Comprehensive Plan.
(8) Minimum width and foundations. In all districts where single
family dwellings are permitted, the following standards shall
apply for single family dwellings, except for temporary
dwellings permitted by Chapter Two, Part 3, Sections 2.29,
2.30 and 2.31 of this Zoning Ordinance:
(A) The minimum width of the main portion of the
structure shall be not less than twenty (20) feet, as
measured across the narrowest portion.
(B) All dwellings shall be placed on a permanent
foundation and anchored to resist overturning,
uplift and sliding in compliance with the
Minnesota State Building Code.
(9) Code compliance. All principal buildings shall meet or
exceed the minimum standards of the Minnesota Building
Code, the Minnesota State Uniform Fire Code, the
Minnesota Department of Health, the Minnesota Pollution
Control Agency, and the Washington County Subsurface
Sewage Treatment System Regulations, except that
manufactured homes shall meet or exceed the requirements
of the State of Minnesota Manufactured Home Building
Code in lieu of the Minnesota State Building Code.
(10) Buildable land. All new parcels created must have at least
one (1) contiguous acre of accessible buildable land.
Buildable land is defined as:
(11) Land with a slope less than 25 percent, and
Chapter Two - Zoning Regulations Part 3 - Performance Standards
Baytown Township Zoning Ordinance 5
(A) outside of any required setbacks, except that on a
natural environment lake where a 200 foot
structure setback is required, the buildable area
calculation would be measured from a 150 foot
setback rather than the required 200 foot setback;
and
(B) above any 100 year floodplain, drainage way, or
drainage easement.
Property situated within Shorelands or the Saint
Croix River districts are also subject to the
requirements in those Chapters.
(12) Number of structures. There shall be no more than one (1)
principal structure on any one (1) parcel of land, unless
otherwise authorized by the Zoning Ordinance.
(13) Certain dwelling units prohibited. No cellar, garage,
recreational vehicle or trailer, basement with unfinished
exterior above or accessory building shall be used at any
time as a dwelling unit.
(14) Occupancy of a Single Family Residential dwelling. No
more than six (6) persons can reside in a single family
residential dwelling not related by blood, marriage or
adoption.
(15) Traffic control. The traffic generated by any use shall be
controlled so as to prevent congestion of the public streets,
traffic hazards and excessive traffic through residential areas,
particularly truck traffic. Internal traffic shall be regulated so
as to ensure its safe and orderly flow. Traffic into and out of
business and industrial areas in all cases shall be forward
moving with no backing into streets.
(16) Vacated streets. Whenever any street, alley, easement or
public way is vacated by official action, the zoning district
abutting the centerline of the said vacated area shall not be
affected by such proceedings.
(17) Access drives, access and service roads. Access drives onto
Township or County roads shall require an access permit
from the appropriate road authority. This permit shall be
issued prior to the issuance of any building permits. The
Township or County Engineer shall determine the
appropriate location, size and design of such access drives
and may limit the number of access drives in the interest of
public safety and efficient traffic flow.
One primary access driveway is permitted for a residential
Chapter Two - Zoning Regulations Part 3 - Performance Standards
6 Baytown Township Zoning Ordinance
use. The Town Board may approve a secondary access to a
residential parcel to address unique circumstances.
(18) Private roads. Private roads are not allowed in any new
subdivisions created after the effective date of this Zoning
Ordinance. Existing lots of record on private roads will be
subject to the Standards contain in the Township’s Zoning
and Subdivision Ordnances.
(19) No structure shall exceed the maximum height permitted for
the zoning district in which it is located, except for church
spires, chimneys, flag poles up to 45 feet in height.
Maximum height of Wireless Communication Facilities and
Wind Energy Conversion Systems is regulated in accordance
to Chapter Two, Part 3, of this Development Code.
(20) Structures must be setback a minimum of 50' from an
underground pipeline easement.
(21) Unclassified water bodies. All lots having frontage on or
containing an unclassified water body as defined in Chapter
Six, Shoreland Management Regulations shall be subject to
the setback regulations for unclassified water bodies as
established in the Shoreland Management Regulations.
1.2 Accessory Structures
(1) Required Permits. A building permit is required for all
accessory structures, including temporary structures, except
small sheds that are 120 square feet or less in size and
agricultural buildings on a farm of forty acres or more, as
defined in Minnesota Statute 16B.6. A certificate of
compliance is required for all agricultural buildings and
accessory structures over 1,000 square feet in size.
(2) Performance Standards. The following standards apply in all
districts.
(A) No accessory structure shall be constructed on a
lot prior to construction of the principal structure
unless the property is a rural farm containing forty
(40) acres or more.
(B) An accessory structure shall be considered
attached to the principal building if it is within six
(6) feet or less from the principal building.
(C) No detached accessory structure shall be located
closer to the road right-of-way than the principal
building on a lot unless all of the following
conditions are met:
Chapter Two - Zoning Regulations Part 3 - Performance Standards
Baytown Township Zoning Ordinance 7
(A) The Town Board approves the building
location.
(B) All setbacks are met.
(C) The accessory building is located no closer
than one-half (1/2) the distance between the
principal structure, as measured from the
closest point to the road, and the front setback
line.
(D) The Township may require the applicant to
screen the building with plantings on the sides
of the building to be screened (front sides and
sides facing neighbors). The plants must be
coniferous trees (spruce, fir, arborvitae) at least
four (4) feet tall form the top of the root and
spaced no greater than eight (8) feet apart. The
landowner shall be responsible for care and
maintenance of these trees. The Township
shall determine the number of trees based upon
recommendation of the Township Planner.
Such requirements shall be included as part of
action of the Board on the request for a
certificate of compliance.
(E) The Town Board conducts a public hearing
before making the decision after complying
with the requirements for published and mail
notice as required for standard hearings.
(3) In Agricultural (AG, AP), Residential (RR,SFE), St. Croix
River (SCR) and Transitional (TZ) districts, the following
additional standards apply to all land within these districts:
(A) The permitted size and number of accessory
buildings are as follows:
Size of parcel in
Acres
No. of
buildings
allowed
Total
sq. ft.
Less than 1 acre 1 720 sq. ft.
1-2.49 acres 1 1,000
2.5-5 acres 2 2,000
5.01 acres – 20
acres
2 2.500
20.01+ acres No limit if
agricultural
No limit if
agricultural
(B) One single-story shed of 120 square feet or less is
permitted in addition to the accessory structures
Chapter Two - Zoning Regulations Part 3 - Performance Standards
8 Baytown Township Zoning Ordinance
identified on the table above.
(C) All detached accessory buildings and temporary
structures are to be used for personal use or
agricultural use only. No commercial use or
commercial-related storage is allowed in these
structures.
(D) No land shall be subdivided so as to have a larger
building or structure and/or exceed the total
number of buildings and structures as permitted by
this Zoning Ordinance
(E) Land may be subdivided with a minor subdivision
into parcels of no less than five (5) acres and retain
the existing number and square footage of
accessory structures on the site if they are part of a
farmstead as existed on January 1, 2001, subject to
the following conditions:
a) There shall be no additional accessory
buildings constructed on the property.
b) If any existing accessory buildings
become Hazardous Buildings they shall
be repaired or removed by the owner.
(F) Domestic Farm Animals. Accessory buildings and
structures used to shelter domestic farm animals
must meet the following requirements:
a) All domestic farm animal structures,
feedlots and manure storage sites shall
be setback as follows:
Natural/ Horizontal
Man-Made Features Setbacks
(a) Any property line 100 feet
(b) Any existing well or residential
structure on the same parcel 50 feet
(c) Any existing well or residential
structure on adjacent or nearby parcel 200 feet
(d) Seasonal or year-round body of
surface water 200 feet
Accessory structures used to house
domestic farm animals are subject
to additional regulations.
Chapter Two - Zoning Regulations Part 3 - Performance Standards
Baytown Township Zoning Ordinance 9
b) Said structure, feedlot or manure storage
shall not be placed on slopes which
exceed thirteen (13) percent.
c) Evidence of seasonally high ground
water level or mottled soil (as
established by six (6) foot borings) shall
not be closer than four (4) feet to the
natural surface ground grade in any area
within one hundred (100) feet of the
proposed structure and/or feedlot.
d) No marsh or wetland (as established by
the predominant wetland vegetation
and/or soils) shall be utilized for
placement of the proposed structure,
feedlot or grazing area.
11-3-3: ACCESSORY STRUCTURES:
In all zoning districts, accessory structures shall be subject to the following performance standards:
A. Construction:
1. Accessory structures are prohibited from being taller than or greater in footprint than the principal structure. Building permits
are required for all permanent accessory structures. Temporary accessory structures including tents that consist of metal or
fiberglass poles, metal hoops and PVC, cotton or nylon fabric covering materials are prohibited except as permitted in conjunction
with an approved conditional use, permitted camping area, or special event.
2. In all zoning districts the exterior finishes of accessory structures sized less than one hundred sixty (160) square feet shall be
constructed of quality weather resistant materials consisting of wood, metal, or engineered composite materials that are similar to the
color palette of the principal structure.
3. In all zoning districts the exterior finishes of accessory structures sized greater than one hundred sixty (160) square feet shall
be constructed of quality weather resistant materials in accordance with table 1 of this section:
TABLE 1
ACCESSORY STRUCTURE EXTERIOR MATERIAL STANDARDS
Property
Classification Exterior Finish
AG-1 Wood, metal, split face block, vinyl lap, or engineered cementitious
materials
AG-2 Wood, metal, split face block, vinyl lap, or engineered cementitious
materials that are similar to the color palette of the principal structure
R-1 Wood, metal, split face block, vinyl lap, or engineered cementitious
materials that are similar to the color palette of the principal structure
R-2 The same design, material, and color palette of the principal structure
UR The same design, material, and color of the principal structure
R-2.5 The same design, material, and color of the principal structure
R-2A The same design, material, and color of the principal structure
R-2B The same design, material, and color of the principal structure
R-2C The same design, material, and color of the principal structure
R-2D The same design, material, and color of the principal structure
R-2E The same design, material, and color of the principal structure
R-2F The same design, material, and color of the principal structure
R-3 The same design, material, and color of the principal structure
R-4 The same design, material, and color of the principal structure
R-3 and R-4 non-
MUSA, 3 acres or
greater
Wood, metal, split face block, vinyl lap, or engineered cementitious
materials that are similar to the color palette of the principal structure
R-5 The same design, material, and color of the principal structure
R-6 The same design, material, and color of the principal structure
PUD Site plan review
All properties meeting
agricultural definitions
Wood, metal, split face block, vinyl, or engineered cementitious
materials
Commercial and
industrial Site plan review
(Ord. 903, 5-16-2012)
B. Number And Size: The number and size of accessory structures permitted on any lot shall be determined by the following table
(table 2 of this section). In addition to the accessory structures listed in table 2 of this section, one accessory storage structure, up to
one hundred sixty (160) square feet in size, and swimming pools meeting the criteria established in title 9, chapter 11 of this code
shall be permitted on each lot.
TABLE 2
ACCESSORY STRUCTURE SIZE AND NUMBER STANDARDS
Property Classification Number Total Size
AG-1 2 2,500 sq. ft.
AG-2 2 2,500 sq. ft.
R-1 2 2,500 sq. ft.
R-2 2 2,000 sq. ft.
UR 1 1,200 sq. ft.
R-2.5 1 1,200 sq. ft.
R-2A 1 780 sq. ft.
R-2B 1 780 sq. ft.
R-2C 1 780 sq. ft.
R-2D 1 480 sq. ft.
R-2E n/a n/a
R-2F n/a n/a
R-3 1 1,000 sq. ft.
R-4 1 850 sq. ft.
R-3 and R-4 non-MUSA, 3
acres or greater 2 2,500 sq. ft.
R-5 Site plan review 576 sq. ft. per unit
R-6 Site plan review 576 sq. ft. per unit
PUD 1 1,000 sq. ft.
All properties meeting
agricultural definitions Unlimited 300 sq. ft. per acre
Commercial and industrial Site plan review Site plan review
C. Setbacks: Setbacks for accessory structures shall be determined by the following table (table 3 of this section):
TABLE 3
ACCESSORY STRUCTURE SETBACK REGULATIONS
Property Classification Side Yard Rear Yard Front Yard
AG-1 25 feet 50 feet Behind principal
structure
AG-2 25 feet 50 feet Behind principal
structure
R-1 20 feet 50 feet Behind principal
structure
R-2 20 feet 20 feet Behind principal
structure
UR 6 feet 15 feet Behind principal
structure
R-2.5 6 feet 15 feet Behind principal
structure
R-2A 10 feet 15 feet Behind principal
structure
R-2B, R-2C, and R-2D 15 feet 15 feet Behind principal
structure
R-2A, R-2B, R-2C, and R-
2D adjoining an alley 20 feet 20 feet Behind principal
structure
R-2E and R-2F 50 feet 50 feet Behind principal
structure
R-3 6 feet 10 feet Behind principal
structure
R-4 6 feet 10 feet Behind principal
structure
R-5 Site plan review Site plan review Site plan review
R-6 Site plan review Site plan review Site plan review
PUD 6 feet 15 feet Behind principal
structure
Commercial and industrial Not in required
yards
Not in required
yards
Behind principal
structure
D. Height: Height of accessory structures shall be determined by the following table (table 4 of this section):
TABLE 4
ACCESSORY STRUCTURE HEIGHT STANDARDS
Property Classification Maximum
AG-1 20 feet
AG-2 20 feet
R-1 20 feet
R-2 20 feet
UR 18 feet
R-2.5 18 feet
R-2A, R-2B, R-2C, R-2D, R-2E, R-2F 18 feet
R-3 18 feet
R-4 18 feet
R-5 18 feet
R-6 18 feet
PUD 18 feet
All districts meeting agricultural definitions Unlimited
Commercial and industrial 20 feet
E. Miscellaneous Requirements:
1. Accessory structures greater than that permitted in subsections B and D of this section may be approved by conditional use
permit if in compliance with section 11-2-9 of this title and the following standards are met:
a. There is adequate setback, screening, or topography changes that buffer the proposed structure from adjacent public
roadways or adjacent properties.
b. The proposed building height or building square footage does not exceed the ordinance criteria as specified in subsection B
or D of this section by more than twenty percent (20%) within the metropolitan urban service area (MUSA) and forty percent (40%)
outside the MUSA.
c. Setback distances are increased five feet (5') for each one foot (1') of height or one hundred (100) square feet of size
increase or fraction thereof.
d. If future site development renders the structure nonconforming, the building must be brought into compliance or removed as
a condition of the development approval.
2. No accessory structures shall be constructed on any lot prior to the time of construction of the principal structure to which it is
accessory unless the building is accessory to the ongoing agricultural land use.
3. No accessory structure shall be located nearer the front lot line than is the principal building on the lot, except where the lot
area of the site is five (5) acres or greater. If the lot area is five (5) acres or greater, the principal structure setbacks of the applicable
zoning district will apply.
4. No tent, trailer, camper, motor home or accessory building shall at any time be used as a habitable building. No tent, trailer,
camper, or motor home shall at any time be used as a storage building.
5. The required setback of accessory buildings or structures from the principal structure shall be determined by the building
code as adopted by the city.
6. When a property is developed and an existing accessory structure made nonconforming, the structure must be brought into
conformance as part of the development approval or removed from the property.
7. At-grade structures such as basketball courts, tennis courts, patios, and dog kennels shall meet the established accessory
structure setbacks for the appropriate districts. These structures are not included in the total allowable accessory structure square
footage as regulated in subsection B of this section, as long as the total impervious surface of the lot does not exceed thirty five
percent (35%) of the rear area of the lot measured from the rear building line of the house to the rear lot line.
8. Swimming pools and surrounding apron/decks shall meet the established accessory structure setbacks for the appropriate
districts. These structures are not included in the total allowable accessory structure square footage as regulated in subsection B of
this section, as long as the total impervious surface of the lot does not exceed thirty five percent (35%) of the total rear area of the lot
measured from the rear building line of the house to the rear lot line. (Ord. 796, 6-21-2006)
9. Temporary family healthcare dwellings are prohibited in all zoning districts. (Ord. 966, 8-10-2016)
F. Garage Requirements In All Residential Districts:
1. Four hundred forty (440) gross square feet of garage space per dwelling unit in the R-1, R-2, R-2.5, R-3, R-4, R-5, and R-6
districts is required for single-family homes constructed or relocated after the adoption of this section, with the following exception: A
minimum of one hundred (100) square foot storage shed per dwelling unit is required and must be constructed for licensed
manufactured home parks in the Cottage Grove Estates subdivision and licensed manufactured homes in out lot A of Cottage Grove
Estates addition. This does not prohibit construction of a garage so long as the storage shed does not exceed one hundred sixty
(160) square feet.
2. Two hundred forty (240) gross square feet of garage space per dwelling unit in the R-3, R-4, R-5, and R-6 districts is required
for attached dwellings constructed or relocated after the adoption of this section.
3. A minimum of five hundred seventy six (576) gross square feet of garage space per detached single-family dwelling in the R-
2A, R-2B, and R-2C districts is required.
4. A minimum of four hundred eighty (480) gross square feet of garage space is required for each twin home unit and
townhome unit in the R-2D and R-2E districts.
5. A minimum of three hundred (300) gross square feet of garage space is required for each multi-family dwelling unit in the R-
2F district.
6. The garage floor area attached to the principal structure in any residential district must not exceed one thousand (1,000)
square feet in gross floor area. (Ord. 796, 6-21-2006)
11-9A-5: DEVELOPMENT STANDARDS:
A. Minimum Requirements: The following minimum requirements shall be observed, subject to the additional requirements,
exceptions and modifications set forth in this title:
Lot area 3 acres
Lot width 180 feet
Front yard 30 feet
Rear yard 50 feet
Side yard 25 feet
Side yard, attached garage 20 feet
Maximum structure height 30 feet
Maximum impervious lot coverage 10 percent
B. Cluster Developments: In order to encourage the preservation of environmentally sensitive areas, encourage more efficient
allocation and maintenance of privately controlled open space and more efficiently utilize investment in and maintenance of public
streets, cluster developments in the R-1 district shall be encouraged under the following conditions:
1. No individual lot shall be less than one and one-half (11/2) acres in size, with a minimum of one and one-half (11/2) acres of
land suitable for on site sewage disposal systems. Exceptions to the minimum lot width requirement may be granted.
2. The overall density of the parcel shall not exceed one dwelling unit per three (3) acres.
3. The remaining area shall be permanently preserved as open space. This area may be accepted by the city as fulfillment of
the park dedication requirement of the subdivision regulations, if consistent with the parks and open space element of the
comprehensive plan. If not so dedicated, the open space shall be placed under control of a homeowners' association or other
appropriate jurisdiction. Deed restrictions requiring the permanent preservation of these areas as open space shall be recorded
before building permits for lots in a cluster development may be issued. (Ord. 939, 2-4-2015)
11-8A-2: PERMITTED USES:
No structure or land shall be used except for one or more of the following uses:
1. Commercial agriculture and horticulture.
2. Farm buildings and pole barns.
3. Farm drainage and irrigation systems.
4. Feedlots and poultry facilities.
5. Forestry.
6. One single-family detached dwelling per each forty (40) acres, on a separately owned parcel. Any parcel of land that has thirty
seven and one-half (37.5) acres or more, after deducting road right of way, and variations due to longitude and latitude deviations,
complies with the forty (40) acre requirement.
A. Lot Dimensions And Setbacks:
Lot area 1 1/2 acres
Lot width 180 feet
Front yard 100 feet
Side yard 25 feet
Rear yard 50 feet
B. Lot Depth: A new parcel subdivided after August 19, 1981, must not have a lot depth more than three (3) times greater than
the lot width.
C. Sewage Disposal: The lot must have an acceptable on- site sewerage disposal area of at least one and one-half (11/2) acres
on a slope of less than thirteen percent (13%).
D. Location Of Nonfarm Structures: No nonfarm structure may be located closer than three hundred feet (300') from the nearest
accessory farm building or property regularly used as pasture for livestock.
E. Location Of Driveways: The lot shall be located in such a manner that no driveways may be located within three hundred feet
(300') of an intersection of a minor arterial with another road or within one hundred fifty feet of an intersection of two (2) collector
streets. (Ord. 617, 8-2-1995)
current taxes the following year or in annual installations not exceeding 10 as the Council may determine in each case.
Subd. 15 Penalty.
The offending party will be issued an administrative citation for the unsatisfactory condition at the time the written notice of
violation is given. The City may also enforce M.S. § 169.42 with the maximum penalty for a misdemeanor as prescribed by
state law.
Subd. 16 Compensatory Action.
In lieu of enforcement proceedings, penalties and remedies authorized by this section, the City may impose alternative
compensatory actions upon a violator, such as storm drain stenciling, attendance at compliance workshops, creek cleanup
and the like.
(Ord. 2007-03, passed 4-10-07)
1001.35 ACCESSORY BUILDINGS AND STRUCTURES.
Subd. 1 Purpose.
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.
Subd. 2 General Regulations
(1) No accessory building or structure shall be permitted on any lot, in any district, prior to the time of construction of the
principal building to which it is accessory, except for a building devoted exclusively to agricultural use, and on a parcel of
land at least 10 acres in size and zoned A-l or A-2 or 20 acres in size and zoned S-A.
(2) The City Council may allow the construction of an accessory building prior to the principal structure being constructed
if a building permit is taken out for both structures and an appropriate escrow deposit and agreement is made between the
applicant and the City to provide for forfeiture in the event the principal structure is not built within the time specified.
(3) All accessory storage buildings 200 square feet in area or less except those used for agricultural purposes shall be
located in the rear yard between the rear property line and the rear of the main structure no closer than 5 feet to any
property line or 20 feet to a side lot line, if adjacent to any public street right-of-way.
(4) In case an accessory building is attached to the main building it shall be made structurally a part of the main building
and shall comply in all respects to the main building. An accessory building, unless attached to and made a part of the main
building shall not be closer than 10 feet to the main building, except as otherwise provided in this Subsection.
(5) Accessory building design requirements:
a. The exterior materials of the proposed accessory building shall be complementary in color, texture or materials and
of equal or greater quality with those of the principal dwelling. No accessory building shall be constructed of canvas, plastic,
fabric or other similar nonrigid materials.
b. In all Residential Zoning Districts, no post frame construction shall be constructed in whole or in part on lots less than
80,000 square feet. For purposes of this section, a post frame construction is defined as a structure, the basic support and
framework of which is provided by wooden poles inserted vertically into the ground similarly to telephone poles.
c. Architectural metal siding can be used as a permitted material provided it is complementary in color to the principle
structure. Any exposed screws or fasteners shall match the color of the siding. Roof material shall be asphalt shingles or
standing seam metal roof material.
d. Vertical siding shall be in 2 colors on all 4 sides of the structure. Horizontal siding shall match the principle structure
and include trim or other design element to provide a visual break in the siding.
e. The accessory building shall include design elements that match the principal structure. This shall include additional
accenting through the use of a porch, complementary building trim, window/door trim, dormer, wainscoting, or other
elements that are complementary to the principle building.
f. Any application for a post frame construction accessory structure in residential districts shall require a site plan review
and approval by the Planning Commission prior to issuance of a building permit and shall be accompanied by a color photo
of the existing primary structure on site and a colored elevation plan of the proposed accessory structure with exterior
building materials indicated. A fee for site plan review by the Planning Commission to cover administrative costs shall also
accompany the application and shall be determined by the current adopted Fee Schedule.
(6) For Commercial and Industrial Districts, the exterior materials shall meet the exterior building materials requirements
as specified in this Code.
(7) All accessory storage buildings in any zone, shall be maintained and kept in a neat and orderly fashion, specifically,
structurally sound, no excessive flaking or peeling; if a metal building, no excessive rusting upon or through the walls, floor
or roof. Any building which is not so maintained shall be removed by the property owner or upon due notice, the building
may be removed by the City at the property owner’s expense.
(8) No permanent accessory storage building shall be located in any public utility easement or easements of record.
Where any question arises as to the location or design of accessory buildings, the City Administrator or designee may refer
the matter to the City Council for final determination.
(9) All accessory buildings shall be suitably anchored to the ground.
(10) Any accessory building in excess of 200 square feet shall require a building permit issued by the City of Dayton and
shall be constructed to the standards of the Minnesota State Building Code.
(11) For the purpose of this Subsection, gazebos, decks, patios, and other unenclosed residential uses of property similar
in nature shall be excluded from the definition of the term accessory building.
(12) Consideration shall be given to provide for the future expansion and/or replacement of the septic system. Any
application for an accessory structure in a non-sewered site shall be accompanied by a certified septic compliance certificate
and a site plan showing both the primary and a secondary site suitable for a septic system. The City may deny the
requested permit or alter the location to account for future septic system needs.
(13) No accessory building or structure shall be permitted on any lot, in any district, without an approved building permit
and/or site plan and a declaration of use statement signed by the applicant.
(14) Accessory buildings are not permitted in Mixed Use or Business Districts.
Subd. 3 Conditional Use Permits.
Application for a conditional use permit under this chapter shall be regulated by Subsection 1001.23 of this Code. Such a
conditional use permit may be granted provided that:
(1) There is a demonstrated need and potential for continued use of the structure for the purpose stated.
(2) 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.
(3) No accessory buildings shall be constructed in Business Districts zoned B-1, B-2, B-3, B-4 or Mixed Use Districts
zoned V-M, H-M, 125th Avenue-M without a CUP.
(4) The accessory building has an evident reuse or function related to a single-family residential environment in urban
service areas, agriculture environment in nonurban service areas, business or industrial use in urban areas of the City.
(5) 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.
(6) The performance standards and criteria of Subsection 1001.14 of this Code shall be considered and a determination
made that the proposed activity is in compliance with such criteria.
(7) There is a demonstrated need and potential for an accessory structure taller than the principal structure in all
Residential, Mixed Use, Commercial and Industrial zoned districts.
Subd. 4 Agricultural Districts
(1) Conditional use permit. No building permit shall be issued for the construction of detached accessory buildings on an
agriculture parcel exceeding the limits stated below, except by conditional use permit.
(2) Site plan approval.
a. Building permit required. Detached accessory buildings greater than 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.
(3) Setbacks and encroachment.
A-1, Agricultural District
A-2, Agricultural District
S-A, Special Agricultural District
Setbacks
Front, side or rear to a street 30 feet
Front, side or rear to an
arterial street 50 feet
Side yard 10 feet
Rear yard 10 feet
*Accessory building height shall not exceed the principle dwelling height
(4) Accessory building performance standards.
a. Accessory buildings and structures constructed for agricultural purposes in Agricultural Districts (A-1, A-2, S-A) are
permitted as impervious coverage allows in Section 1001.05 Subd. 9 and Subd. 10.
b. On parcels of less than 1 acre there shall be no more than 2 detached accessory structures and the total area of all
detached accessory buildings shall not exceed the footprint of the principal dwelling.
c. The footprint of the principal building includes attached garage area, if any.
d. The exterior materials for residential accessory buildings must be comparable to the exterior materials of the
principal dwelling. Residential accessory buildings shall have eaves and overhangs.
e. No new accessory structures are permitted on the non-homestead outlot. Existing structures at the time of creation
of the outlot will become legal non-conforming structures.
Subd. 5 Residential Districts
(1) Conditional use permit required. No building permit shall be issued for the construction of more than 1 detached
accessory building on a single parcel in addition to 1 private garage (attached or detached), except by conditional use
permit.
(2) Site plan approval.
a. Building permit required. Detached accessory buildings greater than 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.
(3) Setbacks and encroachment.
R-1, Single-Family Residential District (less than 50,000 sq. ft.)
R-1A, Single-Family Residential District with Lot Averaging
R-3, Single-Family Attached and Detached
Front, side or rear to a street 30 feet*
Front, side or rear to an arterial street 50 feet
Side yard 5 feet
Rear yard 5 feet
Height 16 feet**
Size limit 800 square feet
* Cannot be placed in front yard
** Cannot exceed the height of the principal structure
R-1, Single-Family Residential District (more than 50,000 sq. ft.)
Front, side or rear to a street 30 feet*
Front, side or rear to an arterial street 50 feet
Side yard 5 feet
Rear yard 5 feet
Height 35 feet**
Size limit 1,200 square feet
* Cannot be placed in front yard
** Cannot exceed the height of the principal structure
R-2, Single Family Residential District
R-E, Single Family Estate Residential District
Front, side or rear to a street 30 feet*
Sec. 90-94. - Agricultural district (AG).
(a) Purpose. The agricultural district (AG) is to provide an area for the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forages, grains, timber, trees, or bees and apiary products, and other uses dependent on the inherent productivity of the land. Single-family detached housing at a density of one unit per ten gross acres is also permitted.
(b) Permitted uses. The following are permitted in the AG district:
(1) Agriculture, including sale of produce grown on premises.
(2) Daycare facilities, as defined by statute (refer to section 90-220).
(3) Essential public services (refer to section 90-223).
(4) Feedlots (refer to section 90-226).
(5) Indoor riding arenas (refer to section 90-235).
(6) Plant nurseries, wholesale (refer to section 90-256).
(7) Recreational fields, structures and buildings, city only.
(8) Residential facility (community residence) with one to six individuals (refer to section 90-218).
(9) Single-family detached residential dwellings (refer to section 90-266).
(c) Accessory uses. The following are permitted accessory uses in an AG district:
(1) Accessory buildings (refer to section 90-204).
(2) Accessory dwelling unit (refer to section 90-277).
(3) Exterior storage (refer to section 90-224).
(4) Farm and garden produce sales (refer to section 90-225).
(5) Farmhand living quarters (refer to section 90-276).
(6) Fences (refer to section 90-227).
(7) Garages, private (refer to section 90-230).
(8) Home occupations (refer to section 90-232).
(9) Horse training and boarding facilities, private (refer to section 90-233).
(10) Kennels, commercial (refer to section 90-236).
(11) Kennels, hobby (refer to section 90-237).
(12) Lighting, outdoor (refer to section 90-239).
(13) Livestock and livestock operation (refer to section 90-241).
(14) Parking and loading areas (refer to section 90-253).
(15) Signs (refer to section 90-265).
(16) Water-oriented accessory structure (refer to section 90-270).
(d) Conditional uses. Following are conditional uses allowed in the AG district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.
(1) Accessory apartments (refer to section 90-203).
(2) Antennas (refer to article VI, division 2, of this chapter).
(3) Balloon ports, commercial (refer to section 90-209).
(4) Bed and breakfast business (refer to section 90-210).
(5) Campgrounds (refer to section 90-211).
(6) Cemeteries (refer to section 90-214).
(7) Commercial recreational, outdoor.
(8) Golf courses (refer to section 90-231).
(9) Horse training and boarding facilities, commercial (refer to section 90-233).
(10) Hunt and gun clubs (refer to section 90-234).
(11) Marinas, commercial (refer to section 90-244).
(12) Marinas, private (refer to section 90-245).
(13) Mining and excavation (refer to section 90-247).
(14) Places of worship (refer to section 90-254).
(15) Plant nurseries, retail (refer to section 90-255).
(16) Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).
(17) Schools (refer to section 90-260).
(18) Solar energy systems (refer to section 90-278).
(19) Wind-powered generator (refer to section 90-271).
(e) Area requirements and construction limitations. The following minimum requirements shall be observed in an AG district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 10 acres
Minimum lot width at front setback line 300 ft.
Minimum lot width for corner lots 300 ft.
Minimum lot depth 480 ft.
Minimum lot depth-double frontage lot 480 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 20 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by buildings 20%
Maximum lot area to be covered by impervious surface 35%
Minimum building size of principal building 960 sq. ft.
Maximum garage size Refer to section 90-230
Maximum size of accessory buildings, excluding garages Refer to section 90-204
(Prior Code, § 1050; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015)
Sec. 90-204. - Accessory buildings.
(a) It is unlawful for any person to construct or replace an accessory building in any district in the city, except in conformance with this chapter.
(b) A site plan must be submitted for approval by the community development director or designee before a permit is issued for any accessory building.
(c) One accessory storage shed is allowed per lot with a maximum size less than 120 square feet in addition to the number and size of accessory buildings listed in this section.
(d) Setbacks for accessory buildings less than 120 square feet and located in the urban residential zoning districts are as follows:
(1) Ten foot rear yard setback
(2) Six foot side yard setback
(3) Shall be outside all drainage and utility easements.
(e) All accessory buildings 120 square feet or larger, are to be in conformance with all building setbacks.
(f) Accessory buildings, up to the maximum number and size listed in this section are permitted as an accessory use in all residential and agricultural districts of the city. Accessory buildings of up to 125 percent of the size permitted may be allowed by conditional use permit, if no variance is required for their construction. The number and size of accessory buildings permitted are as follows:
Lot size
Maximum number of
accessory buildings
allowed
Maximum combined size
of accessory buildings
(square feet)
Under 1.5 acre 1 260
1.5 to 2.99 acres 2 1,500
3 to 4.99 acres 2 2,000
5 to 9.99 acres 2 3,500
10 or more acres 3 5,000
(g) Garages allowed under sections 90-229 and 90-230 are permitted in addition to accessory buildings. Detached garages are considered accessory buildings and are subject to all requirements of this
section. For residential properties without an attached garage, an additional 500 square feet, and an additional building shall be allowed beyond the maximum size and number of buildings referenced in the table above.
(h) Except for agricultural buildings, no accessory building may exceed in size or height, the size or height of the principle building on a lot, or be located within six feet of another building.
(i) Except in the agricultural and long-term agricultural zoning districts, no accessory building shall be
located or protrude in front of the principle building on the site, in relation to any public street.
(j) All accessory buildings shall resemble, in style, materials, color, roofline, and siding type, the principle building on the lot, except the following building types may vary from this standard:
(1) Accessory buildings located in the agricultural and long-term agricultural zoning districts.
(2) Accessory building under 120 square feet in size.
(3) Horse stables and riding arenas.
(4) Greenhouses.
(5) Gazebos and decorative shelters.
(6) Historic buildings.
(7) Buildings, constructed as part of a planned unit development, which are subject to an overall site plan prepared by a registered architect.
(k) Any accessory building located in a commercial or industrial zoning district shall have an approved site plan from the community development director prior to the issuance of a building permit. The maximum number and size of buildings permitted shall be determined on a case by case basis. Accessory buildings shall not dominate the streetscape, restrict views across the property, and shall not alter the character of the area.
(l) All accessory buildings located in commercial and industrial zoning districts shall be of the same style, materials, color, roofline, and siding type as the principle building on the lot. Building types listed under subsection (j), (1)—(7) of this section may vary from this standard.
(m) Accessory buildings shall not have indoor plumbing such that it would allow the structure to be used as living space, which would constitute a dwelling.
(n) Other provisions of this chapter notwithstanding, there is no limit to the number or size of agricultural buildings allowed on parcels of land 20 acres or more in size located in the agricultural, long-term agricultural, and rural residential zoning districts.
(o) Any property zoned R-l, RR, AG, or FUS that is less than three acres in size shall be allowed two accessory buildings with a maximum combined size of 1,500 square feet, and shall not be subject to the requirements as stated in the table outlined in subsection (f).
(Prior Code, § 1195-030.1; Ord. 2009-429, § 1, 6-15-2009; Ord. No. 2015-470, § 3, 5-4-2015)
Sec. 90-95. - Rural residential district (RR).
(a) Purpose. The rural residential district (RR) is to provide a location for single-family detached housing on parcels of land served by private well and septic systems at a density of one home per ten gross acres. Continued use of land for agricultural pursuits listed below will be permitted.
(b) Permitted uses. The following are permitted in the RR district:
(1) Agriculture, including sale of products grown on premises.
(2) Daycare facilities, as defined by statute (refer to section 90-220).
(3) Essential public services (refer to section 90-223).
(4) Indoor riding arenas (refer to section 90-235).
(5) Plant nurseries, wholesale (refer to section 90-256).
(6) Recreational fields, structures and buildings, city only.
(7) Residential facility (community residence) with one to six individuals (refer to section 90-218).
(8) Single-family detached residential dwellings (refer to section 90-266).
(c) Accessory uses. The following are permitted accessory uses in a RR district:
(1) Accessory buildings (refer to section 90-204).
(2) Accessory dwelling unit (refer to section 90-277).
(3) Exterior storage (refer to section 90-224).
(4) Farm and garden produce sales (refer to section 90-225).
(5) Feedlots (refer to section 90-226).
(6) Fences (refer to section 90-227).
(7) Garages, private (refer to section 90-230).
(8) Home occupations (refer to section 90-232).
(9) Horse training and boarding facilities, private (refer to section 90-233).
(10) Lighting, outdoor (refer to section 90-239).
(11) Livestock and livestock operation (refer to section 90-241).
(12) Parking and loading areas (refer to section 90-253).
(13) Signs (refer to section 90-265).
(14) Water-oriented accessory structure (refer to section 90-270).
(d) Conditional uses. Following are conditional uses allowed in a RR district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.
(1) Accessory apartments (refer to section 90-203).
(2) Antennas (refer to article VI, division 2, of this chapter).
(3) Balloon port, commercial (refer to section 90-209).
(4) Bed and breakfast business (refer to section 90-210).
(5) Campgrounds (refer to section 90-211).
(6) Cemeteries (refer to section 90-214).
(7) Commercial recreation, outdoor.
(8) Farmhand living quarters (refer to section 90-276).
(9) Golf courses (refer to section 90-231).
(10) Horse training and boarding facilities, commercial (refer to section 90-233).
(11) Kennels, hobby (refer to section 90-237).
(12) Marinas, commercial (refer to section 90-244).
(13) Marinas, private (refer to section 90-245).
(14) Places of worship (refer to section 90-254).
(15) Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).
(16) Schools (refer to section 90-260).
(17) Solar energy systems (refer to section 90-278).
(18) Wind-powered generator (refer to section 90-271).
(e) Area requirements and construction limitations. The following minimum requirements shall be observed in an RR district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 10 acres
Minimum lot width at front setback line 300 ft.
Minimum lot width for corner lots 300 ft.
Minimum lot depth 480 ft.
Minimum lot depth-double frontage lot 480 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 20 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by buildings 30%
Maximum lot area to be covered by impervious surface 50%
Minimum building size of principal building 960 sq. ft.
Maximum garage size Refer to section 90-230
Maximum size of accessory buildings, excluding garages Refer to section 90-204
(Prior Code, § 1055; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, §§ 1, 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015)
XI-1
ARTICLE XI. RURAL DISTRICTS
§ 154.400 PURPOSE.
The rural districts are established to provide guidance for existing rural development that is
served primarily by on-site wastewater treatment facilities in Lake Elmo. The objectives of these
districts are to preserve and enhance the quality of living in the existing rural areas, as well as
regulate structures and uses which may affect the character or desirability of these areas. The
rural districts and their purposes are as follows:
A. RT Rural Development Transitional District. The RT District is an interim holding zone
that will regulate land uses within those portions of the City planned and staged for
development that will connect to regional sewer service in accordance with the
Comprehensive Plan. The future zoning classification for areas zoned RT and the timing
for any zoning map amendments to rezone property in this district will be determined by
the City Council upon the extension of public sanitary sewer and water services into these
areas. In the meantime, agricultural and existing residential uses will be allowed to
continue in addition to other uses that are consistent with the A and RR zoning districts.
B. A Agricultural District. The A District will apply to agricultural or undeveloped areas in
Lake Elmo, including any newly annexed areas. The purpose of the district is to allow for
agricultural and other activities typically associated with agriculture, including non-farm
dwellings at a density of 1 unit per 40 acres. Future residential development may occur at
the aforementioned density or through the Open-Space Preservation Development
process. These parcels are expected to be served by on-site wastewater treatment
facilities. In addition, some limited agriculture-related businesses, such as wayside stands
and outdoor recreation, are appropriate short-term or interim uses for this district.
C. RR Rural Residential District. The RR District is established for lands that have existing
small-scale agricultural activity, as well as single-family residential dwellings. Future
residential development may occur at a density of 1 dwelling unit per 10 acres, or through
the Open-Space Preservation Development process. These sites are expected to be served
by on-site wastewater treatment facilities. Some limited agriculture-related businesses,
such as wayside stands, are appropriate as interim uses for this district.
D. RS Rural Single Family District. The RS District is established for lands that have
already been platted as conventional residential subdivisions prior to the 2005 adoption of
the Comprehensive Land Use Plan. This district provides an environment of
predominantly single-family detached dwellings on moderately sized lots in areas that
have typically not been provided with public sanitary sewer services.
E. RE Residential Estate District. The purpose of the RE District is to allow for single-
family detached dwellings on large lots. The large lots and setbacks provide for an open-
space environment that is consistent with the rural character of Lake Elmo. Planned
residential subdivisions are allowed on a minimum of 20 acres (nominal) with an average
subdivision density of 3.33 acres per residential unit. Lot sizes should be adequate to
provide for on-site wastewater treatment.
XI-2
(Ord. 2012-073, passed 3-19-2013)
§ 154.401 PERMITTED, CONDITIONAL, AND INTERIM USES.
Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. “P”
indicates a permitted use, “C” a conditional use, and “I” an interim use. Uses not so indicated
shall be considered prohibited. Cross-references listed in the table under “Standards” indicate the
location within this Ordinance of specific development standards that apply to the listed use.
A. Combinations of Uses. Principal and accessory uses may be combined on a single parcel.
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Residential Uses
Household Living
Single-Family Detached Dwelling P P P P P 154.404 (A)
Secondary Dwelling - P - - - 154.404 (D)
Services
Self Service Storage Facility Ia Ia - - - 154.404 (G)
Outdoor Recreation 1)
Outdoor Recreation Facility - C - - - 154.306 (C)
Parks and Open Areas P P P P P 154.012 (B) (7)
Restricted Recreation - C - - - 154.306 (B)
Agricultural and Related Uses
Agricultural Entertainment Business I I I - - 154.914
Agricultural Production P P P - - 154.012 (B) (9)
Agricultural Sales Business I I I - - 154.913
Agricultural Services C C
p
- - - 154.404 (J)
Forestry Operations - P - - - 154.012 (B) (9)
Greenhouses, Non Retail C C C - - 154.012 (B) (9)
Wayside Stand P P
PP
P - - 154.012 (B) (9)
Industrial and Extractive Uses
Motor Freight and Warehousing Ia - - - - 154.404 (G)
Alternative Energy
Solar Farm I C C - - 154.308 (A)
Wind Generator – Ground Mounted C C C C C 154.308 (B)
Wind Generator – Roof/Structure Mounted C C C C C 154.308 (B)
Accessory Uses
Bed and Breakfast P P P P P 154.310 (A)
Domestic Pets P P P P P
P
154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.310 (E)
Kennel, Private C C C - - 154.012 (B) (12)
XI-3
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Solar Energy Systems P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
Water-Oriented Accessory Structures P P P P P 154.800
Wind Generator – Ground Mounted C C C C C 154.308 (B)
Wind Generator – Roof/Structure Mounted C C C C C 154.308 (B)
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P P P P P
Commercial Wedding Ceremony Venue I I I 154.310 (D)
Open Space Preservation Development
OP Development - C C - - Article 16
Notes to Rural Districts Table 9-1
a. Non-Agricultural Low Impact Use (see 154.404 (G))
Note: Standards listed in Table 9-1 are listed by Article, Section and Subsection.
(Ord. 2012-073, passed 3-19-2013) (Ord. 08-136, passed 6-14-16)
(Ord. 08-107, passed 5-6-2014) (Am. Ord. 08-198, passed 2-7-2018) (Am. Ord. 08-199, passed
2-7-2018) (Am. Ord. 08-197, passed 2-7-2018)
§ 154.402 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 9-2, Lot Dimension and Setback
Requirements.
Table 9-2: Lot Dimension and Setback Requirements, Rural Districts
RT A RR RS RE
Minimum Lot Area (acres)
Single Family Detached Dwelling 20 40a,b 10c 1.5d 2.5e,f
Minimum Lot Width (feet)
Single Family Detached Dwelling 300 300 300 125 NAf
Maximum Principal Structure Height (feet)i 35 35 35 35 35
Table 9-2: Lot Dimension and Setback Requirements, Rural Districts
RT A RR RS RE
Maximum Impervious Coverage - - - 25% 15%
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Minimum Principal Building Setbacks (feet) h,i
Front Yard 30 200 30 30 100
Interior Side Yard 10 200 10 10 50
Corner Side Yard g 25 200 25 25 80
Rear Yard 40 200 40 40 100
Minimum Accessory Building Setbacks (feet)h,i
Front Yard 30 200 30 30 100
Interior Side Yard 10 200 10 10 15
Corner Side Yard 25 200 25 25 30
Rear Yard 40 200 40 10 15
Minimum Agricultural Related Setbacks (Animal buildings, feedlots or manure storage sites)
Any Property Line 200 200 200 - -
Any Existing Well or Residential Structure 50 50 50 - -
Any Body of Seasonal or Year-round Surface
Water
200 200 200 - -
Notes to Rural Districts Table 9-2
a. 1 dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm
dwellings (1 per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: a 40-acre parcel not reduced by more than 10% due to road rights-of-
way and survey variations.
c. Nominal 10 acres: a 10-acre parcel not reduced by more than 10% and/or a 10-acre parcel
located on a corner or abutting a street on 2 sides not reduced by more than 15% due to
road rights-of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet
per residential unit.
e. A minimum of 1.25 acres of land above the flood plain or free of any drainage easements is
required.
f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio
of lot length to width shall be a maximum of 3:1 – Flag lots are prohibited.
g. Corner properties: The side façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. 154.915 should be referenced for these
specific standards.
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i. Ground-mounted wind generators may exceed the allowable height restriction designated
in all rural districts and are subject to different setback requirements as identified in section
154.308.
(Ord. 2012-073, passed 3-19-2013; Am. Ord. No. 08-198, passed 2-7-2018; Am. Ord. 08-199,
passed 2-7-2018)
§ 154.403 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN
SPACE.
A. Lot Configuration, RR District. All lots must be rectangular in shape and any 2 adjacent
sites must have an aspect ratio not exceeding 4:1.
(Ord. 2012-073, passed 3-19-2013)
§ 154.404 SITE DESIGN AND DEVELOPMENT STANDARDS.
Development of land within the rural districts shall follow established standards for traffic
circulation, landscape design, parking, signs and other considerations as specified in Articles 7,8
and 9. (Ord. 08-152, passed 10-01-2016) The following standards apply to specific uses, and are
organized by district.
A. Single-Family Detached Dwelling, All Rural Districts. All single-family dwellings shall
be at least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in
area, and be placed on a permanent foundation.
B. Septic Drainfield Regulation, A, RR, and RS Districts. All applicants for a use or building
permit in any district not served by public sanitary sewer must demonstrate that an on-site
sewage treatment system (Primary and Secondary Location) as approved by Washington
County can be installed in accordance with Washington County Subsurface Sewage
Treatment System Regulations.
C. Septic Drainfield Regulation, RE District. All applicants for a use or building permit in
any district not served by public sanitary sewer must demonstrate that an on-site sewage
treatment system (Primary and Secondary Location) as approved by Washington County
can be installed in accordance with Washington County Subsurface Sewage Treatment
System Regulations.
D. Secondary Dwelling, A District. One non-farm dwelling per each 40 acres, or part of a
dwelling on a prorated basis, not already containing a farm or non-farm dwelling, is
permitted provided:
1. The dwelling unit is located on a separate parcel of record in the office of the
County Recorder and/or County Auditor, which shall be at least 1-1/2 acres in
size;
2. The parcel on which the dwelling unit is located must have at least 125 feet of
frontage along a public street, be rectangular in shape and no dimension to be
greater than 3 times the other; and
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3. The dwelling is separated by at least 300 feet from the nearest farm building.
E. Parking Standards, A, RR and RS Districts. 3 space of off-street parking required per
dwelling unit.
F. Parking Standards, RE District
1. 2 enclosed spaces minimum (200 square feet minimum per space).
2. 2 exterior spaces within minimum setback of 50 feet from any property line.
G. Non-Agricultural Low Impact Use, A, RT Districts. The City recognizes that allowing
non-agricultural low impact uses, strictly controlled and regulated by Interim Use Permit,
might allow a farmer or large property owner an economical use of his or her property
that is zoned Agricultural. The following standards may apply to these types of uses.
1. All of the property owner’s real estate that is contiguous to the non-agricultural
low impact use must be zoned Agricultural and remain so zoned while the
conditional use permit is in effect.
2. The area where the non-agricultural low impact use is located shall be legally
defined and approved by the city and is hereafter known as the “Non-Ag Area.”
The Non-Ag Area shall not exceed 4% of the property owner’s contiguous
agricultural zone gross lot area. The building footprints and asphalt and concrete
surfaces within the Non-Ag Area shall not exceed 1.5% of the property owner’s
contiguous agricultural zone gross lot area. Landscaping, berms, ponds, gravel
driveways, and other improvements that would otherwise be permitted in the
Agricultural zone may be located outside of the Non-Ag Area.
3. Non-agricultural low impact uses shall only be allowed on a parcel of a nominal
40 acres or larger.
4. Non-agricultural low impact uses shall not generate more than 3 trips per day per
acre of contiguous agriculturally zoned area, with the exception of land with sole
access to Hudson Boulevard that shall not generate more than 6 trips per day per
acre.
5. Any uses under this section involving the outside storage of vehicles, equipment,
or goods shall be located a minimum of 200 feet from any public roadway or
adjacent landowner’s boundary, except that the setback from the I-94 frontage
road shall be not less than 50 feet. In addition, any such outside storage shall be
screened from view from adjacent property and the public roadway by berms and
landscaping. A plan for such screening shall be submitted with the application for
the Interim Use Permit which shall clearly demonstrate by view cross-sections
that said screening will be effective immediately, and in all seasons. Degradation
of such screening by loss of landscape materials, outdoor storage of items that
exceed the screened height or for any other reason shall be grounds for rescinding
the outdoor storage portion of the Interim Use Permit.
6. Non-agricultural low impact uses may not generate more than 3.0 SAC units per
3.5 acres or 235 gallons per day per net acre of land based upon design capacity
of facilities, whichever is more restrictive.
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7. The property owner shall maintain the remaining land or farm outside of the IUP
Area in accordance with the permitted uses of the Agricultural zoning district and
the required practices of the Soil and Water Conservation District.
8. Rate and volume of stormwater runoff must meet the requirements of the City’s
Stormwater Ordinance.
