10/19/1999 - City Council Special AGENDA
SPECIAL CITY COUNCIL MEETING
Tuesday
October 19, 1999
4:45 p.m.
EAGAN MUNICIPAL CENTER
Council Chambers
I. ROLL CALL & ADOPTION OF AGENDA
II. VISITORS TO BE HEARD
IIT. REVIEW PROPOSED ORDINANCES
• PROPERTY nor a IMP DANCE
• VEHICLE STORAGE
• ACCESSORY BUILDING
IV. OTHER BUSINESS
V. ADJOURNMENT
MO
city of eagan
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 15, 1999
SUBJECT: SPECIAL CITY COUNCIL MEETING/OCTOBER 19, 1999
A Special City Council meeting is scheduled for Tuesday, October 19, to eet with
members of the Advisory Planning Commission to discuss three ordinances that have been
under review by that Commission for several months. The three ordinances include
proposed property maintenance-related code modifications, vehicle storage-related code
modifications and accessory building-related code modifications.
Draft amendments were sent out last Friday, October 8, for City Council revie . In case
anyone has misplaced their copy of the proposed ordinances, another copy is enclosed on
pages �2 through for your review.
The purpose of the joint meeting is to allow the City Council to provide input, as questions
and discuss the purpose and objective for each of the three ordinance revisions.
With or without modification by the City Council to any of the three ordinance! , the next
step is for the Planning Commission to hold public hearings providing an opportunity for
community input on each of the three ordinances. The ordinances will then come back to a
regular City Council meeting for consideration.
This is an opportunity for the City Council and Planning Commission members o interact
and, if time permits, discuss any other issues that might be pertinent to either tf.e APC or
City Council.
There will be a light lunch available for the City Councilmembers in the lunchroom at 6:00
p.m. immediately following the Special City Council meeting.
OTHER BUSINESS
There are no other business items at this time. More than likely, discussion o the three
ordinances and interaction with the Advisory Planning Commission on any other items will
take the time allotted for the Special City Council meeting; however, the City Administrator
will be prepared to provide any administrative update, if necessary.
/S/ Thomas L. Hedges
City Administrator
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city of eagan
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 9, 1999
SUBJECT: PROPOSED CITY CODE MODIFICATIONS FOR PROPERTY
MAINTENANCE/VEHICLE STOREAGE AND ACCESSORY
BUILDING
As Special City Council meeting is scheduled for 4:45 p.m. on October 19 to meet with
members of the Advisory Planning Commission to discuss three (3) ordinances that have
been under review by that Commission for several months. The ordinances include property
maintenance, vehicle storage and accessory building. Draft amendments are enclosed for
your reading and review in preparation for the meeting.
Following the joint meeting with the APC, with or without modification by the City
Council, the Planning Commission will hold public hearings providing an opportunity for
community input on each of the three (3) ordinances. The ordinances will then come back
as a regular City Council agenda item at a later date.
City Administrator
Attachments
Ins
Revised 8/20/99
PROPOSED
PROPERTY MAINTENANCE RELATED
CODE MODIFICATIONS
Section 6.37 Subd 1.B ("other refuse"definition)Change"other refuse"reference t "refuse".
B. Ath Refuse means ashes,nonrecyclable glass,crockery,cans,paper,box ,rags and
similar nonputrescible wastes(does not decay or have foul odor),and cons ction or
demolition debris,
and wood except when stored as firewood in coWliance with section 11.1 C Subd. 32.C.
Section 7.08 Subd. 1.D (Trees and shrubs in public places and street rights-of-way)Change to
apply to private as well as public streets.
D. The placement of trees and shrubs in public places and street rights-of-way gid alongside
private streets serving more than twenty(20) units shall be in compliance with the
following city standards:
1. Trees shall not be planted within ten(10) feet,horizontally, of any sev rer line, water
line or driveway or within four(4)feet of any public trail or sidewalk.
2. The placement of trees and shrubs within Rublic rights-of-way and within ten 10
feet of ILnvate streets shall not disturb any ground within two (2) feet, lorizontally, of
any gas lines, electric lines,phone lines,or cable television lines, exce 3t in those
specific cases where utility easements provide for wider setback requh ements.
