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 in residential district. An accessory use
or structure in a residential district may be established subject
to the following regulations:
(1)
Accessory building number limits. In any residential district, in
addition to the principal building, a detached garage or attached
garage and one additional accessory building may be placed on a lot.
(2)
Attached accessory building limits. No attached accessory building
or structure shall exceed the height of the principal building or
structure. All accessory buildings which are attached to the principal
building shall comply with the yard requirements of the principal
building.
(3)
Detached accessory buildings. No detached accessory building (non-garages) shall occupy any portion of the required front yard, and no detached accessory building shall be larger than 900 square feet or occupy more than 20% of the required rear yard (whichever is more restrictive) or be located within three feet of any other accessory building or rear or side lot line or within five feet of an alley. An accessory building shall not be nearer than 10 feet to the principal structure unless the applicable building code regulations in regard to one-hour fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure. See § 520-49, Reduction of certain setback and size requirements.
[Amended 7-15-2002]
(4)
Attached garages. Attached garages shall comply with the dimensional
requirements of the zoning district in which located. Attached garages
shall comply with the setback requirements applicable for principal
structures on the lot.
(5)
Detached garages. Detached garages are permitted in the rear yard
and side yards only. They shall not exceed the area requirements found
in the standards for each zoning district, and the roof pitch shall
not exceed the steepest pitch of the principal structure. The total
lot coverage shall not exceed the total allowed as set forth in the
zoning district where the garage will be located. Total lot coverage
shall include all buildings located on the lot. Detached garages shall
not be located nearer than three feet to a rear or side yard or within
five feet of an alley.
C.
Use restrictions in residential district. Accessory uses or structures
in residential districts shall not involve the conduct of any business,
trade or industry, except for home occupations as defined herein,
and shall not be occupied as a dwelling unit.
D.
Placement restrictions in nonresidential districts. An accessory
use or structure in a business or manufacturing district may be established
in the rear yard or side yard and shall not be nearer than three feet
to any side or rear lot line or within five feet of an alley.
E.
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.
F.
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, sundials, bird baths,
trees, shrubs and flowers and gardens.
G.
Temporary uses. Temporary accessory uses such as real estate sales
field offices or shelters for materials and equipment being used in
the construction of the permanent structure may be permitted by the
Zoning Administrator.
H.
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:
I.
Outdoor lighting. Outdoor residential 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.
J.
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.
K.
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.
L.
Agricultural structures. Agricultural structures such as barns, silos
and windmills shall not exceed in height twice their distance from
the nearest lot line.
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 be stacked not 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.
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 of Ordinances.[1]
E.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
A.
Fence defined. For the purpose of this section, "fence" is herein
defined as an enclosed barrier consisting of wood, stone or metal
intended to prevent ingress or egress. No fence shall be constructed
of unsightly or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into four classifications:
(1)
Boundary fence. A fence placed on or within three feet of the property
lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the
public health, safety and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance
the appearance of the structure or the landscape.
(4)
Picket fence. A fence having a pointed post, stake, pale or peg laced
vertically with the point or sharp part pointing upward to form a
part of the fence.
C.
Height and placement of fences regulated.
(1)
Any fence erected pursuant to this section shall not be placed nearer
than three feet to the property lot line. The individual constructing
the fence shall be required to maintain the property from the fence
line to the property line. This provision shall not apply to structures
which have a different setback as established by this chapter.[1]
(2)
A fence or wall may be erected, placed or maintained along a lot
line on residentially zoned property (or property primarily residential
in use) or adjacent thereto to a height not exceeding six feet above
the ground level and be no closer than three feet to a public right-of-way,
except that no such fence or wall which is located in a required front
yard shall exceed a height of three feet. Where such lot line is adjacent
to a nonresidentially zoned property, there shall be an ten-foot limit
on the height of a fence or wall along such lot line.
(3)
Vision clearance.
