[Amended 8-4-1999 by Ord. No. 1999-13]
An accessory use or structure in any zoning
district shall not be established prior to the existence or construction
of the principal use or structure. Any accessory use or structure
shall conform to the applicable regulations of the district in which
it is located, except as specifically otherwise provided.
An accessory use or building may be established
subject to the following regulations:
A.
Location. Accessory uses and detached accessory buildings
are permitted in the rear and side yard only.
(1)
Accessory buildings shall not be closer than 10 feet
to a principal structure.
[Amended 12-4-2013 by Ord. No. 2013-15]
(2)
Lots zoned R-1, R-2 and R-3 single-family residential are allowed a maximum of 1,000 square feet of detached accessory building space for the minimum lot size plus 100 square feet for each additional 1/4 acre up to 1,500 square feet total (so long as they meet minimum lot size requirements). The sizes of accessory structures in the TR, CR-A and CR-B Zoning Districts may be increased by conditional use permit if the accessory buildings existed at the time the lot was platted and if buildings have been deemed by the Landmarks Commission and Plan Commission to be of historic or preservative value as determined by § 320-63 of this chapter.
[Amended 10-7-1998 by Ord. No. 1998-5; 8-4-1999 by Ord. No.
1999-13; 5-2-2001 by Ord. No. 2001-6; 1-3-2007 by Ord. No.
2007-1; 6-6-2012 by Ord. No. 2012-11; 8-1-2012 by Ord. No.
2012-15; 4-2-2014 by Ord. No. 2014-5; 7-2-2014 by Ord. No.
2014-10]
(3)
Detached accessory structures in R-1, R-2, and R-3
Residential Zoning Districts shall not exceed 15 feet in height unless
constructed so that the pitch of the roof of the accessory structure
matches the pitch of the roof of the principal structure, with maximum
height being 35 feet in the R-1 District and 25 feet in the R-2 and
R-3 Districts. There shall be no finished space above the first floor.
All detached accessory structures in any residential zoning district
shall not exceed the height of the principal structure.
[Amended 4-3-1996 by Ord. No. 1996-4; 8-4-1999 by Ord. No.
1999-13; 7-2-2014 by Ord. No. 2014-10; 10-3-2018 by Ord. No. 2018-3]
(4)
Accessory buildings shall not be closer than 25 feet
to a lot's side and rear yard, except as otherwise noted in the Town
Code.
[Amended 4-3-1996 by Ord. No. 1996-4; 10-3-2018 by Ord. No. 2018-3]
(5)
Accessory buildings shall not be required to meet
the normal setbacks for rear and side yards in the R-2 and R-3 Residential
Zoning Districts for lots of record (as of October 30, 1997) that
are 3/4 or less than the required lot size. For lots of record that
are 3/4 or less than the required lot size, the side and rear yard
setbacks for accessory structures may be 1/2 the required setback.
[Amended 11-5-1997 by Ord. No. 1997-6]
(6)
The Town Board may, on an individual basis, grant
a conditional use permit to allow for the placement of an accessory
building in the street yard of a lot where the placement of an accessory
structure could only be located in the street yard based upon the
configuration of a lot. The accessory building may not be placed in
the front yard of the house.
[Amended 8-4-1999 by Ord. No. 1999-13; 6-6-2001 by Ord. No.
2001-10]
B.
Size limits. When located in the rear yard only, minor
residential accessory structures not exceeding 150 square feet in
floor area shall be constructed so that no part of the structure is
closer than 10 feet to the side or rear property line. In no case
shall any part of any structure be within five feet of a drainage
easement nor within 10 feet of a wastewater soil absorption system
if the building is of slab construction, nor within 25 feet of a wastewater
soil absorption system if the building has a below-grade foundation.
The Town Board may grant a conditional use permit that would allow
minor residential accessory structures to be constructed in the side
yard within 10 feet of a side property line of a corner lot.
C.
Garage size. Attached residential garages must be
of less square footage than the principal structure and shall conform
architecturally and visually to the principal structure.
D.
Use restrictions for all residential districts. Accessory
uses or structures in residential districts shall not involve the
conduct of any business, trade or industry, except for home occupations
or home professional offices of the owner-occupant as defined and
specified herein under this chapter. Such accessory structures shall
not be occupied as a dwelling unit.
[Amended 9-2-2015 by Ord.
No. 2015-10]
E.
Landscaping and decorative uses. In R-1, R-2, and
R-3 Residential Zoning Districts, 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, sundials, birdbaths, trees, shrubs,
flowers and gardens. For landscaping and decorative use requirements
for CR-A, CR-B and TR Residential Zoning Districts, see specific zoning
district requirements for zoning restrictions.
[Added 9-2-2015 by Ord.
No. 2015-10]
A.
Standards. In addition to all of the standards applicable to the
district in which it is located, the following specific standards
shall be used for home occupations and professional offices located
as accessory uses in all residential districts and in the E-1, A-1
and A-2 Districts:
(1)
Persons operating a home occupation or professional office shall
be carried on only by a member of the immediate family residing on
the premises, carried on wholly within the principal building or accessory
building thereto.
(2)
Persons operating a home occupation or professional office shall
employ no more than one nonresident employee, except as provided otherwise
hereinbelow.
(3)
In connection with a home occupation or professional office,
there shall be no exterior signs, exterior display, or outside storage
other than a sign permitted by this chapter, and no activity that
will indicate from the exterior that the building(s) is being used
in whole or in part for any purpose other than that of a dwelling.
(4)
A home occupation or professional office use is to be clearly
incidental to the use of the dwelling unit for residential purposes
and shall not exceed 25% of the area of any floor.
(5)
No articles shall be sold or offered for sale on the premises
except such as is produced by the occupation on the premises, and
no mechanical or electrical equipment shall be installed or maintained
other than such as is customarily incidental to domestic use.
(6)
No material or equipment shall be stored outside the confines
of the home.
(7)
No mechanical equipment may be used which creates an excessive
disturbance, such as noise, dust, odor or electrical disturbance.
(8)
The home may not be altered to attract business.
(9)
In connection with a home occupation, no motors shall be utilized
which exceed two horsepower each and not exceeding five horsepower
in total, such activity being deemed a public nuisance.
(10)
The volume of vehicular or pedestrian traffic or parking shall
not result in congestion or be in excess of what is compatible with
the neighborhood.
(11)
A home occupation or professional office shall meet fire and
building safety requirements.
(12)
Persons conducting home occupations or professional offices
must submit an application and pay any applicable fees for such use
on an approved form(s) provided by the Town, and at any time before
or after the permit is issued furnish such information as required
by municipal officials with respect to any procedures and processes,
equipment, materials, chemicals, and any other items utilized in the
home occupation or professional office.
(13)
If a home occupation or professional office to be located in
a rental dwelling unit shall require written consent by the owner
of the property.
(14)
No home occupation or professional office shall create a public
nuisance.
(15)
Any approved home occupations and professional offices as a
permitted use shall be subject to any restrictions and/or stipulations
placed on the permit by the Zoning Administrator, Administrator/Administrator
Assistant, Building Inspector or its designated official as they see
fit.
(16)
All home occupation and professional office permits are subject
to biennial review.
B.
Permitted home occupations and professional offices. Home occupations and professional offices which meet the following criteria, subject to the requirements of Subsection A above, may be permitted by the Town through issuance of a certificate of compliance which is issued by the Zoning Administrator/Administrator/Assistant Administrator:
(1)
Tailoring, dressmaking, and sewing.
(2)
Typing, transcribing, word processing, telephone answering,
preparing mailing and similar business services, including computer
programing.
(3)
Painting, sculpturing, weaving, quilting, printmaking, ceramics,
writing and similar artistic endeavors and making of home crafts.
(4)
Manufacturer representatives and sales representatives.
(5)
Drafting and graphic services.
(6)
Music and dance instruction limited to two pupils at a time,
except for an occasional group.