3. Any new trees planted within a gmblic street right-of-way or alongside a Drivate street
shall be spaced no closer than twenty(20) feet apart and must be at least ten(10) feet
from the back of curb in an urban section or twenty(20) feet from the iAge of
pavement in a rural section.
4. Trees, shrubbery, and other plant material shall not be planted or main ' ed, on
public or private property, in such a manner as to obscure or impede ti t visual sight
lines required to ensure the safe and efficient circulation of vehicles ar. I pedestrians
on streets,intersections,trails, and sidewalks. Trees, shrubbery or oth r plant
material shall not be planted as to block the visibility of any regulato waming, or
street identification sign or block the illumination of streetlights. The Clity shall have
the authority to determine the minimal amount of required setback and clear zones in
such circumstances. Property owners in violation of said requirements shall be given
written notice,which notice shall be given by mail to their last known dress,to
remove,relocate,or trim all related plant materials in compliance with he directives
given therein. If any owner or occupant fails to assume the responsibil ty of these
requirements,the City may proceed to order the work done in accor ce with
subdivisions 5 and 6 of this section.
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2
Revised 8/20/99
S. Overhanging branches of all deciduous trees,planted within public street rights-of-
way and within ten (10) feet ofprivate streets shall, at the time of maturity,be at least
thirteen and one half(13 %) feet above street surfaces and at least eight (8) feet above
the ground for all other public places: This requirement includes trees that are
planted on private property,but overhang within public areas or rights-of-way.
6. The City may establish a master plan for street tree planting. The plan shall identify
those streets that have been designated by the Council for the planting of said
boulevard trees. In accordance with the master plan,responsibility for the planting
and maintenance of boulevard trees shall be the responsibility of the City, except for
new subdivisions where the developer shall be responsible for planting boulevard
trees. The planting and maintenance of trees within R1blic residential street rights-of-
way,not included in the City's master street tree planting plan, shall be the
responsibility of the abutting property owners. In such cases,the property owner shall
first obtain, from the City Forester, a written permit to plant, in accordance with the
requirements of this subdivision.
Section 9.10 Subd. 7(Commercial/large vehicle parking)Omit reference to"commercial vehicle".
Subd. 7. It is unlawful to park any vehicle in excess of nine thousand(9,000)pounds gross vehicle
weight upon any residential street for a continuous period of more than
six L)hours.
Section 10.01 Subd. LB ("other refuse"definition) Change"other refuse"reference to "refuse".
B. Awe.Refuse means ashes,nonrecyclable glass, crockery, cans,paper,boxes,rags and
similar nonputrescible wastes (does not decay or have foul odor), and construction or
demolition debris, 0*61iadiao send, eagh,bfiek, Manand * , md tftfees,
and wood except when stored as firewood in compliance with section 11.10 Subd. 32.C.
Section 10.01 Subd. 2.A through D(Refuse storage requirements) Change`other refuse"reference
to"refuse".
A. It is unlawful for any person to store garbage or e4liff refuse on residential dwelling
premises for more than one fl)week. All such storage shall be in watertight,metal or
plastic containers of not less than five�,„)5 gallons with tightfitting covers,which shall be
maintained in a clean and sanitary condition;provided,that yard waste may be stored in
biodegradable plastie bags,and tree limbs must be stored in watertight,metal or plastic
containers of not less than five M gallons with tightfitting covers or closable plastic or
paper bags, and tree limbs must be stored in bundles weighing no more than six (60)
pounds and no longer than four A) feet.
B. It is unlawful for any person to store garbage or etw refuse or recyclables on multiple
dwelling premises for more than one Ll)week. Such storage shall be in containers as for
residential dwelling premises,except that so called"dumpsters"with close fitting covers
may be substituted.
2
R vised 8/20/99
C. It is unlawful for any person to store garbage or edw refuse on commerci 1 establishment
premises for more than one Q)week,or for a shorter period when collecti n must be made
at more frequent intervals to protect the public health or at the direction o the City. It is
unlawful for any person to store recyclables on commercial establishment remises for
more than one W week. Such storage shall be in containers as for residen ial dwelling
premises, except that so called"dumpsters"with closefitting covers may b substituted.
