Village of Theresa, WI Article XI Accessory Uses and Structures; Fences; Retaining Walls; Swimming Pools

§ 350-83 Accessory uses or structures.

A. Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

B. Placement restrictions. Accessory uses and detached accessory structures are permitted in the rear yard only, except for farm parcels; they shall not be closer than 10 feet to the principal structure, shall not exceed 15 feet in height, shall not occupy more than 20% of the rear yard area, and shall not be closer than three feet to any lot line or five feet to an alley line but shall meet the street setback requirement for principal structures.

(1) Reference § 350-12G and H for shore setback restrictions and setbacks from water.

[Added 7-1-2013]

C. Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear nor nearer than three feet to the side line of the adjacent structure.

D. Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sun dials, birdbaths, trees, shrubs and flowers and gardens.

E. Temporary uses. Temporary accessory uses, such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure, may be permitted by the Zoning Administrator.

F. Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided that:

(1) Such private garage shall be located not less than five feet from the front lot line;

(2) The floor level of such private garage shall be not more than one foot above the curb level; and

(3) At least 1/2 the height of such private garage shall be below the mean grade of the front yard.

G. Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

H. Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

I. Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed three feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls, and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

J. Agricultural structures. Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.

§ 350-84 Outside storage of firewood.

A. No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.

B. Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line or higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. "Fence" as used in this section shall not include hedges and other vegetation.

C. All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within 15 days and shall not be allowed to remain on the premises.

D. Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.

E. Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.

§ 350-85 Fences and retaining walls.

[Amended 8-1-2005 by Ord. No. 1-10; 4-3-2017]

A. This article is established to recognize the public and private benefits accrued from functional and aesthetic fencing or walls between areas of incompatible land uses and due to the increasing demand for active and passive recreational and private area.

B. No person shall construct a fence or retaining wall in the Village of Theresa without first obtaining a permit from the Building Inspector. Before construction can begin, an application for a permit shall be filed with the Building Inspector on a form supplied by the Inspector, together with a plot plan, sketch design of the proposed fence area and payment of the required fees as set forth in Chapter 67, Fees. The applicant is responsible for accurately determining property lines.

C. Fences categorized. As used in this section, the following terms shall have the meanings indicated:

DECORATIVE FENCE

A fence not exceeding a height of three feet from ground level, made of material other than wire, metal, chain, or poured concrete, and constructed in a substantially open pattern (such as weave or board-and-space pattern) and not a solid pattern (such as block, concrete, or privacy pattern).

FENCE

An enclosed barrier, solid or otherwise, consisting of wood, iron, stone, metal or chain, intended to prevent ingress or egress and shall include decorative fence. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

HEDGE

A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

PICKET FENCE

A fence having pointed post, stake, pole or peg placed vertically with the point or sharp part pointing upward to form a part of the fence.

RETAINING WALL

A solid barrier of any material constructed to hold back a mass of earth. A retaining wall shall be considered a fence for the purposes of this section.

D. Fence height and setback.

(1) Residential fences are permitted in residential districts but shall not in any case exceed a height of six feet above the ground level. No fence or portion of the fence shall be constructed within the front setback area of a building, or corner side yard, unless it is a decorative fence as defined above, and located no less than three feet from the public right-of-way. Fencing within 10 feet from any point where a driveway crosses the street right-of-way shall not exceed two (2) feet in height.

(a) No woven, twisted, welded, chain or interlaced fence shall be located in a residential district unless such fencing includes a top rail.

(b) No wood-slat or plastic snow fence shall be permitted in a residential district.

(c) No fence or wall shall be erected, placed or maintained along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.

(d) The finished side of the fence shall face out from the lot which is being fenced, except in those cases where the outside face of the fence is shielded by hedge or other growth obstruction.

(2) Setback for residential fences and retaining walls. Fences including retaining walls in or adjacent to a residential property shall have a twelve-inch rear and side yard setback; see Subsection D(1) for public right-of-way setbacks. Fences may be constructed parallel to lot lines.

(3) Security fences. Security fences are permitted on the property lines in all districts, except residential districts, but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(4) Prohibited fences. No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground and project toward the fenced property and away from any public area.

(5) Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

(6) Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(7) Existing fences. Any fence which exists at the time of the passage of this section, but does not conform to the provisions thereof, shall not be altered or enlarged without making the entire fence conform to the provisions of this section.

E. Dog pens and runs shall be erected in the rear yard only and shall be located at least 10 feet from any property line.

§ 350-86 Swimming pools.

A. Definitions. As used in this section, the following terms shall have the meaning indicated:

CHILD OF TENDER YEARS

Any child who has not attained the age of 10 years.

PRIVATE OR RESIDENTIAL SWIMMING POOL

An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface of ground elevation, having an area greater than 150 square feet, and used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

B. Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 18 inches and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.

C. Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction as provided for in Subsection D unless the following construction requirements are observed:

(1) All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all ordinances of the Village now in effect or hereafter enacted.

(2) All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.

(3) All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and Village ordinances regulating electrical installations.

D. Setbacks and other requirements.

(1) Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

E. Location. Swimming pools constructed in residential districts shall be located on the same lot as, and in either the rear or the side yard of, a principal building; however, they shall not be constructed in the front yard or in a required corner side yard in such districts. Swimming pools, either open or enclosed, shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.

F. Fence requirements. Every person who owns, directly or indirectly, operates, uses, has custody or control of, or has the right to use any private swimming pool located in the Village, having side walls and rails which stand less than four feet above the ground on which the pool is situated, shall erect and maintain a fence at least four feet in height, or a suitable barrier around the swimming pool or attached to the pool walls of such size and construction as to safeguard a child of tender years and to prevent such child from falling into the swimming pool. Such fence or barrier shall safeguard those areas of the pool walls that are less than four feet in height above the ground on which the pool is situated. Also acceptable shall be the installation and maintenance of a cover or other protective device over the swimming pool of such design and material that the same can be securely fastened in place and, when in place, shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes.