[Amended 4-5-2004]
Accessory uses, structures and fences may be permitted only
after the issuance of a permit.
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.
(1)
An
accessory use, structure or fence permit will be issued only after
the structural design and construction materials have been reviewed
and approved by the Building Inspector.
(2)
The
exterior facade and roof must be constructed with the same architectural
style and quality as the house or principal structure.
(3)
Any
accessory building which is attached to the principal building shall
comply with the principal building requirements of that zoning district
or development.
(4)
Detached
accessory structures, either portable small or permanent large, are
allowed, subject to the prohibitions and restrictions outlined below.
B.
Placement prohibitions and restrictions in residential districts.
Any detached accessory use or structure, portable or permanent, may
be established subject to the following general regulations:
(4)
Restrictions.
Accessory uses or structures are permitted as follows:
(a)
Size. In the aggregate, accessory uses or structures shall not occupy
more than 35% of any required rear yard areas or be larger than 1,200
square feet, whichever is more restrictive.
(b)
Number limits. In addition to a garage, one additional accessory
building may be placed on a lot.
(c)
Business activities prohibited. Accessory uses or structures 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)
Proximity to other structures. Accessory uses or structures shall
not be closer than 10 feet to any other accessory or principal structure.
(e)
Building height. Building height for an accessory building may not
be higher than 15 feet.
(f)
Building elevation. The maximum accessory structure building elevation
(roof peak) cannot exceed the elevation (roof peak) of the principal
building on the lot, whichever height or elevation is more restrictive.
C.
Placement restrictions in nonresidential districts. An accessory
use or structure in a commercial or industrial district may not be
established in the street yard and shall not be nearer than three
feet to any side or rear lot line.[3]
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, sundials, 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 street yards. Where the mean natural grade
of a street yard is more than eight feet above the curb level, a private
garage may be erected within a street yard, provided that:
(1)
The entrance to the private garage shall face the same direction
as the front of the primary structure, as determined by the Zoning
Administrator;
(2)
The private garage shall be located no less than 10 feet from the
front lot line or five feet behind the sidewalk, whichever is more
restrictive;
(3)
The floor level of such private garage shall be not more than one
foot above the curb level; and
(4)
At least 1/2 the height of such private garage shall be below the
mean grade of the street 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 garden 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.
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.
A.
FENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 five 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 of fences regulated.
(1)
A fence or wall may be erected, placed or maintained along a lot
line on residentially zoned property 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 or corner side yard shall
exceed a height of three feet. Where such lot line is adjacent to
a nonresidentially zoned property, there shall be an eight-foot limit
on the height of a fence or wall along such lot line.
(2)
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.
(3)
No woven, twisted, welded or interlaced wire fence shall be located
in a residential district, unless such fencing is ornamental in character.
(4)
No wood slat snow fence shall be permitted in a residential district
except for seasonal use.
D.
Setback for fences. Fences are permitted on lot lines. Fences may
be constructed alongside lot lines but shall not extend into the front
setback area as extended to the side lot lines. The applicant is responsible
for proper placement on his/her lot; fences placed in error shall
be removed at the owner's expense unless a written agreement
is secured from the adjacent property owner.
E.
Fence permit. No person shall erect or construct any new fence, or
reconstruct more than 50% of an existing fence, without first securing
a permit from the Building Inspector. General design information shall
be submitted at the time of application.
F.
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.
G.
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.[1]
I.
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.
A.
Intent. It is the intent of this section to provide property owners,
renters and occupants with an orderly set of guidelines and firm rules
and requirements to ensure the citizens of a reasonable amount of
safety and protection for anything pertaining to swimming pools within
the Village.
B.
Definition.
(1)
"Swimming pool," as used in this section, is defined as an outdoor
structure containing a body of water in a receptacle or other container,
located either above ground or partially or fully in ground, of sufficient
size, depth, or height to enclose water at any point of greater than
1 1/2 feet in depth. No such pool shall be allowed within the
Village of Dane unless it complies with all of the conditions and
requirements of this section.
(2)
"Swimming pool" is further defined as being a body of water that
is used, or intended to be used, solely by the owner, occupant, lessee
thereof, and his family, and by others 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.
C.
Permit required.
(1)
Before work is commenced on the construction or erection of a swimming
pool or 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 using the prescribed application form for such a permit.
(2)
No work or any part of the work shall be commenced until a written
permit for such work has been issued.
(3)
The minimum building permit fee pursuant to the Village Building
Codes shall accompany such application.
D.
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 unless the following
construction requirements are observed:
(1)
All materials and methods for initial construction, alteration, addition,
remodeling or other improvements shall be in accordance with all state
regulations and codes and with any and all ordinances of the Village
now in effect or hereafter enacted.