D. In residential dwelling areas,storage containers for garbage,edw refuse a id recyclables
shall be permitted at the curb or other collection point from 6:00 p.m. of th night
preceding collection day until 10:00 p.m. on the designated collection day. At all other
times, such containers must be stored inside the dwelling unit or garage or at a point behind
the front of the dwelling unit or garage.
Section 10.21 Subd. 2.D.1urf rass maintenance
('1' g standards) Change maxim allowable
turgrass height from six to eight inches.
1. All vegetation shall not exceed a height of si*eight Minches,measured from the base at
ground level to the tip of each stalk, stem,blade or leaf.
Section 10.51 (Junk cars,furniture,household furnishings and appliances sto ed on public or
private property) Change"household furnishings or appliances"reference to aged or
inoperable household furnishings or appliances".
It is unlawful to park or store any unlicensed,unregistered or inoperable motor vel'cle;household
furnishings or appliances; or parts or components thereof on any property,public c r private,unless
housed within a lawfully erected building. Any violation of this section is declarec to be a
nuisance and, upon seven j7)days written notice to the owner, as shown by the rec 3rds in the
office of the county auditor, of private premises on which such material is found,tl te City may
remove the same and certify the cost of such removal as any other special assessm nt.
Section 11.10 Subd. 19.E (Parking limitations on large vehicles)Delete the sect on in its
entirety.
.
Section 11.10 Subd.20(Fence requirements) Change to 1)prohibit barbed wire nces in
residential zoning districts 2)require the"finished"side of the fence to face outwar I and 3)allow
fence heights of up to eight feet in industrial zoning districts.
A. Construction and maintenance.
3
Revised 8/20/99
1. Every boundary line fence shall be maintained in a condition of reasonable repair and f
shall not be allowed to become a public or private nuisance.
Electric boundary fences shall e*be permitted only in the Agriculture(A)district
when related to farming,and on farms in other districts when related to farming but not
as boundary fences.
I_ Barbed wire fences shall be permitted only in non-residential zoning districts.
4. _Tbe finished side of all fences shall face away from the fence owner's lot.
B. Residential district fences. In all parts of the City zoned residential,boundary fences shall
be subject to the following requirements:
1. Fences on all comer lots erected within thirty(301 feet of the intersecting curb line shall
be subject to traffic visibility requirements(see subdivision 7 of this section).
2. Fences shall not exceed a maximum height of six (6) feet.
C. Business and industrial fences. Property line fences within all business and industrial
districts shall not exceed ei*eigbt l'J feet in height_,
Section 11.10 Subd. 32 (Property maintenance requirements)Add new section addressing exterior
property maintenance including firewood storage.
Subd. 32. Exterior building,housing, and property maintenance requirements.
A. Building AAvearance and Maintenance Requirements:
1. Any building or structure other than accessory buildings on farms is a public nuisance if its
exterior does not comply with the following requirements:
a. No part of any exterior surface shall have deterioration,holes.breaks,gaps, or loose
or rotting siding. All exterior surfaces including.but not limited to,doors,door and
window frames, cornices,iDorches and trim, shall be maintained in a good condition.
Exterior wood surfaces,other than decay-resistant woods, shall beprotected from the
elements and decay by painting or other pmtective covering or treatment.
b. Every exterior surface which has had a surface finish such as paint applied shall be
maintained to avoid noticeable deterioration of the finish. No wall or other exterior
surface shall have 2eeling. cracked, chipped,or otherwise deteriorated surface finish
on more than twentypercent(20%)of:
(,1) Any one wall or other flat surface,
4
Revised 8/20/99
a. Damage by fire,•
b. Defective chimneys or stovepipes•
c. Dilapidated condition or decay.
d. Defective electrical wiring;
e. Defective gas installations:
f Defective heating apparatus:
F— Defective sewage disposal system,•
h. Defective plumbing,or,•
i. Any other defect endangering a Rublic safe health or otherRrODILriy-
2. An owner, lessee or occupant of RLoRgM or a dwelling may not allow the accumulation of
rt or filth on the 2Lemises occu ied or controlled in a manner that could dreate a health
hazard to the dwelling occupants or the_general iDublic. All exterior Drot)eity and 2remises
shall be maintained in a cleansafe and sanitary condition
3. Any buildingr other structure which is dams ed decayed. dila idated sanitary,unsafe
vermin or rodent infested or which lacks Rrovisions for basic illumination ventilation or
antM facilities to the extent that the defects create a hazard to the health safety, or
welfare of the occu ants or of the ublic may be declared unfit for human iabitation.