(7)
Tutoring limited to two pupils at a time, except for an occasional
group.
(8)
Repairing small electronic home appliances, watches and clocks.
(9)
Building tradespeople such as carpenters, painters, electricians,
plumbers, masons, and wallpapering.
(10)
Service providers such as lawyers, architects, engineers, ministers,
accountants, realtors, insurance agents or brokers, investment advisors,
and other similar state-licensed professions.
(11)
State-licensed family child care centers up to eight children.
C.
Conditional use home occupations and professional offices. The following listed home occupations or professional offices, subject to the requirements of Subsection A, may be permitted through issuance of a conditional use permit granted, denied, or revoked at the discretion of the Town Board, after the review and recommendation of the Plan Commission, as set forth under Article V, Conditional Uses, of this chapter:
D.
Unspecified home occupations and professional offices. Any use as
a home occupation or professional office that is not specified hereinabove,
whether as a permitted or a conditional use, shall be considered prohibited,
a violation of this chapter, and no such permit shall be issued by
the Town unless such proposed use is found by the Town Board, following
recommendation of the Plan Commission, to be sufficiently similar
to a specified permitted or conditionally permitted use as a home
occupation or professional office, which meets the applicable requirements
of this section and chapter.
In R-1, R-2, and R-3 Residential Zoning Districts,
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. For lawn accessory requirements in
the CR-A, CR-B, and TR Residential Zoning districts, see specific
zoning district requirements for zoning restrictions.
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.
Retaining walls may be permitted anywhere on
the lot; provided, however, that no individual wall shall exceed six
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.[1]
Athletic or recreational uses for private use by the owner-occupant, including tennis courts, sand volleyball courts, volleyball courts, or children's play equipment (swings, slides, play structures, etc.), shall be located a minimum of 10 feet off lot lines and may be located in the rear and side yard only. (See § 320-117 for swimming pool requirements.)
A.
Front yard. 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.
Stacked. Firewood should be neatly stacked and may
not be stacked closer than two feet to any lot line and not 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.
Processing. All brush, debris and refuse from processing
of firewood shall be promptly and properly disposed of and shall not
be allowed to remain on the premises.
D.
Diseased wood. 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.[1]
E.
Maximum area. Not more than 20% of the side and rear
yard may be used for storage of firewood at any one time.
[Amended 10-6-2010 by Ord. No. 2010-15; 9-5-2012 by Ord. No.
2012-17; 1-2-2013 by Ord. No. 2013-1]
A.
Fences
defined. For the purpose of this section, "fence" is herein defined
as a barrier which may consist of plastic, composite, wood, stone
or metal intended to prevent ingress or egress. For the purpose of
this section, the term "fence" shall not include plantings, such as
hedges and shrubbery. No fence shall be constructed of unsightly or
dangerous materials that would constitute a nuisance.
B.
Height.
Fences in residentially zoned districts located in the side and rear
yard shall not, in any case, exceed a height of six feet four inches
total, not including a finial or decorative cap; if a fence in the
side or rear yard includes a decorative finial or cap, total fence
height cannot exceed six feet eight inches total. Fences shall not
exceed a height of four feet four inches in the street yard, not including
a finial or decorative cap; if a fence in the street yard includes
a decorative finial or cap, total fence height cannot exceed four
feet eight inches and shall not be closer than two feet to any public
right-of-way. The height of a fence will be measured on the lot on
which the fence is located, and shall be measured as the vertical
distance from the top of the fence to the legally compliant grade
level of the ground. If a fence is constructed on a berm or retaining
wall, the allowable vertical height of the fence shall include the
height of the berm or retaining wall.
C.
Security
fences. In nonresidential zoning districts, security fences are permitted
but shall not exceed 10 feet in height, unless approved as a condition
of a conditional use permit. Barbed wire on security fences may be
used in industrially zoned areas if the devices securing the barbed
wire to the fence are at least eight feet above the ground in height
and project toward the fenced property.
D.