9. In the event that the property owner, or future property owner, initiates a
Comprehensive Plan amendment and rezoning of any or all of the contiguous real
estate from Agriculture to a more intensive use, the Interim Use Permit shall
terminate and all non-conforming structures shall be removed from the site within
1 year from the date of the City Council’s adoption of the Comprehensive Plan
amendment and rezoning, unless the City agrees otherwise. This section shall not
apply if the City initiates rezoning or if property owner is forced to transfer title to
any part of the contiguous real estate due to eminent domain.
10. All conditional use permits granted to a non-agricultural low impact shall be
reviewed on an annual basis, and may be rescinded, after a 2-week notice and a
public hearing, if the Council finds that the public health, safety, or welfare is
jeopardized.
11. The standards for buildings or structures, as listed in the minimum district
requirements of the Agricultural Zone, shall not apply to structures built prior to
the effective date of this chapter.
H. Unserviced Lots, RT, A, RR Districts. All lots that are subdivided without city sewer and
public water service shall meet the following standards:
1. Lots, houses and other structures, driveways and any new streets shall be located
in compliance with the comprehensive plan and any more detailed area plans for
future roads, public water services, and drainage.
2. The Planning Commission may require a sketch plan showing how the entire tract
could be divided when city services become available. Lots and buildings shall be
sited and streets shall be laid out to facilitate future subdivision.
I. Commercial Kennel, Commercial Stable, or Accessory Kennel or Stable, RT, A, RR
Districts. The facility shall occupy a site at least ten (10) acres in size. Outdoor exercise
areas shall be located at least 100 feet from adjacent properties; landscaping or other
screening may be required.
J. Agricultural Services and Support, RT, A Districts
1. A facility established after the effective date of this ordinance shall have direct
access to a collector or higher classification street.
2. An appropriate transition area between the use and adjacent property may be
required, to include landscaping, screening and other site improvements
consistent with the character of the neighborhood.
3. All processing of animal or dairy products shall take place within an enclosed
building.
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(Ord. 2012-073, passed 3-19-2013)
§ 154.405 ACCESSORY USES AND STRUCTURES.
Accessory uses are listed in the Rural District Use Table as permitted or conditional accessory
uses. Accessory uses and structures in the rural districts shall comply with the following
standards and all other applicable regulations of this ordinance:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior
to the time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and
customarily associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
D. Function. The accessory use or structure shall contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
E. Location. The accessory use or structure shall be located on the same zoning lot as the
principal use or structure.
F. Exemption. Fish houses as defined in this code and located in the RS Rural Single
Family District are exempt from this requirement provided the following criteria are met:
must be located on a lot half acre in size or more with direct access to a water body; is
120 square feet or less; and complies with Shoreland regulations and RS Rural Single
Family setback requirements. One fish house per lot may exist without a principal
structure. The structure must maintain a current fish house license with the Minnesota
Department of Natural Resources regardless if it is left on a water body overnight. If a
current Minnesota Department of Natural Resources Fishouse License is not obtained for
the structure, the structure must be removed from the property within 60 days.
(Ord. 2012-073, passed 3-19-2013; Am. Ord. 08-138, passed 6-21-2016)
§ 154.406 ACCESSORY STRUCTURES, RURAL DISTRICTS.
A. Size and Number. The maximum number and size of accessory buildings permitted in
rural zoning districts are outlined in Table 9-3:
Table 9-3: Accessory Buildings, Rural Zoning Districts
Lot Size
Maximum Structure
Sizea (square feet)
No. of
Permitted Bldgs
under 1 acre 1,200 1
1 – 1.99 acres 1,500 1
2 – 4.99 acres 1,750 1
5 – 9.99 acres 2,000 2
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10 – 14.99 acres 2,500 2b
15 – 19.99 acres 3,000 2b
20 – 39.99 acres 4,000 2b
40+ acres Unregulated c Unregulated c
Notes to Table 9-3
a. Maximum structure size accounts for the total maximum area allowed for all permitted
accessory structures combined.
b. One agricultural building, as defined in §154.213, is allowed in addition to the
permitted number and size of accessory structures.
c. Agricultural buildings, as defined in §154.213, are allowed in addition to up to two
permitted accessory structures which total 4,000 square feet.
B. Structure Height, Rural Districts. No accessory building shall exceed the height of the
principal structure, with the exception of agricultural buildings, as defined in §154.213.
Building projections or features on accessory structures that are not agricultural buildings
as defined in §154.213, such as chimneys, cupolas, and similar decorations are permitted
in rural districts.
C. Structure Location, Rural Districts. No detached garages or other accessory buildings
shall be located nearer the front lot line than the principal building on that lot.
D. Exterior Design and Color. The exterior building materials, design and color of all
accessory building or structures shall be similar to or compatible with the principal
building, with the exception of the following accessory building or structures:
1. Detached domesticated farm animal buildings
2. Agricultural buildings
3. Pole buildings, as defined and regulated in §154.214.
4. Gazebos
5. Swimming pools
6. Other structures in which the required design is integral to the intended use, such
as a greenhouse.
E. Attached Garages, Size. Attached garages must not exceed the footprint size of the
principal building.
(Ord. 08-104, passed 3-18-2014; Am. Ord. 08-138, passed 6-21-2016; Am. Ord. 08-210, passed
5-15-2018) Penalty, see § 154.999
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§ 154.407 ACCESSORY USES.
A. Exterior Storage in Residential Districts. All materials and equipment shall be stored
within a building or be fully screened so as not to be visible from adjoining properties,
except for the following:
1. Laundry drying
2. Construction and landscaping materials and equipment currently being used on
the premises. Materials kept on the premises for a period exceeding six (6)
months shall be screened or stored out of view of the primary street on which the
house fronts.
3. Agricultural equipment and materials, if they are used or intended for use on the
premises.
4. 4.Off-street parking and storage of trailers 25ft. in length or less as regulated in
Article 7, Section 154.210, are licensed (when applicable) and kept in operable
condition.
a. Trailers shall be licensed to a resident of the property.
b. Residential properties are allowed to store one trailer (boat trailer,
snowmobile trailer, utility trailer, recreational vehicle, etc.) within the
front yard. All other trailers must be stored either in the side or rear yard,
and must be at least 5 ft. from all property lines.
c. All trailers must be stored on a durable surface with suitable drainage that
is not subject to rutting and/or erosion.
d. Trailers must not be used as temporary or permanent storage of items as
described in Chapter 96 of the City Code.
5. Firewood storage, for personal use only.
a. Firewood must be stacked in a stable manner, cannot exceed 5 feet in
height, and stored only in the side or rear yards. In the case of properties
with multiple street frontages, fire wood shall not be stored on a side that
abuts a public street.
6. Outdoor parking
B. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in
all residential districts, limited to two (2) per calendar year per residence, not to exceed
four (4) days in length.
(Ord. 2012-073, passed 3-19-2013)
§ 154.408 ACCESSORY USES AND STRUCTURES NOT LISTED.
Standards for accessory uses and structures that are permitted in all districts, or in all residential
buildings in any district, are listed in Article 9, Specific Development Standards. These include
uses such as family and group family day care, bed and breakfast facilities, and home
occupations, and structures such as swimming pools and solar equipment.
(Ord. 2012-073, passed 3-19-2013) (Ord. 08-152, passed 10-01-2016)