Whenever my building has-been declared unfit for human habitation an a thorized
em to ee Magent of the Cijy shall order same vacated within a reasonable time and shall
post a Rlacard on the 2roReriv which shall: a be in writing,b include a d cri tion of the
roe sufficient for identifi ation c include a tatement of a reason or r asons why it is
beingissued—d)include a descri tion of the r airs and ' rovements re red to brin the
dwellin into com liance with the rovisi ns of this Cha ter and a 'nclud a statement of
time allowed to correct the violations
C. Firewood Storage. Firewood shall be stored in accord with the following:
1. Wood shall be stored or k t in neat and secure stacks(maximum of four stacks each
of which shall be no higher than five 5feet with the combined wood stac s not
exceedinga volume ual t five 5 feet high by ten feet wide by twen 0 feet lop .
The wood stacks shall be elevated not less than four 4 inches Bove grade,
2. Unless screened by a solid fence or wall. stacks shall not be loser than fiv5 feet to the
property line.
3. The wood stacks shall not be infested or inhabited with rats ro ents venmi or insects
noxious or dangerous toyersons or properly.—
4. The wood shall not be stored or kent in the front yard or yard that is co only considered
the front yard of any lot.
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Revised 8/20/99
a. Damage by fire:
b. Defective chimneys or stovepipes:
C. Dilapidated condition or decay:
d. Defective electrical wiring:
e. Defective Bras installations:
f. Defective heating apparatus:
S. Defective sewage disposal system:
h. Defective plumbing, or:
i. Any other defect endangering the public safety.health. or otherproperty.
2. An owner, lessee. or occuRant ofproperty or a dwelling may not allow the accumulation of
dirt or filth on the premises occupied or controlled in a manner that could create a health
hazard to the dwelling occupants or the general public. All exterior propertyand premises
shall be maintained in a clean, safe and sanitary condition.
3. Any buildingor r other structure which is damaged,deca e�d,dilapidated,unsanitary,unsafe,
vermin or rodent infested, or which lacks provisions for basic illumination,ventilation, or
sanitary facilities to the extent that the defects create a hazard to the health, safety, or
welfare of the occupants or of the public,may be declared unfit for human habitation.
Whenever any building has been declared unfit for human habitation, an authorized
employee or agent of the City shall order same vacated within a reasonable time and shall
Rost a placard on the property which shall: a)be in writing,b)include a description of the
property sufficient for identification, c)include a statement of a reason or reasons why it is
being issued, d) include a description of the repairs and improvements required to bring the
dwelling into compliance with the provisions of this Chapter, and e) include a statement of
time allowed to correct the violations.
C. Firewood Storage. Firewood shall be stored in accord with the following;
1. Wood shall be stored or kept in neat and secure stacks(maximum of four(4) stacks), each
of which shall be no higher than five(5)feet,with the combined wood stacks not
exceeding a volume equal to five(5) feet high by ten feet wide by twenty(20) feet long.
The wood stacks shall be elevated not less than four(4)inches above grade.
2 Unless screened by a solid fence or wall stacks shall not be closer than five(5) feet to the
property line.
3 The wood stacks shall not be infested or inhabited with rats,rodents.vermin,or insects
noxious or dangerous to gersons or property.
4 The wood shall not be stored or kept in the front yard or yard that is commonly considered
the front yard of any lot.
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Revised 8/20/99
5. TemRorM storaize o to s for u12 to thirty 30 days outside of the r uire areas of setback
from REORerty lines and streets is allowed for the ose of cutting and splitting o s to a
size usable . the residence's wood burning device
6. o wood stored outside shall be located within five 5 feet of an inhabited building or
structure.
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Revised 9/10/98
PROPOSED
VEHICLE STORAGE RELATED
CODE MODIFICATIONS
Section 10.52 (Prohibited use and parking of mobile homes and recreational camping vehicles)
Delete in its entirety.
Sec. 10.52.
Reserved
the fellewifig
,
And A'AmMiLm
B.