(a)
In order to provide adequate vision clearance on corner lots,
no fence shall be erected or maintained within the triangular space
formed by two intersecting street, alley, or driveway (public or private)
property lines and a line joining points on such property lines (or
projections thereof) located less than:
(b)
Street or alley property lines are measured from the right-of-way
or easement lines establishing such street or alley. Driveway lines
are measured from the easement establishing such driveway or, in the
case of no easement, from the edge of the driveway surface.
(4)
In any residential district or on any lot or premises, the principal
use of which is for residential purposes, no lengthwise fence or other
lengthwise barrier or obstruction shall be erected, placed, installed
or reinstalled in any area where there is a distance between main
residential buildings of 10 feet or less.
(5)
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 10 feet.
D.
Setback for residential fences. Fences on or adjacent to a residential
property (or property primarily residential in use) are permitted
on lot lines with the written agreement of adjoining property owners.
Fences may be constructed alongside lot lines but shall not extend
into the front setback area as extended to the side lot lines.[2]
E.
Security fences. Security fences are permitted on the property lines
in all districts except residential districts with the written agreement
of adjoining property owners but shall not exceed 10 feet in height
and shall be of an open type similar to woven wire or wrought iron
fencing.[3]
F.
Prohibited fences.
(1)
No fence shall be constructed which is of a dangerous condition 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 or height and project
toward the fenced property and away from any public area.
(2)
Although fences which conduct electricity or are designed to electrically
shock are generally prohibited, such fences using smooth wire are
allowed for the limited purpose of deer control.
(3)
No woven, twisted, welded or interlaced wire fence, such as using
chicken wire, shall be located in a nonindustrial district, unless
such fencing is ornamental in character.
G.
Fences to be repaired.
(1)
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.
(2)
Any existing fence which does not conform to the requirements of this section and which is damaged or in need of repair to an extent that exceeds 50% of the then-current value of the fence shall either be completely dismantled or reconstructed in compliance with the provisions of this section; provided, however, that the provisions of § 520-51C, Restoration of certain nonconforming structures, shall apply to fences.[4]
(3)
All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. If a fence needs repair and maintenance, said fence shall be painted or stained in only neutral colors. Failure to maintain a fence in good condition and repair will result in the City issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation with a penalty set forth in § 1-4 of this Code.
H.
Temporary fences.
(1)
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.
(2)
This section is not intended to regulate seasonal or temporary fences
such as garden or snow fences, except that such fences shall be removed
when the condition or season for which said fence was erected no longer
exists. There shall be no fee for any such seasonal or temporary fence.
I.
Visibility; open spacing requirement.
(1)
In any nonresidential area, fences shall be of such type and construction that shall allow people outside the fence to see through it without hindrance. However, if a residence exists in a nonresidential zone, a fence may be constructed pursuant to the requirements of Subsection I(2) below. In an industrial area where barbed wire is used, the lowest strand shall be a minimum of seven feet above the grade.
(2)
All fences hereafter erected or constructed shall provide openings
for a passage of air equivalent to 25% of the surface area of the
fence and shall have the structural components thereof facing the
side of the property for and on which the same are erected. In residential
areas where privacy is desired, privacy fences with less than such
25% open spacing may be erected, provided that such fence may not
extend farther than 25% from the main rear line of such residence.
A fence situated in a residential area shall be constructed only of
wood or chain-link-type fencing. Fences shall not be constructed of
luminous materials or smooth or corrugated metal materials. All fences,
including privacy fences, if said fence is to be stained or painted
by the property owner or on his/her behalf, shall be stained or painted
in only neutral colors.
J.
Special purpose fences. Fences for confining dogs, etc., shall not exceed seven feet in height and shall be no larger than necessary for such purpose and shall conform to the building setbacks of this chapter. Swimming pool and hot tub fences shall comply with the requirements of § 520-97.
K.
Height determination. The height of any fence erected under this
section shall be determined by the measurement from the uppermost
point of the fence to the existing ground level of the property.
L.
