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HomeMy WebLinkAbout2009.06.15 ORD 2009-429ORDINANCE 2009-429 AN ORDINANCE AMENDING CHAPTER 90, SECTION 90-204 ACCESSORY BUILDINGS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90, Section 90-204, amend the following: 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) 10 foot rear yard setback (2) 6 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 1500 3 to 4.99 acres 2 2000 5 to 9.99 acres 2 3500 10 or more acres 3 5000 (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. 0) 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. (1) 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 Subd. 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. 2 (o) Any property zoned R-1, RR, A, or FUS that is less than 3 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). Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON JUNE 15, 2009 4o*n,ayor ATTEST: ((�^ Michele Lindau, City Clerk 3 AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 e 14491 Forest Blvd. N. a Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed ORDINANCE 2009429 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 8th day of July 2009; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz AUTH D SIGNA Title Publisher SUBSCRIBED AND SWORN TO BEFORE ME ON THE 16DAY OF November , 2009._ NOTARY SIGNATURE: _ A RATE INFORMATION: $9.00/INCH _. �.....,. .... ............ tKATIE L. NEUMAN-LINDSTROM 0M*�Nlsarry Public-Minnesota Com. Expires Jan. 31.2013 L ORDINANCE 2009-429 AN ORDINANCE AMENDING CHAPTER 90, SECTION 90-204 ACCESSORY BUILDINGS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90, Section 90-204, amend the following: 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 chap- ter. (b) A site plan must be submitted for approval by the Community Development Director or designee before a permit is issued for any ac- cessory 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 ac- cessory 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) 10 foot rear yard setback (2) 6 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 per- cent 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: (g) Garages allowed under sections 90-229 and 90-230 are per- mitted in addition to accessory buildings. Detached garages are con- sidered accessory buildings and are subject to all requirements of this section. For residential properties without an attached garage, an ad- ditional 500 square feet, and an additional building shall be allowed be- yond the maximum size and number of buildings referenced in the table above. (h) Except for agricultural buildings, no accessory building may ex- ceed 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 dis- tricts, no accessory building shall be located or protrude in front of the principle building on the site, in relation to any public street. Maximum m Maximum combined size Lot number of accessory Size accessory buildings allowed buildings (Square Feet) Under 1.5 1 260 acre 1.5 to 2.99 2 1500 acres 3 to 4.99 2 2000 acres 5 to 9.99 2 3500 acres 10 or more 3 5000 acres (g) Garages allowed under sections 90-229 and 90-230 are per- mitted in addition to accessory buildings. Detached garages are con- sidered accessory buildings and are subject to all requirements of this section. For residential properties without an attached garage, an ad- ditional 500 square feet, and an additional building shall be allowed be- yond the maximum size and number of buildings referenced in the table above. (h) Except for agricultural buildings, no accessory building may ex- ceed 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 dis- tricts, no accessory building shall be located or protrude in front of the principle building on the site, in relation to any public street. Q) 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 ag- ricultural 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 archi- tect. (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. (1) All Accessory buildings located in Commercial and Industrial Zon- ing Districts shall be of the same style, materials, color, roofline, and sid- ing type as the principle building on the lot. Building types listed under Subd. 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 con- stitute 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 agricul- tural, and rural residential zoning districts. (o) Any property zoned R-1, RR, A, or FUS that is less than 3 acres in size shall be allowed two accessory buildings with a maximum com- bined size of 1,500 square feet, and shall not be subject to the require- ments as stated in the table outlined in subsection (f). Section 2. Severability. In the event that a court of competent jurisdic- tion adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically in- cluded with that judgment. Section 3. Effective Date This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON JUNE 15, 2009 (Signed) Fran Miron, Mayor ATTEST: (Signed) Michele Lindau, City Clerk Published one time in The Citizen on July 8, 2009.