"
,
Section 11.03 (Definitions)Add the following definitions:
Recreational Camping Vehicle means any self-propelled vehicle and any vehicle propelled, drawn,
towed or carried by a self-propelled vehicle:which is designed to be used for temRorga living
quarters while engaged in recreation or vacation activities.
l �
Revised 9/10/98
y
Recreational Vehicle means any self- ro elled vehicle and M vehicle nrgpelledawn. towed or
carried by a self-12ropelled vehicle which is desismed to be used for leisure time activities and
ywvoses including but not limited to
1) Recreational ca ing vehicles-,
2 Non-motorized trailers generally us!;d for kMorting recreational vehicles such as
watercraft and snowmobiles:
A van or truck with a slide-in cunRer which is not used Rrimarily for da to da
transnortation nee-ds:,
4 Snowmobiles all terrain vehicles an Meofwatercraflandsimilar vehi les. Such
vehicles thALme-p-Jaced on a utility trailer shall to
recreational vehicle:
ether with the trailer. onstitute a single
5 Passenger vehicles with anti ue or collector license Tates ecialized oI -road racin
vehicles that are not rim-q,41used for da to da(trang2ortation needs. uch vehicles that
are laced on a utilily trailer shall t
vehicle: o ether with the trailer constitute a si wle recreational
Recreational Vehicle Class!means a ecreational vehicle with a length of less thani wenty20 feet
and a hei l of less than six 6 feet when measured from the iparking surface to the 1,ighest 20int of
the vehicle.
Recreational vehicle Class II means a recreational vehicle with a lenth of twenty 2 feet or more
and/or a hei t of six 6 feet or more when measured from the
e vehicle. arkin surface to the highest voint of
Section 11.10 Subd. 32 (Recreational Vehicle Storage)Add to read as follows:
A. General Standards
1. Recreational vehicles and eQui2ment shall not be used for livinILLI—eeping or
housekeeping while parked or stored
2. Excgpt on 2Merties that are valid motor vehicle dealers-recreational vehicles
shall have a current license and registration
3. Recreational vehicles shall be in o erable condition. No recrea ional vehicle
at is in a statt of vi ible e l i r shall a azk o tored outside of
a building.
B. Single Family Residential Zoning Districts.
1. OugIn no-case shall more than two 21 s I or one 1 lass H
ecreational vehicles be 2ermitted on any lot or Rarcel unless stored or Rarked
inside a building.
Revised 9/10/98
• 2 Size Unless stored or parked inside a building, no class II recreational vehicle
greater than forty(40) feet in length shall be permitted.
3. Location. Recreational vehicles may be parked or stored in single family
residential zoningdistricts in accordance with the following requirements:
(a) The lot or parcel shall contain a permitted principal use in the applicable
single family residential zoning district.
(bio recreational vehicle shall be parked or stored within five(5) feet of
an interior side lot line or rear lot line.
(c) No recreational vehicle shall be parked or stored within a front yard or
side yard abutting�a street except where designated off-street_parking
space is provided in accordance with Section 11.10 Subd.13 of this
Code.
4. Ownership and Guest Parking. All recreational vehicles parked or stored shall
be owned or leased by an occupant of the premises. Guests of the occupant of
the premises may park on a driveway on the premises for a period not exceeding
seven (7•) days in any consecutive thirty(30)day period provided all location
requirements of this subdivision have been satisfactorily met.
5. Screening.
(aa) In cases where the recreational vehicle is visible from adjacent and
abutting.properties or public streets,visual screening in the form of a
solid fence or 121antings that provide a minimum opacity of seventy five
(75)percent at time of planting shall be provided. This provision may
be waived by the City with written consent of the property owner(s) of
the property abutting the recreational vehicle storage location.
(b) Fences used to satisfy this requirement shall screen the maximum
amount of the recreational vehicle possible while meeting other
requirements of this Code.
(c) Plantings used to satisfy this requirement shall screen a minimum of
fifty(50)percent of the length and fifty(50)percent of the height of the
recreational vehicle at the time of planting.
C Multi-Family Residential Zoning Districts.
1. All recreational vehicles parked or stored shall be owned or leased by an
occupant of the premises where such vehicle is parked or stored.
