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5.a) Zoning Regulations Concerning Accessory Buildings (Thomasen) Meeting Date: 3/13/2012 Agenda Item: ;- �,� ;� - _. City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss zoning regulations concerning accessory buildings. Deadline/Timeline: N/A Background: • Mr. Roger Thomasen, 14757 Oren Road, addressed the Council during the Public Forum at the February 21, 2012 City Council meeting. Mr. Thomasen farms approximately 350 acres. He stated that the standards for accessory structures do not permit him to build the size building that he needs for storage of his equipment on the 40-acre parcel in his ownership. He requested the council consider revising the regulations for agricultural buildings. Mr. Thomasen provided copies of ordinances from surrounding communities (attached.) • Changing the regulations would drafting an ordinance, a public hearing by and recommendation from the Planning Commission, adoption of an ordinance by the Council, and publication as required by law. Recommendation: If the Council believes an amendment is needed, you may refer the matter to the Planning Commission. Specific direction should be given so that staff may prepare a draft ordinance amendment. Attachments/ • Excerpt of Scandia Development Code, Chapter 2, Section 3.2 Materials provided: (pages 2-33 & 2-34.) • Documents submitted by Roger Thomasen, February 21, 2012 Contact(s): Prepared by: Anne Hurlburt, Administrator (Thomasen re accessory bldgs) Page 1 of 1 03/07/12 ������r � � �aa� EFFECTNE NOVEMBER 3,2010 Chapter Two 0 Zoning Regulations . of business and industrial areas in all cases shall be forward moving with no backing into streets. (7) Access Drives,Access and Service Roads. Access drives onto city streets shall require an administrative permit. This pernut shall be issued prior to or concurrent with the issuance of any building permits.The Zoning Administrator shall deternune 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. An escrow deposit may be required to ensure construction of the driveway to city standards,including installation of any required culvert. Said escrow deposit shall be refunded upon completion of the driveway and restoration of the street and surrounding vegetation. (8) Private Roads. Private roads are not allowed in any new subdivisions created after the effective date of this Development Code. Existing lots of record on private roads will be subject to the Standards contained in Chapter One, Section 13.5 (1)(D). .2 Accessory Structures (1) Required Pernuts. A building permit is required for all accessory structures except agricultural buildings as defined herein. An administrative pemut is required for all agricultural buildings and agricultural accessory structures. (2) All Accessory Structures. The following standards apply to all accessory structures. (A) No accessory structure shall be constructed on a lot prior to construction of the principal structure on the lot. (B) No detached accessory structure, including storage sheds, shall be located closer to the road right-of-way than the principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right-of-way on lots of five(5)acres or more; and 2. All setbacks are met. (3) Residential and Agricultural Accessory Structures. The following additional standards apply to all residential and agricultural accessory structures: (A) All accessory structures, except agricultural buildings such as bams or silos on parcels of 20 acres or larger in size, shall be limited to one story in height except by approval of a Conditional Use Permit. City of Scandia Development Code,Chapter 2 Page 2-33 • EFFECTNE NOVEMBER 3,2010 Chapter Two 0 Zoning Regulations (B) The permitted total square footage and number of all accessory structures is as follows: Total Square Number of Structures Lot Size Foota e Parcels less than 1 acre 720 s .ft. 1 1 acre to 3.00 acres 1,000 s .ft. 1 More than 3.00 acres and 2,000 sq. ft. 2 less than 5.00 acres 5.00 acres to 10.00 acres 2,500 s .ft. 2 More than 10.00 acres to 20.00 acres 3,500 s . ft. 2 More than 20.00 acres to 30.00 acres 4,500 s .ft. More than 30.00 acres to 40.00 acres 5,500 s .ft. More than 40.00 acres to 60.00 acres 6,000 s . fr. No limit provided More than 60.00 acres to 80.00 acres 7,000 s . ft. structures are More than 80.00 acres,non-agricultural agriculhual 8,000 sq.ft. buildin s buildin s g • More than 80.00 acres,agricultural Unlimited buildin s (C) One single story shed of 120 square feet or less is pernutted in addition to the number of accessory structures listed in Section(B), above. Ice fishing houses stored on parcels of land during summer months shall be deemed to be the permitted shed. (D) All detached accessory structures are to be used for personal use or agricultural use only.No commercial use or commercial-related storage is allowed in these structures. (E) No land shall be subdivided so as to have a larger structure and/or exceed the total number of structures as permitted by this Development Code. (F) Domestic Farm Animals. Accessory structures used to shelter domestic farm animals shall meet the following requirements: 1. All domestic farm animal structures, feedlots and manure storage sites shall be setback as follows: NaturaU Man-Made Features Horizontal Setbacks a An ro line 100 feet (b) Any e�cisting well or residential structure on the same 50 feet arcel (c An seasonal or ear-round wetland,lake or stream 200 feet 2. Said structure,feedlot or manure storage shall not be placed on slopes which exceed 13%. (G) For the purpose of deternuning the size,number and location of agricultural buildings on farms 40.00 acres or greater,the lot shall include all contiguous tax parcels farmed as a unit as evidenced by common ownership within a family or other entity comprised of some or all of the family members,or a combination thereof. 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R '/» t . �.'`i g ����� » � � .Y"4�� 9 l r ' �� z ,. •� ��'v :�r1R� ,�:,.. .:A� -: � tr'' ♦P� ►• � . �' . i "! � . . �t, l �. " `.�!� 1 �Y � ' i��� *! � i�;� r, , ' '���x . , � « r� ;,f '''� ¢�,�t ���� 't � }*r�'..fT .� � �� *�i �� '�`�,xt"", . I..��►� ��A .. �. "� . �+ .�� ����'���� �. . y.r �t � , •R.� � A� ��I* MI . A~ Ir �*� � .�� I„� ;� , � ��f .'�. ,.. �'7" � . ._ � r . �F .�� y. r� � '=�� �'..� ` �'�� ����� IY •'�:•. ' ��'. :�. `� � .«Y a20t4 GaaEy�,M�a�"_ . � http://maps.google.com/maps?hl=en&tab=wl 2/14/2012 City of Columbus Anoka County, Minnesota _ City Code, Chapter 7A: GENERAL ZOIVING REGULATIONS K. Cemeteries: May be allowed as a conditional use and must. adhere to the following additional standards: 1. No cemetery plot or Structure shail be placed within fifty (50) feet of any Lot line and seventy-five (75) feet from the Frontage. 2. Cemeteries must be established, operated, and maintained in accord with Minnesota Statutes Chapters 306 (public cemeteries) or 307 (private cemeteries). Compliance �vith those statutes shall be a continuing condition of the conditional use permit. 3. No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across Lot line. (§ 7A-804,formerly, ,¢7A-817, amended by Ord. No.89-1, effec�ive July 1/, l989, and Ord. No. O1-Dl, ejfeetive May 17, 1001, ,¢ 7A-804, jonnerly §7A-821, amended by Ord. No.89-1, eJfective Ju[y 2!, /989, Ord. No. 96-3, effec�ive Sep[ember 19, 1996, and Ord. No. 0l-0/, eJjeclive May 17,2001,amended by Ord.No. 07-02,effectrve March l,2007.J SECTION 7A-805. RESIDENTIAL ACCESSORY BUILDINGS. Accessory Buildings of any kind (Pole Building construction, slab construction or footing-foundation construction) are permitted, subject to the following general restrictions affecting all Accessory Buildings on any lot size: A. All Accessory Buildings subject to the State Building Code shall conform to the Building Code as contained in Chapter 13 of this City Code. B. Restrictions ir� tl�is Chapter on the size and placement on the lot of Accessory Buildings shall not apply on any parcel of twenty (20) acres or larger that is classified as agricultural land for tax purposes and is used for agriculture purposes. C. All Accessory Buildings shall be harmonious with the Dwelling in terms of color. D. Accessory Buildings shall be located no closer than 75 feet from any road easement or road right-of-way and no closer than 20 feet from any side lot line of 20 feet from any rear lot line. The placement of an Accessory Building shall meet the following additional requirements. 