Prohibited
fences. No residential fence shall be constructed which is a dangerous
condition, or which conducts electricity or is designed to electrically
shock, or which uses barbed wire.
E.
Fences
to be repaired. All fences shall be maintained and kept safe and in
a state of good repair.
F.
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.
G.
Nonconforming fences. Any legal nonconforming fence existing on the effective date of this ordinance may be maintained, except where it interferes with traffic visibility at corners as governed by § 320-70, but all alterations, modifications and improvements of said fence shall comply with this section.
A.
Definition. A private or residential swimming pool
is an outdoor or indoor 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, 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 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 15 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.
Permit required. Before work is commenced on the construction
or erection of private or residential swimming pools or on any alterations,
additions, remodeling or other improvements, an application for a
swimming pool building permit to construct, erect, alter, remodel
or add must be submitted in writing to the Building Inspector. Plans
and specifications and pertinent explanatory data should be submitted
to the Building Inspector at the time of application. No work or any
part of the work shall be commenced until a written permit for such
work is obtained by the applicant. A fee shall accompany such application.
D.
Construction requirement. In addition to such other
requirements as may be reasonably imposed by the Town Building Inspector,
the Town Building Inspector shall not issue a permit for the construction
of any private or residential swimming pool or for any alterations,
additions, remodeling or other improvements to an existing private
or residential swimming pool unless the following construction requirements
are observed in such construction, alteration, addition, remodeling
or other improvements:
(1)
Construction materials. All materials and methods
of construction in the construction, alteration, addition, remodeling
or other improvements of private or residential swimming pools shall
be approved by the Town Building Inspector.
(2)
Plumbing. All plumbing work as defined in the Wisconsin
State Plumbing Code in relation to swimming pool installation shall
be in accord with the Chs. Comm 81, 82 and 84, Wis. Adm. Code.
(3)
Draining. 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 a sanitary disposal system
nor onto lands of other property owners, except into drainage easements.
E.
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
the Zoning Code for an accessory building.
(3)
The area occupied by an outdoor pool shall not exceed
10% of the rear yard.
F.
Enclosure. Every outdoor private or residential swimming pool in
the ground or with sides less than four feet high, as in the case
of aboveground pools, shall be completely enclosed by a fence or wall
of sufficient strength to prevent access to the pool, or shall have
a cover or other protective device over such swimming pool of such
a 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. Such fence or wall shall be not
less than four feet in height and not exceed six feet four inches
total, not including a finial or decorative cap; if a swimming pool
fence or wall includes a decorative finial or cap, total fence/wall
height cannot exceed six feet eight inches total, which shall be so
constructed as not to have openings, holes or gaps larger than four
inches in any dimension, except for doors and gates. The height of
a fence/wall will be measured on the lot on which the fence/wall is
located, and shall be measured as the vertical distance from the top
of the fence/wall to the legally compliant grade level of the ground.
If a fence/wall is constructed on a berm or retaining wall, the allowable
vertical height of the fence/wall shall include the height of the
berm or retaining wall. A residence or accessory building may be used
as part of such enclosure. All gates or doors opening through such
enclosures shall be equipped with self-closing and self-latching devices
for keeping the gate or door securely locked at all times when not
in actual use, except that the door of any dwelling which forms a
part of the enclosure need not be so equipped. Aboveground pools with
sides greater than four feet high which are not enclosed by a suitable
fence herein described and using a ladder for ingress and egress shall
have this ladder removed or flipped up when the pool is not in use.
[Amended 1-2-2013 by Ord.
No. 2013-1; 9-2-2015 by Ord. No. 2015-9]
G.
Public bathing places. The provisions of the Wisconsin
Statutes and Wisconsin Administrative Code for public bathing and
swimming places are hereby adopted by reference and shall apply to
all public bathing and swimming places in the Town of Cedarburg.
H.
Compliance. All swimming pools existing at the time
of passage of this Zoning Code not satisfactorily fenced or covered
shall comply with the fencing or covering requirements of this section
or when water is placed in the pool.
[Amended 9-2-2015 by Ord.
