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PC Packet 12.15.15 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,December 15, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDNovember 17, 2015 4.PUBLIC HEARINGS A.CONSIDERATION OF A CONDITIONAL USE PERMIT TO BUILD A POLE TYPE BUILDING IN A C-4 ZONING DISTRICT LOCATED AT 1385 HWY 7 W, JEFF MUNSELL, APPLICANT Motion to close hearing –Motion to approve with staff recommendations –Motion to reject B.CONSIDERATION OF A VACATION OF A PORTION OF CITY RIGHT OF WAY NEAR 470 HIGH ST AT HWY 7 E Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS A.Discussion on Micro-Distillery Locations B.Discussion on Pole Buildings and Accessory Structure Size Limits 6.NEWBUSINESS 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,November 17, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. The November 17, 2015 Planning Commission meeting was called to order by Chair Hantge at 5:30p.m. Members in bold were present Chair Hantge,Commissioner Kirchoff,Commissioner Johnston(resigned),Commissioner Norton,Commissioner Arndt,Commissioner Wick, and Commissioner Fahey. Also present were Dan Jochum, City Planner and Kyle Dimler Planning and Building Specialist. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDSEPTEMBER 15, 2015 Motion by Commissioner Arndt, Second by Commissioner Faheyto approve. Motion approved unanimously. 4.PUBLIC HEARINGS A.CONSIDERATION OF ACONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY STRUCTURE OVE 1,000 SQ. FT. IN SIZE THAT IS ALSO A POLE BUILDING AT 1485 SOUTH GRADE RD SWINA R-1 ZONING DISTRICT, DOUGLAS ANDERSON, APPLICANT. Commissioner Norton read a statement outlining the process that will be followed for the public hearing portion of the meeting. Chair Hantge presented the application for consideration. Dan Jochum, City Planner, addressed the Commission. Mr. Jochum reviewed the proposed application and the requirements for the conditional use permit dueto the square footage of the proposed structure and the proposed type of construction. Mr. Jochum stated staff did not have any concerns with a metal accessory building in this more rural type setting, even though it is within a residential zoning district of the City. Mr. Jochum noted it is Staff’s understanding that the previously adopted zoning ordinance prohibited pole buildings but the City does not have any regulations regarding the exterior roof and wall finish material. The ordinance was Minutes Hutchinson Planning Commission November 17, 2015 Page 2 established to limit the use of unappealing agricultural appearing buildings within residential zoning districts. Mr. Jochum stated regulating type of construction is impractical when the finish materials are not regulated. Commissioner Norton noted over time the aesthetics of pole buildings has drastically improved from when the ordinance was first implemented. Chair Hantge asked to clarify the proposed drive access to this structure. Mr. Jochum state the proposed access would be an internal gravel drive that would intersect the existing concrete driveway. Doug Anderson, 1485 SouthgradeRd. SW addressed the commission. Mr. Anderson noted the lean-to roof was his original intention but understands there is concern regarding the lean-to portion of the structure and would like an explanation of that. Mr. Jochum noted that the lean-to roofwas originally presumed to be within the 1,500 sq. ft. of the building. However, Mr. Anderson clarified that the enclosed portion of the building is desired to be 1,500. Mr. Jochum noted that the ordinance considers the entire footprint of the structure and not simply the enclosed portion of the building. Commissioner Fahey asked to clarify that the building Staff is recommending approval of is the building without the lean-to. Marc Sebora stated he concurs with Mr. Jochum’s interpretation of the zoning ordinance. Chair Hantge asked if it would be a possibility to apply for a variance from the square footage limitation to be able to add the proposed lean-to. Mr. Jochum asked, Interim Building Official Kyle Dimler to clarify based upon the building code if the lean-to would be considered part of the building. Mr. Dimler stated because the roof line is one roof line and there are footings required to support the roof of the lean-to, it is a part of the whole building. Chair Hantge asked Mr. Jochum to explain what would be required to grant a variance to exceed the 1,500 sq. ft. maximum. Commissioner Norton stated a future possibility would be to amend the ordinance to regulate maximum building size based upon lot size and asked for clarification on thetime line of that process. Minutes Hutchinson Planning Commission November 17, 2015 Page 3 City Attorney, Marc Sebora stated the process would be slightly longer than the process to apply for a variance. Motion by Commissioner Fahey, seconded by Commissioner Norton to close hearing at 6:03 p.m. Commissioner Fahey moved to approve with staff recommendations, seconded by Commissioner Kirchoff. Motion approved unanimously. This item will be on the consent agenda at the Tuesday, January 19, 2015 City Council meeting at 5:30 p.m. Motion to close hearing –Motion to approve with staff recommendations–Motion to reject 5.UNFINISHED BUSINESS NONE 6.NEWBUSINESS A.DISCUSSION REGARDING APPROPRIATE LOCATION FOR MICRO