1. Interior lot. No Accessory Building shall be located in the required front yard area nor located closer to the road easement line or road right-of-way than the front of the principal structure. 2. Corner lot. No Accessory Building shall be located in the required front yard area not located closer to the road easement line or road right-of-way line, from which primary access to the principal structure is gained,than the rear of the principal structure. The Accessory Building shall be located no closer than the required front yard setback line from the road easement line or road right-of-way line, from which no access is gained or from which secondary access to the principal structure is gained. 3. Shoreland District Riparian Lot. An accessory building may be placed between the principal structure and the public right-of-way (traditional front yard) on riparian shoreland lots which prohibit the location of a non-water-oriented accessory structure between the principal structure and the Ordinary High Water Level. E. Setback Exception. The setback from the Front Lot Line (measured at the edge of the public right-of-way) may be reduced for an Accessory Building upon the review and recommendation of the Building Official and City Administrator and based upon compliance with the following criteria: 1. Tlie lot size and width are consistent with the standards in Section 7A-801. 2. Accessory Buildings shall not be placed �vithin the front yard setback (seventy- five (75) feet from the edge of the public right-of-way). 3. Fencing, landscaping, or natural vegetation is present between the street and the Accessory Building, and provides screening of at least eighty (80) percent of the Part of COL\CODE\CH7A.COD [Page printed 12/6/201 1 4:43:00 PMJ PAGE 7A-64 , City of Columbus Anoka County, Minnesota City Code, Chapter 7A: GENERAL ZOIVING REGULATIONS Light Industrial Districts. The City Council has determined that it is in the public interest to encourage multifamily residential development where there is access to City water and sewer services. The Suburban Residential Overlay provides the City with authority to approve or permit the allowed uses based on the regulations in the Suburban Residential District. Therefore, all the properties in the Suburban Residential Overlay are allowed to include the permitted, conditional, and interim uses as described in the Suburban Residential Zoning District, subject to the Suburban Residential District standards described in City Code §7A-750 to §7A-756 and subject to the Zoning Amendment procedures described in City Code §7A-550. [§7A-602 added by Ord. No. IO-07,effec�ive June!0,20IO.J SECTION 7A-603 through 7A-699. (RESERVED FOR FUTURE USE). ARTICLE VII ESTABLISHMENT AND PURPOSE OF DISTRICTS SECTION 7A-700. INTENT. The following Zoning Districts are hereby established for the City of Columbus, Minnesota. For the interpretation of this Ordinance, the Zoning Districts have been formulated to realize the general purposes as set forth in the Preamble of this Ordinance. In addition, the specific purpose of each Zoning District shall be as stated. [For jur�her mjormarion regardrng Admimstrative Cosrs jor a rezoning application, see Chapter 17, §l7-301.J(§ 7A-700 amended by O�d. No. 07-01,e,(fective March l,2007.J SECTION 7A-710. AGRICiJLTURE (AG) DISTRICT DEFINED. The AG District is intended to help preserve existing agricultural land resources and to accommodate crop production, animal agriculture, and uses that may be more intensive than crop production. The AG district is not intended to be applied near urbanized areas, and is not intended to accommodate residential uses as a principal use. [,¢7A-7/0,jormerly§7A-7/8,added by Ord. No. 99-6,effeclive December 3, l999.J SECTION 7A-711. AGRICULTURAL (AG) DISTRICT DESCRIBED. The AG District established upon adoption of the City Code and as modified by subsequent ordinance amendment is illustrated on the City of Columbus Official Zoning Map. (§7A-7/1,added by Ord.No. 02-0l,effectrve May 17,2002,amended by Ord.No.07-02,e�fective March l,1007.J SECTION 7A-712. AGRICULTLTRAL (AG) DISTRICT PERMITTED USES. The following uses shall be permitted in the AG District: A. Animal Agriculture, which is not a Feedlot. B. Crop Agriculture. C. Agricultural Sales and Service. D. Agricultural Storage. E. Agricultural research and development. F. Commercial Stables or Kennels. G. Single Famify Dwelling units. H. Single Family Dwelling accessory uses. I. Municipal buildings and facilities. [§7A-712,added by Ord.No. 01-0l,eJjec�rve May 17,2002,and amended by Ord.No. 07/03,e,(fectrve July 16, 2007.J SECTION 7A-713. AGRICULTIJRE (AG) DISTRICT CONDITIONAL USES. The following uses shall be conditional in the AG District, according to Section 7A-560 of this Code: Part of COI,\CODE\CH7A.COD (Page printed 12/6/201 1 4:43:00 PM) PAGE 7A-36 ����� �� �� ���✓� ��.�� ; L�.v��- /f�'�f�' �Es�) �.�%" ._/7�� ..��/��lL ^� �,E/��f1C` ������-'riC��� ���s�v�,� � ��t��..� �h? ���".� ��.���.�- �.+��/�iCc�'t`��-C_� /�� =5�c�f`�-� �rc�7��c!=� �� ��,C��7`�. d`�' /�'if��r)����-.�' ��S'i"�i��r c��`s �. ....�..:--�--- uu�.i i��v�at y.�uwuwuc.wnu Flt un.i1J�.1:1;11C111 W—t 4_l JocX.rt 1 IVItteC�Ul;SI-... City cf �u�o 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. (� 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 aximum number of Maximum combined size accessory buildings of accessory buildings allowed (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 (y) 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 agricuitural 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. (I) 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 Q), (1)—(7)of this section may vary from this standard. (m) Accessory buildings shall not have indoor plumbing such that it wouid allow the structure to be used as living space, which would constitute a dwelling. _.__.e r, I of 2 2/17/2012 4:1 I PM �....��,�.,..., u«N.����v�u�y.u�u����vuc.�vi�v Ni iiu.a�Nn:�i icuuu—i 4�»ocn i rvitcec�ue5t—.. . �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 agricuitural, 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 combined size of 1,500 square feet, and shall not be subject to the requirements as stated in the table outlined in subsection (�. (Prior Code, § 1195-030.1; Ord. 2009-429, § >, 6-15-2009) 2 of 2 2/17/2012 �3:I I PM ,� C I T l`�1 --O F i iN KE �LT�L�3ING ��PA�TIVIENT �eside�tial Accessory Str�cte�res INF��ZMAT�ON SHEET Loe�tion: The accessory structure must be located in the rear yard or side yard if detached. If attached, the structure must be able to be accessed from the residence living space by a door_ Se��acks: Residential Districts (R-1, R-2, R-4, R-1X, R-3, R-6, R-7); a minimum of five (5) feet on both side and rear yard. Rural Districts (R, R-X); a minimum of thirty (30) feet rear yard and five (5) feet side yard. Lots adjacent to multiple streets will vary, please check with the Planning Department. Permits: A building or structure cannot be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a permit has been obtained from the city. However, for accessory buildings, there are non-fee permits issued to structures under one hundred twenty (120) square feet in area. NOTICE: IT WILL TAKE APPROXIMATELY 5 TO 7 BUSINESS DAYS TO PROCESS AND ISSUE A PERMIT ONCE THE PLANS AND APPLICATION HAVE BEEN SUBMITTED. The Zoning Ordinance allows the following for Accessory Buildings: If your property is: T'wentv (20)Acres or Greater• (R R-X, R-BR, I�-1,�2-IX, R-EC, and PSP �astric�s) 1. No maximum combination of accessory building(s) and garage(s) size requirement. 2. Metal buildings and pole barns acceptable. 3. Fabric or vinyl canopy structures acceptable 4. No maximum height requirement. 5. One (1) attached garage not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation, whichever is greater. Ten (10) to Less th�n Twentv (20) Acres• (R, �t-X �t-B1R, �t 1, Ft 1X, R EC and PSP �istricts) l. The combination of accessory building(s) and garage(s) shall not exceed the greater of: a. Ten thousand (10,000) square feet, or b. 1.85% of the lot area, not to exceed fifteen thousand (15,000) square feet. 2. Total allowable accessory building space shall be limited to the following: a. One (1) attached garage and b. Three (3) detached accessory structures. 3. Metal buildings and pole barns acceptable. . 4. Fabric or vinyl canopy structures acceptable. �. One (1) attached garages not to exceed one thousand two hundred (1,200) square feet or equal to the size of the house foundation, whichever is greater. 6. Building height shall not exceed base district requirement. 