A.
Placement restrictions: 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 accessory building may be placed on a lot.
(2)
Accessory building size limits. No detached accessory building or
structure shall exceed the height of the principal building or structure.
(3)
Attached accessory buildings. All accessory buildings which are attached
to the principal building shall comply with the yard requirements
of the principal building.
(4)
Detached accessory buildings. No detached accessory building shall
occupy any portion of the required front yard, and no detached accessory
building shall occupy more than 20% of the rear yard, or exceed 30
feet by 24 feet in size (whichever is more restrictive), or be located
within three feet of any other accessory building or lot line. An
accessory building shall not be nearer than 10 feet to the principal
structure unless the applicable Building Code regulations[1] are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure. Additional size restrictions may be prescribed for each zoning district, see §§ 390-14 through 390-26.
(5)
Accessory building yard requirements. Accessory building yard requirements
shall be as prescribed for each zoning district.
B.
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 five feet to the side line of the adjacent structure.
(See Figure 4.[2])
[2]
Editor's Note: Figure 4 is included as an attachment to this chapter.
C.
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 flag poles,
ornamental light standards, lawn furniture, sun dials, bird baths,
trees, shrubs and flowers and gardens.
D.
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, and shall be removed within 30 days of occupancy
of the project.
E.
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, following approval by
the Plan Commission, provided as follows:
(1)
That such private garage shall be located not less than five feet
from the front lot line;
(2)
That the floor level of such private garage shall be not more than
one foot above the curb level; and
(3)
That at least 1/2 the height of such private garage shall be below
the mean grade of the front yard.
F.
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.
G.
Lawn accessories. Walks, drives, paved terraces and purely decorative
garden accessories such as pools, fountains, statuary, flag poles,
etc., shall be permitted in setback areas but not closer than three
feet to an abutting property line other than a street line.
H.
Retaining walls. 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.
I.
Agricultural structures. Agricultural structures such as barns, silos
and windmills in agricultural districts shall not exceed in height
twice their distance from the nearest lot line.
[Amended 3-21-2012 by Ord. No. 2012-002]
A.
No person shall store firewood in the front or side yard of any Village
zoned property, except that firewood may be temporarily stored in
the front or side yard for a period of 30 days from the date of its
delivery and firewood can be stored in the side yard of a residentially
zoned property from October 1 through April 15.
B.
No person shall store firewood in the front, side or rear yard of
any commercial zoned property unless it is stored in a completely
enclosed permanent building which is assessed and is on the tax roll.
C.
Firewood should be neatly stacked and may not be stacked closer than
four 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. "Fences" as used in this section shall
not include hedges and other vegetation.
D.
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.
E.
Woodpiles that contain diseased wood that are 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 Village Code.
F.
Not more
than 15% of the side and rear yard combined may be used for storage
of firewood at any one time.
A.
ARCHITECTURAL OR AESTHETIC FENCE
BOUNDARY FENCE
FENCE
PICKET FENCE
PROTECTIVE FENCE
Fences defined. For the purpose of this section:
A fence constructed to enhance the appearance of the structure
or the landscape.
A fence placed on or within three feet of the property lines
of adjacent properties.
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.
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.
A fence constructed to enclose a hazard to the public health,
safety and welfare.
B.
Height of fences regulated.
(1)
Except as provided in § 390-43, 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 eight feet above the ground level, except that no fence that is located in a required front or corner side yard shall exceed a height of 2 1/2 feet. Where such lot line is adjacent to a nonresidentially zoned property, there shall be a ten-foot limit on the height of a fence along such lot line.
(2)
No fence or wall shall be erected, placed, maintained or grown along
a lot line on any business or industrially zoned property, adjacent
to a residentially zoned property, to a height exceeding 10 feet.
C.
Setback for residential fences. Fences or walls in or adjacent to
a residential property shall have a minimum six-inch side and rear
yard setback. Fences may be constructed alongside lot lines but shall
not extend into the front setback area as extended to the side lot
lines.
D.
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.
E.
Fences to be repaired. All fences or walls 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.
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 and hedges. Any fence or hedge existing on the
effective date of this chapter and not in conformance with this section
may be maintained, but any alteration, modification or improvement
of said fence shall require compliance with this section if such changes
exceed 50%.
A.
PRIVATE OR RESIDENTIAL SWIMMING POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
15 inches 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 or 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 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 a private or residential swimming pool 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 current fee 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 as provided for in Subsection B, 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 code 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, 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.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed on rear or
side yards 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, and in no case shall the water line of
any pool be less than six feet from any lot line. The inside wall
of a pool shall be located at least 10 feet from any overhead or underground
electrical wiring except such wiring needed for the pool and related
accessories.
F.
Fence.
(1)
Pools within the scope of this section which are not enclosed within
a permanent building shall be completely enclosed by a fence of sufficient
strength to prevent access to the pool. Such fence or wall shall not
be less than six feet in height and so constructed as not to have
voids, holes or openings larger than six inches in one dimension.
Gates or doors shall be kept locked while the pool is not in actual
use.
(2)
The pool enclosure may be omitted where portable pools are installed
above the ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing a minimum of 36 inches high on the
top. Such pool must have secure access by use of self-closing/self-latching
gates.
[Amended 10-17-2007 by Ord. No. 07-01]
G.
Compliance. All swimming pools existing at the time of passage of
this chapter not satisfactorily fenced are required to comply with
the fencing requirements of this section.
[Amended 10-17-2007 by Ord. No. 07-01]