DISTILLERIES AND COCKTAIL LOUNGES. City Attorney, Marc Sebora addressed the Commission. Mr. Sebora shared the City Council desired the Planning Commission to review appropriate zoning districts for micro-distilleries and cocktail lounges as the Council recently approved the licensing of such facilities. Mr. Sebora stated that unlike breweries there is no distinction between large and small. A micro-distillery is one that produces less than 40,000 of spirits. Commissoner Kirchoff noted often these micro-distilleries favor being accessible by food vendors. Dan Jochum, City Planner, noted perhapsthe 40,000 gallons could be the distinguishing point between being located in a Commercial zoning district and being located in an Industrial zoning district. Mr. Sebora noted an applicant is only permitted to have a cocktail room if the applicant is a micro-distillery. Mr. Jochum noted it would be logical to mirror the zoning district thresholds of the micro-brewery ordinance. Minutes Hutchinson Planning Commission November 17, 2015 Page 4 B.DISCUSSION REGARDING ACCESSORY STRUCTURE SIZE LIMITS IN RESIDENTIAL ZONING DISTRICTS. Mr. Jochum noted that regardless of the limit imposed, there is likely to always be an applicant that desires to exceed the limit. Commissioner Norton stated he believes it would be appropriate to have a ratio developed for building size based upon lot size. Mr. Jochum asked the Commission if they had a recommendation of a maximum accessory structure size regardless of lot size. Mr. Jochum shared that it becomes difficult for staff to enforce a subjectively worded ordinance. Chair Hantge asked Mr. Jochum to research and draft some proposed language for a maximum size and a possible ratio based upon lot. 7.COMMUNICATION FROM STAFF A.Upcoming Meetings Mr. Jochum noted there will be a Planning Commission meeting in December as there is currently an application for a C.U.P. for a pole-type building. Mr. Jochum also noted there is a vacation of a right-of-way and a possible site plan review to be heard at the December Planning Commission meeting. 8.ADJOURNMENT Motion by Commissioner Arndt, Second by Commissioner Nortonto adjourn the meeting at 6:25p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:December 10, 2015, for December 15,2015, Planning Commission Meeting Application:Consideration of a request for a Conditional Use Permit to aPole Building at 1385 Highway 7 West. Applicant:Jeff Munsell/Excelsior Homes CONDTIONAL USE PERMIT Excelsior Homesis requestinga conditional use permitto construct a pole building at 1385 Highway 7 West.Section 154.123, of the Zoning Ordinance requires a conditional use permit for buildings of pole type construction. GENERAL INFORMATION Existing Zoning:C-4 Fringe Commercial Property Location:1385 Highway 7 West Lot Size:1.76Acres Existing Land Use:Commercial Conditional Use Permit Excelsior Homes–1385 Highway 7 West Planning Commission –12/15/15 Page 2 Adjacent Land Use And Zoning:C-4 to East R-2 to West and North Comprehensive Land Use Plan:Commercial Zoning History:Commercial Applicable Regulations:Section 154.123 Building:The proposed building is2,000sq. ft. Analysis: The purpose of the building is to store vehicles and equipment. The building is proposed to be located on the northern portion of 1385 Highway 7 West. It will be located approximately 57 feet from the residential zoning area to the north. There are already some large evergreen trees that will provide screening from the adjacent residential properties. Staff proposes adding three more evergreen type trees at least 6 feet tall to fill in the gaps between the existing evergreen trees to the north to provide more screening for the building. (See aerial photo attached). Conditional Use Permit: The Conditional Use Permit (CUP) is required for pole type building construction. The following are standards for granting a conditional use permit: (a)The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c)The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends approval of the conditional use permitwith the following recommendations: 1.The standards for granting a conditional use permit would be met, subject to the conditions stated. Conditional Use Permit Excelsior Homes–1385 Highway 7 West Planning Commission –12/15/15 Page 3 2.The proposed building and site improvements shall comply with the standards of the C-4district and the Zoning Ordinance, as well as all other City regulations. 3.The use must meet all applicable building and fire code regulations. 4.The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. 5.If the proposed usefails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 6.The Applicant must obtain all necessary permits for any construction that would be needed. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:December 10, 2015, for December 15,2015, Planning Commission Meeting Application:Consideration of a request for a vacation of a portion of City right-of-way near 470 High St.NEat Highway 7 East. Applicant:City of Hutchinson VACATION OF EASEMENTS VacatedPortion p Brief Description: The City of Hutchinson is requestingto vacate a portion of City right-of-way near 470 High St.NEand Highway 7 East because the City does not need the property for right-of-way purposes. The City is then planning on selling the property to the abutting property owner. The property owner at 470 High St. has always maintained this portion of property and it is essentially a part of their lot. GENERAL INFORMATION Existing Zoning:C-4 Fringe Commercial Property Location:470 High St. NE Vacation of Right-of-Way 470 High St. NE and Highway 7 East Planning Commission -December 15, 2015 Page 2 Lot Size:Approximately .088 acres Existing Land Use:Right-of-Way (undeveloped) Adjacent Land Use and Zoning:C-4 Fringe Commercial Comprehensive Land Use Plan:Commercial Zoning History:N/A Applicable Regulations: Section 14.05 Vacation of Streets -City Charter Analysis and Recommendation: Staff recomments approval of the vacation of right-of-way. TO:Planning Commission FROM:Marc A. Sebora, City Attorney DATE:December 10, 2015 SUBJECT:Micro-distillery Cocktail Rooms As a follow up to our discussion at last month’s meeting, please find enclosed a proposed ordinance that would allow micro-distillery cocktail rooms in the commercial and I/C zoning districtsof Hutchinson by conditional use permit. This is the same amendment to the zoning ordinance as was done in August 2014 to allow Brew Pubs and Taprooms. Dan Jochum and I will be available for any questions you may have at the meeting. § 154.062 C-2, AUTOMOTIVE SERVICE COMMERCIAL DISTRICT. (A)Purpose. The C-2 district is intended to provide locations for businesses which generate a high degree of automobile traffic and which would properly be developed along major thoroughfares of the community. (B)Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached. Highly similar uses not listed may be allowed upon the determination of the City Council. (1)Retail sales businesses; (2)Service stations, automobile repair shops. For standards, see § 154.111 of this code; (3)Car wash operations, including automated lanes. For standards, see § 154.112; (4)Business and professional offices; (5)Drive-through banking facilities, postal centers and similar uses; (6)Convenience goods store; including gasoline pumps, subject to a maximum of 4,000 square feet ofenclosed sales area; (7)New car, marine, farm machinery, manufactured home, sales and display areas, when operated in conjunction with and as part of the new item franchised dealership; (8)Nurseries and garden supply centers; (9)Motels; and (10)Restaurants, including convenience food restaurants. (C)Conditional uses. Used car, farm machinery, marine and mobile home sales and display areas when not operated as a part of new item franchise dealership, Brew Pubs, Tap Rooms, Micro-distillery Cocktail Rooms. § 154.063 C-3, CENTRAL COMMERCIAL DISTRICT. (A)Purpose. The C-3 central commercial district is intended to provide an area for the grouping of general retail sales establishments, offices and services which serve city residents and the surrounding area. The C-3 district provisions and boundaries are intended to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the approved Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded. On-site parking is not required in this district. (B)Permitted uses. The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council. (1)Trade and services: any retail store or personal service business subject to all regulations and permits and licenses as may be required by law, and further provided that the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses; (2)Cultural facilities; (3)Trade and business schools; (4)Catering establishments; (5)Employment agencies; (6)Game and amusement arcades; (7)Hotels and motels; (8)Interior decorating service and sales; (9)Offices for corporations and professionals; (10)Publishing, job printing and blueprinting; (11)Post offices and other public service operations; (12)Restaurants; (13)Taverns; (14)Theaters; (15)Commercial parking lots; (16)Pawnbroker establishments; (17)Massage service establishments; and (18)Upper level apartment units. (C)Conditional permitted uses. (1)Commercial parking ramps for passenger vehicles only, provided a reservoir space is provided within the structure for holding cars awaiting entrance, which reservoir space shall have a capacity of no less than two vehicles; (2)New or used automobile sales; indoor display area only; (3)Motor fuel and service stations, excluding major repair operation. See Appendix B to this chapter for the off-street parking schedule; (4)A state licensed residential facility serving from seven through 16 persons; (5)Group homes up to 5,000 square feet; (6)All licensed day care facilities which are not permitted principal uses under state law; (7)Single-family residences applying for additions, decks, garages, remodeling, or other single-family related uses. (8)(a)Drive-through windows (specific considerations of traffic impact, accessibility to appropriate roadways, site plan consideration and other relevant information would be part of the application review). (b)Conditions for residential facilities, group homes, crisis shelters and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi-family residential property in the same district, unless the additional conditions are necessary to protect the health or the safetyof the residents of the residential facility. (9)The requirements of § 154.115 of this code shall apply to the conditional uses described in this section. (10)Tattoo establishments. (11)Brew Pubs (12)Tap Rooms (13)Micro-distillery CocktailRooms § 154.064 C-4, FRINGE COMMERCIAL DISTRICT. (A)Purpose. The C-4 commercial district is intended to provide one or more areas for the grouping of general retail sales establishments, offices and services which offer convenient shopping facilitiesfor city residents and the surrounding area. C-4 district provisions and boundaries are established to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the city’s Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded. (B)Permitted uses. The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council. (1)Trade and services: any retail store or personal service business subject to all regulations and permits and licenses as may be required by law, and further provided that the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses as determined by the city’s Planning Commission; (2)Catering businesses; (3)Convenience grocery stores; (4)Cultural facilities; (5)Game and amusement arcades; (6)Hotels and motels; (7)Motor vehicle sales and service establishments; (8)Post offices and other public service operations; (9)Restaurants, including convenience food; (10)Taverns; (11)Theaters; (12)Trade and business schools, technical colleges, vocational schools, universities; (13)Hospitals; (14)Crisis shelters; (15)Car washes; (16)Pawnbroker establishments; (17)Massage service establishments; and (18)Offices; business and professional. (C)Conditional permitted uses. (1)Permitted uses listed in the C-2 district but not including used car, farm machinery, marine or manufactured home sales; (2)Commercial parking structures; (3)Churches and houses of worship and related facilities; (4)Storage units; (5)Tattoo establishments; (6)Towing company offices with fenced impound lots, subject to providing a completely fenced and screened enclosure. Fences must be a minimum of six feet high and constructed of wood or equivalent materials; and (7)Dog daycare. (8)Brew Pubs (9)Tap Rooms (10)Micro-distillery Cocktail Rooms § 154.065 C-5, CONDITIONAL COMMERCIAL DISTRICT. (A)Purpose. The purpose of the C-5 conditional commercial district is to provide for business, commercial and retail uses that are conveniently accessed by major arterial traffic. (1)Development will be allowed only as a conditional use to: (a)Ease land use transition; (b)Control development so that it iscompatible with the surrounding property; and (c)Establish dimensional requirements on an individual basis. (2)Those uses which substantially interfere with the overall function of the area will be excluded. (3)Development shall also meet standards for lighting, landscaping and pedestrian access. (B)Permitted uses. (1)There are no permitted principal uses in the C-5 district. (2)(a)Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet; (b)Parking and loading facilities, as regulated in § 154.116 and Appendix B to this chapter; and (c)Signs as regulated in §§ 154.135 through 154.139. (C)Conditional uses. Buildings or land may be used for the following if granted a conditional use permit: (1)Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses; (2)Business and professional offices; (3)Candy and ice cream shops; (4)Cultural establishments: museums, galleries and the like; (5)Convenience goods stores; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area; (6)Freestanding and attached car washes; (7)Hotels and motels; (8)Motor fuel and service stations, excluding major repair operation. See Appendix B to this chapter for the off-street parking schedule; (9)Restaurants, including convenience food; (10)Retail sales; (11)Theaters; and (12)Variety, gift, notion, antique and soft goods stores. (13)Brew Pubs (14)Tap Rooms (15)Micro-distillery Cocktail Rooms § 154.066I/C, INDUSTRIAL/COMMERCIAL DISTRICT. (A)Purpose. It is the purpose of the I/C district to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial or commercial development will be allowed only as a conditional permitted use to: (1)Ease land use transition; (2)Control development so that it is compatible with surrounding property; and (3)Establish dimensional requirements on an individual basis. (B)Permitted uses. (1)There are no permitted principal uses in the I/C district. (2)(a)Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the samelot therewith not to exceed 320 square feet; (b)Parking and loading facilities, as regulated in § 154.116 and Appendix B to this chapter; (c)Signs as regulated in §§ 154.135 -154.139 of this code; (d)Pawnbroker establishments; and (e)Massage service establishments. (C)Conditional uses. Buildings or land may be used for the following if granted a conditional use permit, and provided further that any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste, shall be ameliorated, controlled or eliminated through design, mechanical devices, screen planting and/or walls or other measures as specified by the Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious or offensive: (1)Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses; (2)Automobile or trailer sales and service establishments; (3)Building materials and hardware, retail sales and repairs; (4)Business and professional offices; (5)Cultural, entertainment and recreational establishments; (6)General merchandising, apparel and accessories and establishments; (7)Car wash operations, including automated lanes. See Appendix B to this chapter for the off-street parking schedule; (8)Catering establishments; (9)Churches and houses of worship and related facilities; (10)Convenience goods and food shops, subject to a maximum of 5,000 square feet of sales area; (11)Dog kennels; (12)Drive-in or drive-through restaurants, banking facilities and the like; (13)Employment agencies; (14)Fairgrounds; (15)Furniture, home furnishing and equipment, sales and display; (16)Hotels and motels; (17)Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling, except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Zoning Administrator upon review of the building permit application; (18)Motor vehicle body shops; (19)Post offices and other public service operations; (20)Publishing, job printing and blue printing; (21)Nurseries, garden supply centers; (22)Restaurants; (23)Service stations, automobile repair shops. Standards for automobile services stations are set forth in § 154.111 of this code; (24)Taverns; (25)Trade and business schools; (26)Theaters; (27)Warehousing, storage and wholesaling: the storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use. This does not include truck terminals, which are not allowed in this district; and (28)Recyclable materials collection centers. (29)Brew Pubs (30)Tap Rooms (31)Micro-distillery Cocktail Rooms DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:December 10, 2015, for December 15,2015, Planning Commission Meeting RE:Discussion regarding possible ordinance amendments for Pole Buildings in Residential Areas. Discussion Staff has been working on possible ordinance amendments regarding pole buildings located in residential areas, as well as the size of accessory structures in residential areas. Staff believes a simple matrix that corresponds lot size to the allowable building size is going to be the easiest way to manage this issue. Staff feels that the Planning Commission should agree to a set of criteria that can be enforced without requiring a conditional use permit. The CUP process seems to just complicate something relatively straightforward. Staff is recommending that in order to have a pole building the lot size should be at least 1 acre in size. This should eliminate some of the need for a CUP by ensuring pole buildings are not build in “traditional” residential neighborhoods where a pole building wouldn’t fit in. The following is in draftand intended for discussion purposes only. § 154.026 ACCESSORY BUILDINGS. (A)No accessory buildings shall be erected or located within any required side yard setback, except as provided in §§ 154.056 and 154.057 of this code, for R-1 and R-2 districts. (B)Utility buildings in residential districts shallnot exceed12 feet by 16 feetbe smaller than 200 square feetand shall be six feet or more from all lot lines of adjoining lots, and shall not be located within a utility easement. (C)No accessory building or garage per single-family homes shall occupy more than 25% of a rear yard., nor exceed 1,000 square feet of floor area.All new homes shall either have an attached or detached garage of at least 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed.Garages between 1,000 square feet and 1,500square feet may be allowed with a conditional use permit if they do not occupy more than 25% of the rear yard. Garages larger than 1,500 square feet are not allowed in residential zoning districts.The size of detached (accessory) garages are regulatedper the below table: Lot SizeMaximum Detached (Accessory) Garage Size .15 to .29 Acres1,000 square feet .30 to .49 Acres1,250 square feet .50 to 1.0 Acres1,500 square feet 1.0 to 2.0 Acres1,750 square feet 2.0 Acres or more2,000 square feet *Note –No accessory structure or detached garage shall occupy more than 25% of a rear yard. (D)No permit shall be issued for the construction of more than one accessory detached private garage structure for each dwelling. Conditional Use Permit Excelsior Homes–1385 Highway 7 West Planning Commission –12/15/15 Page 2 (E)No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit. (F)Accessory buildings in all districts shall be located to the rear of the principal building. (G)No accessory building in a commercial or industry district shall exceed the height of the principal building except by conditional use permit. (H)Utility sheds in residential districts which have floor areas greater than ten feet by 12 feet200 square feetshall have a floating concrete slab. Only one utility shed per home is permitted. (I)Pole buildings shall be permitted only if siding and roofing in building materials are similar to the principal structure. Pole buildings are allowed only by conditional use permit. Pole type construction is not allowed fordetached garages or accessory buildings in residential zoned areas unless the lot is at least 1 acre in size. (J)Unattached garages require direct access by public way or in casesof interior lots, a side yard drive setback dimension no less than ten feet between the property line and the principal structure. Direct access to the public right-of-way is not permitted through the rear or side yard of double frontage lots located on any collectors or arterial roadways, except for properties platted prior to 1988. (`89 Code, § 11.7.14) (Ord. 464, passed 1--96; Am. Ord. 07-0459, passed 3-13-07) Penalty, see § 10.99