600 Town Center Parkway,Lino Lakes, Minnesota S�O141182 Building Depamnent: 651-98?-2420 • Fax: 651-982-2499 buil ding@ci.lin o-]akes.mn.us �0��� ��� 1 U��. /J V1 Ll7L � (t) The keeping of 4 or more pets in a residential dwelling unit shall be considered a private kennel for the purpose of this chapter. The residential dwellin� unit shall meet the required setbacks for a private kennel. (P) Livestock arrd liti�estock operations. (1) Livestock may be allowed in C, A, and RR Districts. See � 153.051 for requirements regarding nonconforming livestock and livestock operations in other districts. The harboring of non- domestic pets is not permitted in any district. (2) No livestock shall be placed on any site of less than 5 acres. For purposes of this section, 5 acres may include the road right-of-way. (3) The following shall be the minimum setback requirements for feedlots: (a) Parks: 300 feet; (b) DNR protected watercourse or lake: 300 feet; (c) Wetlands: 200 teet; (d) Private well: 100 feet. � (4) The following equivalents shall apply when determining animal units: Animal Animal Units One mature dairy cow 1.4 One slaughter steer or heifer 1.0 One horse 1.0 One swine over 55 pounds 0.4 One goose or duck 0.2 One goat or sheep 0.1 One swine under 55 pounds 0.05 One turkey 0.018 One chicken 0.01 For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds. (5) (a) A minimum of 2 grazable acres shall be provided for each animal unit or its equivalent. "Grazable acres" shall be defined as open, non-treed acreage currently providing enough pasture or other agricultural crops capable of supporting summer grazing at the density stated above. (b) The keeping of li�-estock in a greater density than allowed as stated above shall be considered a feedlot and require a eonditional use permit (CUP). �I'o obtain such a permit, the applicant http://www.amlegal.com/alpscripts/get-contenLaspx 2/7/2012 � 1 Gl�'l. /Y V1 ..:OG must demonstrate that they have improved pastures and/or facilities present and appropriate practices are being employed to preclude surface or ground �vater contamination, e�ccessive manure accumulation, odor, noise, and other nuisances. (6) The construction of an earthen waste storage basin is permitted, provided a CUP is issued. (a) The structure shall not be used for the storage of animal manure for a period in excess of 12 months or the time period for which it was designed. (b) The design of the structure shall be prepared and designed by a registered professional engineer or staff from the Washington County Soil and Water Conservation District qualified in the design of earthen structures or prepared by other professionals specializing in the design of the structures and with the proper training for the design and signed by a registered professional engineer. (7) Livestock may graze within Shoreland and Bluff Impact Zones, provided permanent vegetation is tnaintained or a conservation plan has been submitted to the city that is consistent with the technical guides of the city and Washington County Soil and Water Conservation District. (8) Domestic farm animal accessory structures: (a) Domestic farm animal accessory structures must meet the requirements of this section and the City Code. (b) All domestic farm animal structures, feedlots, and manure storage sites shall be set back as follows: NaturaUM�rn-Made Features Horizontal Setbacks Any property line 100 feet Any existing well or 50 feet residential structure on the same parcel Any existing well or 200 feet residential structure on adjacent or nearby parcel Any body of seasonal or year- 200 feet round surface water (c) Location: 1. Domestic farm animal feedlots or manure storage shall not be placed on slopes that e�ceed 13%; 2. Evidence of seasonally high ground water level or mottled soil shal( not be closer than 3 feet to the natural surface ground grade in any area within any proposed structure and/or feedlot; 3. No marsh or wetland (as established by the predominant wetland vegetation and/or soils) shall be utilized for placement of the proposed structure and feedlot, nor shall the structures and/or feedlots be placed where surface runoff will be toward a marsh or wetland. http://www.amlegal.com/alpscripts/get-content.aspx ?