Revised 9/10/98
2. Recreational ve 'cies arked or stored outdoors shall be park d or stored on
hard surface aas meeting the minimum setback uirement for arkin lots.
3. An off-street azkin aces used for be-Darking or storage 4 if re reational
vehicles shall be in excess of the-minimurn number of Rarkinle s aces re uired
by code.
4• Recreational vehicle sto outdoors hall be screened from scent ro erties
or Rublic ri is-of-wa by a fence.-building or Rlantings that r Ovide a
minimum OR aci of seventy five 75 ercent at the time of R ting. Fences
-used to satisfv this MQuirement shall screen the maximum am unt of the
recreational vehi cle Rossible while meeting other r uirementI of this Code.
Plantings used to tis s r uir ent all screen a minim of fi 50
ercent of the height of the reatio al vehicle at the time of lantin .
D. Nonresidential Zoning Districts
1. ExcgRt in cases where a REO is ARRroved for recreational vehicle sales
and/or storage activities no recreational vehicles shall be ark �j or stored
outdoors for more than forty eight(481 consecutive hours
2. Recreational vehicles Rark or stored outdoors shalla ark or stored on
band surfaced areas meeting the minimum setback r uirement for arking lots.
13
Revised 11/25/98
y PROPOSED
ACCESSORY BUILDING RELATED
CODE MODIFICATIONS
Section 11.03 (definitions)Add the following definitions:
Accessory Building means an accessory structure detached from the Rrincipal structure,having
a roof and walls to provide weather protection. This includes detached garages, storage sheds,
gazebos and similar structures. A carport attached to an accessory building is considered part
of that accessory building.
Accessorg Use means a subordinate use that is located upon the same lot on which the primary
use is situated and which is reasonably necessary and incidental to the conduct of the primary
or main use
Deck means a horizontal, unenclosed,platform with a structural framing supports stem,
attached or functionally related to a principal use or dwelling. A deck mayinclude attached
railings, seats,trellises,or other features.
Garage Private means an accessory building(detached) or use (attached) designed primarily
for the storage of personal motor vehicles.
Height ofBuilding or Structure means the vertical distance measured from the average
elevation of the highest and lowest points within a five (5) foot horizontal distance from the
exterior building foundation to the highest point of the coping of a flat roof,the deck line of a
mansard roof, or the average height of the highest gable of a pitched or hipped roof. (Adoption
of this definition should prompt a reconsideration of the City's principal building height
requirements)
Patio means a recreation area that adjoins a dwelling at grade level, is often paved, and is
ically designed especially for outdoor dining.
Porch means a portion of a Rdacipal structure with a roof to provide weather protection but
not intended for year round use or habitation.
Swimming Pool Outdoor means any structure,basin, chamber or tank containing an artificial
body of water for swimming. diving or recreational bathing used in connection with a single-
family dwelling and having a depth of more than twenty four(24)inches at any point and a
surface area exceeding one hundred fifly_(150)square feet.(This is a reiteration of the
definition provided in Section 4.70 of the Code)
/Z/
Revised 11/25/98
Section 11.03 (definitions)Delete the following definitions:
Section 11.10 Subd. 5(Accessory Buildings,structures and uses)Amend to read follows:
A. General Standards
1. No accessory building or structure other than a fence or a tem orary
construction office shall be permitted on any lot in m 9 of a residential
nin district prior to the time of construction of the principa building to
which it is accessory,except a residential garage,which prior, the
construction of a residence can be used only for storage purposes pertaining to
and until the completion of the main structure.
2. Aqcessory buildings eater than one hundred fi (150-) s e feet in size
shall exhibit finish materials similar and com atible to those ul'lized on the
Rn
ncival building and match the principal building in color.
A cessory buildings shall be maintained in a manner that is cog anatible.with
adiacent uses and does not Rresenta h to ublic health sa�ejy and jeneral
welfare.
B. Agricultural Uses Buildings and structures accessory to farming operations are exempt
from the req uirements of this subdivision except that a building contai g more than.
two L2)animal units shall not be less than fifty(501 feet from a lot line
C. Detached Single Family Uses
1• No accessory use u'ldin o ent shall be l!owed with n a r uired
fiont yard setback. With exception f anattached arae ce so
building. c e or ient mgy be Dlacedd.
