SECTION 1217.01 SINGLE FAMILY DETACHED USES:

 A. Except as may be specifically provided, no accessory use, building, structure or equipment shall be allowed within a required front yard.  Permission to construct accessory buildings in a front yard may be granted by the City Council through a conditional use permit where topographical and/or other conditions indicate such request will not have a detrimental effect on adjacent property.

B. A garage not exceeding one thousand two hundred fifty (1,250) square feet shall be considered an integral part of the principal building if it is attached to the principal building or is connected to it by a covered passageway and such garages are exempt from the provisions of this Subsection.

C. A  detached  accessory  building,  except  by  conditional  use  permit,  shall  not exceed one thousand (1,000) square feet) nor exceed one (1) story or sixteen (16) feet in height.  All such buildings shall be twenty-five (25) feet or more from all lot lines and shall be six (6) feet or more from any other building or structure on the same lot.

17 D.   No  permit shall be  issued  for  the  construction  of  more  than  one  accessory building and/or structure, except by conditional use permit, with the exception of the construction of a related pool accessory building no larger than two hundred (200) square feet for purposes of storing pool equipment in conjunction with construction of a swimming pool.

 

E. Accessory buildings, structures, and uses may encroach into the required rear and side yard setbacks within the rear yard of a lot, except, however, that no such encroachment may occur on required or existing easement.

 

F. Accessory buildings, structures, and uses shall not occupy more than twenty-five

(25) percent of any required rear yard.

 

G. No detached accessory building shall be utilized for human habitation.

 

H. Accessory buildings, structures, and uses shall be screened from neighboring properties and the public right-of-way and the design and positioning of any such building, structure, or use shall minimize the impact upon abutting properties.

 

I. Stables or barns for the housing of animals allowed by this Ordinance may be permitted subject to the approval of a conditional use permit as regulated by Section 1204 of this Ordinance.

 

J. Shoreland regulations applicable to accessory buildings, structures, and uses, as provided in Section 1243 of this Ordinance, shall be in addition to and supersede standards established in this Section.

 

 

 

9  SECTION 1217.02   TIME OF CONSTRUCTION:

 

No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory, except by approval of a conditional use permit.

 

 

 

SECTION 1217.03 BUILDING MATERIALS:

 

The same or similar quality exterior material shall be used in the accessory building and in the principal building.  All accessory buildings shall also be compatible with the principal building on the lot and shall be designed to blend with the environment. "Compatible" means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause:

 

A.       A difference to a degree to cause incongruity.

 

B.       A depreciation of neighborhood values or adjacent property values.

 

C.       A nuisance. Types of nuisance characteristics include unsightly building exterior.

 

SECTION 1217.04       CONDITIONAL USE PERMITS:

 

Application for a conditional use permit under this Subsection shall be regulated by Section 1204 of this Ordinance.  Such a conditional use permit may be granted provided that:

 

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

 

B. No commercial or home occupation activities are conducted on the property. C. The building has an evident re-use or function related to the principal use.

D. Accessory building 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.

 

E. The provisions of Section 1204.02.F. of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria.

 

 

 

31  SECTION 1217.05  OPT OUT OF MINNESOTA STATUTES SECTION 462.3593:

 

Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Sunfish Lake opts out of the requirements of Minnesota Statutes §462.3593, which defines and regulates temporary family health care dwellings.