/7/2012 rage y4 or 1�z • (5) Accessory structures shall not be placed between the principal structure and the lakeshore, except 1 structure no larger than 120 square feet meeting all the required setbacks for the applicable district shall be permitted. (6) Accessory structures shall be limited in height to the standards for detached accessory standards in the applicable zoning district. (D) Size. The maximum allowable total or accumulated tloor area of all detached accessory structures on a lot shall be as follows: (1) Lots less than 2.5 acres: 1,�00 square feet; (2) Lots 2.5 acres to 5 acres: 2,500 square feet; (3) Lots greater than 5 acres to 10 acres: 3,000 square feet; (4) Lots greater than 10 acres to 20 acres: 3,500 square feet; (5) Lots greater than 20 acres: no limit; (6) The square footage of above grade or below grade swimming pools and 1 storage shed of not more than 120 square feet shall not be included in the calculation of maximum allowable area of accessory structures; (7) No land shall be subdivided so as to have a larger accessory structure total or accumulated floor area than permitted by this chapter. (E) Number. The maximum number of accessory structures is as follows: (1) On parcels of 2.5 acres or less, 1 accessory structure is allowed with 1 additional single story storage shed of 120 square feet or less; (2) On parcels greater than 2.5 acres to 20 acres, a maximum of 2 accessory structures are allowed with 1 additional single story storage shed of 120 square feet or less; (3) On parcels greater than 20 acres, there is no limit on the number of accessory structures, provided they are agricultural buildings; (4) No land shall be subdivided so as to eYceed the total number of structures permitted by this chapter. (F) Height. Accessory structures shall be limited to the permitted building height for accessory structures in thc respective zoning district. (G) U.se of acces,sory structu�^es. In agricultural or residential districts, accessory structures are to be used for personal use or agricultural use only, and no commercial use or commercial related storage is allowed except that home occupations are permitted in an accessory structure as provided in � 153.096(L). (H) Accessory.structures for domestic farm unimuls. All domestic farm animal structures, feedlots. http://www.amlegal.com/alpscripts/get-content.aspx 2/7/2012 Yage y5 oT Zx"Z and manure storage sites must meet the requirements of this section and § 153.096(P). (I) Fish hoarses. No more than 1 tish house shall be permitted on a residential lot. (J) Temporary pole and canvas like storage structures may be used to cover and protect recreational equipment from the elements between Halloween and April 15th. No more than 1 shall be permitted on any residential property at any one time. Structures shall not exceed 200 square feet and meet all accessory structure requirements. These types of structures are not permitted for year round storage or use and must be removed from residential properties during the time period of April 15th through Halloween and stored in a permanent structure. The city shall have the authority to require the removal of this type of structure if it causes a nuisance, is viewed as excessive use of the parcel it is located on, or is being used for something other than recreational equipment storage during the allowab(e time period. (K) Residential yurd accessories and/or eyuipment. Recreation equipment such as play apparatus, swing sets and slides, sandboxes, poles for nets, tree houses, above or in-ground swimming pools, hot tubs, play houses eYceeding 25 square feet in floor area, sheds utilized for storage of equipment, landscape water features and man-made ponds/streams and detached arbors or trellises, shall be subject to accessory structure setbacks. (L) A detached elevated walkway or deck surrounding a pool or hot tub must meet the setback requirements for an accessory structure of the applicable zoning district. Pool or hot tub decks are not subject to the 10 foot encroachment applicable to other decks into the required rear yard. (M) Exterior design and color of accessory s•tructz�res. (1) The exterior design and color of the accessory structure shall be compatible with the erterior design and color of the principal