(2)
All electrical installations which are provided for, installed and
used in conjunction with a swimming pool shall be in conformance with
the state laws and codes and Village ordinances regulating electrical
installations.
E.
Setbacks.
(1)
Swimming pools shall be erected or constructed in rear or side yards
only, and only on a lot occupied by a principal building, except that
a vacant lot may be used if the owner owns the contiguous lot and
said lot is occupied by a principal building.[1]
(2)
No swimming pool shall be located, constructed, or maintained closer
than 10 feet to any side or rear lot line.
F.
Filter system required. All swimming pools must have, in connection
therewith, some filtration system to assure proper circulation of
the water therein and maintenance of the proper bacterial quality
thereof.
G.
Water quality to be maintained. The water quality of all swimming
pools shall be maintained at an acceptable level for such pools and
shall not be allowed to deteriorate to an unsafe state with regard
to bacteria, algae, foreign matter and other characteristics usually
associated with pool water quality.
H.
Dirt and sand bottoms prohibited. All swimming pools shall have the
sides and bottom of a smooth finish, and no sand or dirt bottom shall
be permitted.
I.
Draining. No pool shall be allowed to drain any of its contents into
the sanitary sewer system or onto the lands of another.
J.
Unsafe pools not allowed. Unsafe pools shall not be allowed. An "unsafe
pool," by definition, is any pool that is in poor condition due to
age or excessive use or misuse, in a poor or unstable condition due
to the materials used in its construction, or is not level within
tolerance for such pools.
K.
Fence required.
(1)
Subject to the exceptions noted below, swimming pools shall be completely
enclosed by a fence of sufficient strength to prevent unwanted access
to the pool by children.
(2)
Such fence shall not be less than four feet nor greater than six
feet in height and so constructed as not to have voids, holes, or
openings (except for gates) larger than four inches in one dimension.
(3)
Gates or doors shall be kept locked while the pool is not in actual
use.
(4)
A self-closing gate shall be required for all in-ground pools.
(5)
Fences shall be kept attractive and in good repair and shall not
have barbed wire, electric wire, hazardous edges or other unsafe materials.
(6)
Fences shall be located on the owner's property and shall not
be required to meet the ten-foot setback limitation for pools but
shall be in compliance with any other Village ordinances in effect
regarding locations relative to lot lines.
(7)
Swimming pools will not be required to be fenced if:
(a)
The pool has extended walls to 72 inches, and the ladder or
other access to the pool is removed or rendered unusable when the
pool is not in use, and the opening is closed off by a locked gate
when the pool is not in use;
(b)
The pool is covered when not in use by a fastened cover of sufficient
strength to support a two-hundred-fifty-pound person; or
(c)
The pool is completely enclosed by a three-hundred-sixty-degree
raised deck with a thirty-six-inch railing around the deck, and a
self-closing, self-latching gate is used at the pool access point.
A "raised deck," as used in this section, shall be defined as a deck
whose floor is level or nearly level with the waterline of the pool.
L.
Compliance and penalties. All swimming pools existing at the original
time of passage (June 4, 1992) of this section shall be required to
comply with all conditions of this section, except that the building
permit requirement for the initial installation of the pool will not
apply. The building permit requirement will apply, however, for any
alterations, additions, remodeling, or other improvements.
B.
Requirements for exterior storage of materials and equipment in residential zoning districts. In all residential zoning districts (See § 520-15 for a listing of these districts.), all materials and equipment shall be prohibited except for firewood, landscaping materials associated with active on-site landscaping projects, and construction materials and related equipment connected with on-site construction. These items shall not be located within any street yard or required street yard, except for the duration of an active landscaping or construction project, and shall not be stored closer than 10 feet from a property line.
C.
Requirements for exterior storage and/or on-site parking in residential
zoning districts.
(1)
In all residential districts, motorized or transport vehicles, including,
but not limited to, automobiles, trucks, sport utility vehicles, vans,
buses, commercial vehicles, limousines, campers, motor homes, and
trailers, that do not exceed 22 feet in length are permitted to be
parked and stored outdoors on a residential property, provided that
the parking and storage complies with each of the following:
(a)
The total number of vehicles parked and stored outside shall
not exceed four vehicles per residence.
(b)
No more than two of the vehicles parked and stored outside on
a single-family or two-family lot can be trailers, commercial vehicles
or recreational vehicles.
(c)
Parking or storage is allowed in the street yard or required
street yard as long as it occurs on a paved surface such as a driveway
leading to the garage of the residence or other space adjacent to
the driveway that is designated for such purpose and having a like
surface treatment or paved with asphalt, concrete, or paving blocks.
(d)
Vehicles must be parked perpendicular to the street, except
where they are parked on a curved or circular driveway.
(e)
A minimum two-foot setback shall be maintained between the sidewalk
and any part of the vehicle, including the hitch or tongue of a trailer.
If there is not a sidewalk, the vehicle may be parked up to the right-of-way
line or 10 feet from the back edge of the curb, whichever is greater.
(g)
Exemptions include occasional gatherings where the maximum number
of vehicles parked outside is exceeded for a short period of time
and occasional delivery trucks or moving vans parked on the property
for short periods of time.
(2)
Storage of oversized recreational vehicles. In all residential districts,
the storage of oversized vehicles (i.e., motorized or transport vehicles,
including, but not limited to, trailers, vans, campers, and motor
homes, that exceed 22 feet in length) is allowed only with the approval
of a conditional use permit. The storage of oversized commercial vehicles
is prohibited. A conditional use permit may be granted if the request
meets each of the following standards:
(a)
No more than one oversized vehicle shall be stored outside on
a residential property at any given time.
(b)
Storage shall take place in the rear yard or in the side yard.
If parked in the side yard, no portion of the vehicle shall extend
in front of the residence. The vehicle shall be at least five feet
from the rear and side property lines.
(c)
The oversized vehicle shall be stored on a parking pad designated
for such purpose and having a surface treatment of asphalt, concrete,
paving blocks, decorative stone, or other surface treatment approved
through the conditional use permit.
(d)
Any oversized vehicle stored on a residential property shall
be reasonably screened from adjacent residential properties and the
public street. Screening shall consist of evergreen vegetation, a
fence, or some combination thereof. The evergreen vegetation shall
take into account the mature spread of the plantings and the space
within which they are intended to grow, as well as the soil and light
conditions present. The trees shall be, at a minimum, four feet tall
when planted and shall be planted in accordance with the spacing recommendation
for the species selected. The plan shall be reviewed as part of the
conditional use permit. If unique circumstances suggest the need for
an alternative screening method, the alternative method may be reviewed
as part of the conditional use permit.
(3)
Exception for seasonal parking of oversized recreational vehicles.
In all residential districts, oversized recreational vehicles (i.e.,
motorized or transport vehicles, including, but not limited to, trailers,
vans, buses, campers, and motor homes, that exceed 22 feet in length)
may be parked outdoors on a residential property between April 1 and
November 30 each year, provided that the parking complies with the
following:
(a)
No more than one oversized recreational vehicle may be parked
outside on a residential property at any given time.
(b)
Parking is allowed in the street yard or required street yard
as long as it occurs on a paved surface, such as a driveway leading
to the garage of the residence or other space adjacent to the driveway
that is designated for such purpose and having a like surface treatment
or paved with asphalt, concrete, or paving blocks. No part of the
vehicle shall be closer than five feet from the side lot line.
(c)
Parking is also allowed in locations which have been approved
for storage during the off season.
(d)
The vehicle must be parked perpendicular to the street, except
where they are parked on a curved or circular driveway.
(e)
A minimum two-foot setback shall be maintained between the sidewalk
and any part of the vehicle, including the hitch or tongue of a trailer.
If there is no sidewalk, the vehicle can be parked up to the right-of-way
line or 10 feet from the back of the curb, whichever is greater.
(g)
The parking or storage of oversized commercial vehicles on residential
properties is prohibited.
(4)
Temporary off-season loading and unloading. An oversized recreational vehicle may be temporarily parked on a residential property for loading and unloading purposes for a period not to exceeded 48 hours prior to and 48 hours subsequent to a vacation, trip, or other extended use of the vehicle during the off season (December 1 to March 31 each year). Temporary parking for this purpose shall comply with the provisions for seasonal parking contained in Subsection C(3).
(5)
Recreational vehicles stored or parked on residential property must
be owned by the resident who is occupying the property on which the
vehicle is being parked or stored.
(6)
All stored or parked vehicles must display current vehicle registration
tags.
(7)
Stored or parked vehicles shall not be used for dwelling purposes,
sleeping or for permanent living and shall not be used for storage
of goods, material, or equipment, other than those items considered
to be part of the vehicle or essential for its immediate use.
(8)
Permanent or temporary connection to water, gas, electric, or sanitary
sewer services is prohibited.
(9)
All areas around the vehicles shall be kept weed-free and free of
other accumulated storage material.
(10)
Commercial vehicles less than 22 feet in length shall be owned
by the resident of the property or the resident's employer.
D.
Requirements for exterior storage in commercial districts. In all commercial zoning districts (See § 520-15 for a listing of these districts.), all materials and equipment shall be stored within a completely enclosed building except for the following, which shall not be located within any street yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking.