No-build'No-building Rermit shall bei sued for-more an tw 2 etach A accesso
structures for each le family dwelling. exc t b n itio 3. use ermit.
No_&Ccessory builft&shall exceed the of the D Cture.
4. Accessory buildings eater than one dred150 uare feet ' size
shall comply with the following setbacks•
l,!5'*"
Revised 11/25/98
From side yard
Interior 5 feet
Comer 30 feet
From rear yard 10 feet
From principal structure 6 feet
5. The total floor area of a detached accessory building and any attached garage
shall not exceed one thousand one hundred(1,100) square feet, except by
conditional use permit.
6. No accessory building or structure shall exceed sixteen 0 6) feet in height.
D. Other Uses.
1. Buildings and structures accessory to uses other than farms and single family
detached dwellings shall conform to the principal building setback requirements
gpecified for the respective zoning district in which they are located.
2. Buildings and structures accessory to uses other than farms and single family
detached dwellings shall not exceed the district height limit or the height of the
principal building.whichever is less, except as otherwise allowed by this
chapter.
E. SwimmingPools.
1. The interior vertical wall of swimming,pools shall not be closer than fifteen 0 5)
feet to any side or rear lot line.
2. No swimming wool shall be located beneath or within ten 00) feet of any
overhead utility lines or over any underground utilily lines.
3. All outdoor swimming pools shall be completely enclosed by a security fence or
wall at least four fA)but not more than six L6)feet high and located at least four
(4) feet from the edge of the pool. The bottom of the fence or wall shall be no
higher than four W inches above the surface of the ground. Fence openings or
points of entry to the pool area shall be equipped with self-closing and self-
latching lockable gates. elim
_ ggft
ev-€eethelds. (This is a reiteration of a provision provided in Section 4.70 of
the Code but should be subject to further discussion by the APC)
4. No swimming wool shall be used,kept.maintained or operated in such a manner
as to constitute a nuisance or as to be hazardous to health, life or property. All
swimming 2001s shall have and operate adequate equipment to filter and
otherwise keep the water clean and free from contamination.
/9
Revised 11/25/98
F. onditional Use Permits. A lication for a conditional use ennit er this
ubdivision shall be remilataA Ikti Section 11.40 ubd. 4 of this ha t r. -Such a
conditional use hermit may anted provided that:
1• There is a demonstrated need and vototial for continued usef the structure
an_pnrpose stated
the case of residential uses no commercial or home occMRa ion activ'ties are
conducted witbin the accessory buildinje or attached garage
e uildin h evident re-use or function related to the ci al use.
4. The rovisio s of .40 Subd. 4. o 's cha ter shall be con idered and a
determination is made that the RWRosed activi1y is in comRliar ce with such
riteria.
Section 11.10 Subd. 6 (Required Yards and Open Space)Add Subd. E. to read as ollows:
E. The following shall not be considered as encroachments onmeuired d setbacks:
1. Chimneys, flues ills ilasters lintels ornamental eatures cces eaves
gutters, and similar features..provided they do n2LRroiect more than thi 30
inches into the required yard
2. Decks Ratios.-balconies, orches too s or other similar fea es rovided the
do not extend more than thi 30 inch s above-the finished -ade and a
distance greater than efizht f8 feet into a re
Quired front Yard, fi e 5 feet into a
fired side yard and five 5 feet into a r ired rear and an rovid d the
do not encroach upon a public easement
3. Ln rear yards,recreational clothearbors and trellises, azebos
breezeways-detached accessory buildings, air conditioning or h atin
I ment maencroach to oint not less than ten Nfeet the rear lot
Section 11.20 Subd. 6.A imum area,setbac and-he ht r uirements for re idential uses
Amend to read as follows:
A. The following table sets forth the minimum area,setback,and height requirements for
residential uses:
h
E +
E =eca o
O
R =I re =I
V
.ry
•� E ec
Y
0
b
is. rAd h
� t
u
.cz 3 S 8
� 3
co
C v O y
0
y
QQ QQ QQ 25 'd
� o
N E
Tr T
7 Y m
C ° 3 o u3 o Z
8
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e w.
E a w a oC oG a s