building except in AP, C, A, and RR Zoning Districts. (2) In the RR Zoning District, pole-type accessory structures shall be allowed to the rear of the principal building. The exterior design and color of accessory structures located between the road and the principal building shall be compatible with the exterior design and color of the principal building. (3) Pole-type accessory structures shall be allowed in AP, C, and A Zoning Districts. The color of an accessory structure located between the road and the principal building must be compatible with the color of the principal building. (I�i) Exterior walls and the like. Every exterior wall, foundation, and roof of any accessory structure or structure shall be reasonab(y watertight, weather tight, and rodent proof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from eYtensive dilapidation due to cracks, tears, or breaks of deteriorated plaster, stucco, brick, wood, and other material. (0) F..rterior�vood strrf'aces•. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and from decay by painting or other protective covering or treatment. A protective surface of an accessory structure or structure shall be deemed to be out of repair if more than 25% of the exterior surface area is unpainted or paint blistered and shall be painted. If 25% or more of the e�cterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out, the surface shall be repaired. http://www.amlegal.com/alpscripts/get-content.aspx 2/7/2p�� Yage l Uy ot 1��? § 153.145 EXTERIOR STORAGE IN RESIDENTIAL D�STRICTS. (A) All material and equipment related to and located on agricultural and residential property shall be stored within a building or fully screened, as required herein, so as not to be visible from streets, highways, or neighboring property except for the following: (1) Construction and landscaping materials and equipment currently being used on the premises; (2) Recreational, play, and laundry equipment, if these are used on the premises; (3) Off-street parking of licensed and operable passenger automobiles and pickup trucks. See � 153.260 for further requirements; (4) Motorized or non-motorized recreational vehicles. See � 153.260 for further requirements; (5) Agricultural equipment and materials in agricultural zoning districts; (6) Firewood piles that are neatly stacked and free from vermin shall be stored in the rear and side yards only. In the case of corner lots, both yards abutting a public right-of-way are considered a front yard. (B) All parking and driveways to parking areas of multiple-family dwellings shall be screened, as required herein, from adjacent property. See §§ 153.125 et seq. for further requirements. (C) All parking and driveways to parking areas for non-residential uses in residential districts shall be screened, as required herein, from adjacent property. See §§ 153.125 et seq. for further requirements. (D) All multi-family structures shall be subject to the building design requirements in § 153.323 (Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010) § 153.146 SCREENING. (A) Types of scr�eening materials. Screening required in this chapter shall consist of: earth mounds, berms, or ground forms; fences and walls; or landscaping (plant materials) or landscaped fixtures (such as timbers), used in eombination or singularly, so as to block direct visual access to an object from adjoining properties and public streets throughout the year. (B) Placement, height, and tra�frc vis•ibiliry. The screening required in this chapter shall not be less than 6 feet in height. All screening shall be approved by the city. On a corner lot, no screening or landscaping shall be placed in such a manner so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any driveway or street right-of-way. Visibility shall be unobstructed between a height of 3 feet and 10 feet above the center line grades of the intersecting driveways and/or streets, within a triangular area described as follows: beginning at the intersection of the edge of an intersecting driveway and/or curb line of an intersecting street right-of-way, thence to a point 30 feet along the edge of the intersecting driveway or curb line, thence diagonally to a point 30 http://www.amlegal.com/alpscripts/get-content.aspx 2/7/2012