Nonconforming fences. Any fence existing on the effective date of
this chapter and not in conformance with this section may be maintained,
but alterations, modifications or improvements of more than 50% of
said fence shall require the owner to bring the fence into compliance
with this section.
M.
Fence permit required. No person shall erect a fence in the City
without first obtaining a fence permit from the City and paying a
fee as set by the Common Council. The applicant shall provide the
Zoning Administrator with accurate design information for the proposed
fence. Permits may only be issued for proposed fences complying with
this section.[5]
N.
Location determination. The property owner erecting a fence is solely
responsible for ensuring that the fence is located properly on his/her
property.
A.
Definition. A private or residential swimming pool is an outdoor
structure containing a body of water in a receptacle or other container
having a depth for water at any point greater than two feet, located
above or below the surface of ground elevation, having an area greater
than 150 square feet, used or intended to be used solely by the owner,
operator or lessee thereof and his/her 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 24 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 Zoning Administrator, the Zoning
Administrator shall not issue a permit for construction or installation
of a swimming pool or hot tub unless the following construction requirements
are observed:
(1)
All materials and methods of construction in the construction, alteration,
addition, remodeling or other improvements for pool or hot tub installation
shall be in accord with all state regulations and with any and all
ordinances of the City now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances
of the City and all state codes. Every private or residential swimming
pool or hot tub shall be provided with a suitable draining method,
and in no case shall waters from any pool or hot tub be drained into
the sanitary sewer system or onto land 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 or hot tub shall be in conformance
with the state laws and City ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools or hot tubs shall be erected or constructed
in rear or side yards only and only on a lot occupied by a principal
building. No swimming pool or hot tub 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.[1]
(2)
No swimming pool or hot tub 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 or hot tub be less than six feet from any lot line.
(3)
Swimming pools and hot tubs shall not be constructed in the front
yard or in a required corner side yard.
(4)
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.
E.
Enclosure.
(1)
Except as hereinafter provided, every outdoor swimming pool and hot
tub shall be completely surrounded by a fence or wall in addition
to the pool wall of an aboveground pool. Said fence or wall shall
be constructed to a height of no less than six feet. Any fence or
wall shall be located to a minimum horizontal distance of four feet
from the edge of the swimming pool or hot tub.
(2)
A dwelling, deck or accessory building may be used as part of such
enclosure and may be located within four feet of the swimming pool
or hot tub, provided that it meets or exceeds the minimum fence and
wall requirements provided above. All gates or doors opening through
such enclosures shall be equipped with a latching device capable of
keeping the gate or door securely closed at all times when not in
actual use Each such gate shall be secured by a combination lock or
by a lock worked by a key.
(3)
A swimming pool or hot tub which has a pool wall exceeding 50 inches
above the grade shall be exempt from the fencing requirement, provided
that it has a retractable ladder or gate capable of being closed and
latched and locked with a combination lock or by a lock worked by
a key when the swimming pool or hot tub is not in use.
(4)
Swimming pools and hot tubs surrounded in whole or in part by a deck
which has steps leading to the swimming pool or hot tub shall be equipped
with a gate a minimum of four feet in height and capable of being
latched and locked with a combination lock or by a lock worked by
a key to secure access to the swimming pool or hot tub when not in
use.
(5)
Service gates and gates which are part of a fence or wall enclosing
a swimming pool or hot tub which are located across a driveway shall
be kept closed and latched at all times by the property owner or occupier
when not in use for ingress or egress. When such areas are not in
use, such gates shall be locked with a combination lock or by a lock
worked by a key.
(6)
Hot tubs equipped with a fitted cover and capable of supporting a
minimum of 200 pounds shall be exempt from required fencing.
(7)
Enclosure requirements are applicable to all swimming pools and hot
tubs, other than indoor pools, and shall apply to all existing swimming
pools and hot tubs which have a minimum depth of 24 inches of water.
[Added 3-20-2006 by Ord.
No. 2006-1]
A structure with a primary use of the sale of fireworks under Chapter 293, Fireworks, of this Code shall:
