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Ordinance #274 - Accessory Buildings

AN ORDINANCE AMENDING CHAPTER 3 SECTION 01.02 OF THE MARION CITY ZONING ORDINANCES REGARDING ACCESSORY BUILDINGS.

BE IT ORDAINED BY THE CITY OF MARION , SOUTH DAKOTA :

That Section 3.01.02 of the Marion City Ordinances is hereby amended to read as follows:

3.01.02 Accessory Buildings.  An accessory building is an uninhabited building or structure that is detached from the principal structure on lot of record, the use of which is subordinate to the principal use on the property.  Under no circumstances shall an accessory use be construed to authorize a use that is not permitted in the zone district in which the principal use is located.  In no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory.

Accessory buildings in excess of 700 square feet in area should be approved only if there is a legitimate residential purpose for such accessory buildings.  Special care should be taken to ensure that the applicant is not using such structure for the operation of any business and that the applicant understands that commercial or industrial use would not be permitted in said accessory building.

Special requirements for accessory buildings are as follows:

 Height

·        The maximum height of the accessory building shall not exceed 20 feet or the height of the principal structure, whichever is less.

 Size

·        The size of the accessory building shall not exceed 50% of the main structure, but shall not exceed 1,200 square feet.

·        The width of the building shall not exceed 30 feet and the length shall not exceed 40 feet.

·        The accessory building should be subordinate, in terms of mass, scale and height, to the primary structure.

·        Accessory buildings shall not occupy more than thirty (30) percent of the rear yard or 1,200 square feet, whichever is smaller.

·        Any accessory building which covers more than 120 square feet shall be secured to the ground with a full perimeter foundation to prevent the structure from being moved or damaged by high winds.

 Materials

·        Accessory buildings shall be compatible with the exterior color and materials of the principal structure.  The use of wood, brick, or stucco, or a material that looks similar to wood, brick or stucco is encouraged.

·        If compatible exterior colors and materials are not available, materials used should be utilitarian in appearance and include natural and earth tone colors and finishes.

·        Cloth, canvass, plastic sheets, and tarps and similar materials, are not allowed as primary material on accessory buildings.

 Roof

·        All roofs shall have a minimum 4:12 pitch and one-foot (1’) eave overhang.

 Setbacks

·        Accessory buildings shall be located ten (10) feet or more from the main building and set back sixty (60) feet from all front property lines may be erected within five (5) feet of the side and rear property lines.

 

Ron Globke

Mayor

ATTEST: Kari Muller

  Finance Officer

   

Notice of Planning Commission Public Hearing published:   December 29, 2005

Planning Commission Public Hearing held:   January 13, 2006

Recommendation to adopt made by Planning Commission to City Council:  February 6, 2006

Notice of City Council Public Hearing published:   February 16 & 23, 2006

City Council Public Hearing held:   March 6, 2006

First Reading held by City Council:   March 6, 2006

Second Reading held by City Council:   April 3, 2006

Notice of Adoption published:   April 13, 2006

2nd Notice of Adoption published:   April 20, 2006

Effective Date:   May 3, 2006

                                                                                                                                                                                                                                               

   

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