No. 2015-9]
[Amended 3-3-1999 by Ord. No. 1999-4; 2-5-2003 by Ord. No.
2003-1]
A.
Permit. No pond shall be constructed, altered or extended
in any zoning district unless a Town of Cedarburg permit is obtained
and posted. Ponds will not be permitted within 25 feet of any lot
line or within 50 feet of a bicycle path. Native plantings may be
required around any side of a pond that is within 100 feet of a public
bicycle path. Permits shall not be required for the following:
(1)
Wildlife ponds/wetland scrapes constructed with the
assistance of the Wisconsin Department of Natural Resources or the
Ozaukee County Land and Water Conservation Department and which are
located at least 100 feet from a property line; and
(2)
Landscape ponds or ground depressions less than 1,000
square feet in area, less than three feet in depth and greater than
25 feet from a property line or 50 feet from a bicycle path.
B.
Lot area. Ponds shall be considered a special accessory
use and shall not be limited to any given yard but shall not occupy
more than 10% of the total lot area.
C.
Hearing. A public hearing shall be held by the Town
Board before any permit is issued. A Class 2 legal notice shall be
published at least 10 days prior to the hearing and notices sent to
owners of record of property within 1,000 feet of the proposed pond
or pond to be altered or extended. The Town Board should take into
consideration citizen input at the hearing as well as written recommendations
from the Plan Commission before arriving at a decision whether to
grant a permit for the pond. In the event that the property situated
within the one-thousand-foot area is owned entirely by a single property
owner, then notice shall be given to the next adjacent property owner
so that at least two property owners in each cardinal direction are
provided notice of the hearing.
[Amended 10-4-2006 by Ord. No. 2006-11]
D.
Site plan. Plans for the proposed pond shall be submitted
with the application for a pond permit to assist the Town Board and
Plan Commission in their determinations. The plans shall consist,
as a minimum, of a plan view and a typical cross section of the proposed
pond. The plan view shall include the configuration of the pond with
dimensions and maximum depth areas, distances to property lines, drainage
easements, structures, outlet structures, septic systems, spoil locations,
proposed overflow spillway, proposed landscaping and any other information
that may help the Town Board and the Plan Commission evaluate the
pond. The typical cross section shall identify the bank and bottom
slopes, maximum depth, outlet and/or overflow structures with elevations
and normal water level elevation. A description of the soil type(s)
and hydraulic conditions at the site shall be provided to determine
the feasibility of a pond. The limits of the proposed pond shall be
field staked for review by the Town Board and Plan Commission.
E.
Fees. A fee as set by the Town Board shall be submitted
with the permit application to help defray the cost of processing
the application and the cost of the public hearing.
F.
Construction and maintenance. Location, construction
and maintenance of the pond shall be in accordance with the Town permit
and regulations and shall also meet state and county rules and regulations.
G.
Shared ponds. The Plan Commission and Town Board shall
review pond permit applications for ponds proposed to cross lot lines
on an individual basis.
[Amended 11-7-2001 by Ord. No. 2001-17]
[Amended 10-4-2006 by Ord. No. 2006-11]
Permanent privies shall be constructed and maintained
in the manner described in Wisconsin Department of Commerce specifications
for a sanitary privy. Privies shall be permitted only in A-1 Agricultural,
P-1 Public and Private Park and M-3 Quarry Districts.
A.
BUILDING AREA OF AN EARTH SHELTER
EARTH SHELTER
Definitions. As used in this section, the following
terms shall have the meaning indicated:
The total living area within the interior face of the exterior
walls, plus an area equal to the peripheral distance measured along
the interior face of the exterior walls multiplied by six inches,
but excluding utility areas, garages, porches and breezeways.
A residential structure designed and constructed to be substantially
enclosed by earth and which utilizes the surrounding earth for conserving
energy.
B.
Minimum building area. Any earth shelter shall be
equal to the minimum building area required for a one-story residential
structure in the zoning district in which the earth shelter is to
be located. Minimum yard distances shall also be the same as a single-story
structure for that zoning district.
