A.
Building permit required. No owner shall, within the City of Brodhead,
build, construct, use or place any type of an accessory building,
including prefabricated accessory buildings, until a building permit
shall have first been obtained from the Building Inspector. Application
for an accessory building permit shall be made in writing to the Building
Inspector. With such application, there shall be submitted a fee pursuant
to the City requirements and a complete set of plans and specifications,
including a plot plan or drawing accurately showing the location of
the proposed accessory building with respect to adjoining alleys,
lot lines and buildings. If such application meets all requirements
of this section, the application shall be approved.
B.
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.
C.
Placement restrictions in residential districts. 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 and one children's play structure may be placed on a lot, except as provided in Subsection C(2) below.
(2)
Limitation on number of detached garages and accessory buildings.
(a)
Residentially zoned parcels with a single garage attached to
the dwelling are permitted to have an additional one- or two-car detached
garage on the parcel. If a detached garage is erected, no other detached
accessory buildings may be constructed or maintained on the parcel.
(b)
Residentially zoned parcels with more than a one-stall garage
attached to the dwelling are permitted to have an additional one-stall
garage on the parcel. If a detached garage is erected, no other detached
accessory buildings may be constructed or maintained on the parcel.
(c)
Garages attached to dwellings shall be three stalls or less.
Dwellings with an attached three-stall garage are not permitted to
have an additional detached garage on the parcel.
(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; detached garages; bulk requirements.
No detached accessory building shall occupy any portion of the required
front or side yard. Side and rear setback requirements shall be a
minimum of five feet from the lot line. Garages and other detached
accessory buildings shall be less than 15 feet in height. The cumulative
size of all detached accessory building(s) shall not occupy more than
30% of the required rear yard or exceed 800 square feet in size, whichever
is more restrictive. No detached accessory building shall be located
within five feet of any other accessory building. The dimensions of
any swimming pool, children's play structure, detached garage,
tennis court and other detached accessory buildings/structures shall
be included in the determination of available lot area coverage for
accessory buildings. An accessory building shall not be nearer than
10 feet to the principal structure unless the applicable building
code regulations in regard to the 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.
[Amended 9-12-2016]
D.
Use restrictions in residential districts. 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. Accessory buildings shall
not be used for residential purposes.
E.
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 five feet
to any side or rear lot line; however, the minimum rear or side yard
setback shall be no less than 10 feet if the lot line abuts an adjacent
residentially zoned parcel. Placement of accessory structures in the
front yard may be approved by the Plan Commission when deemed necessary
by the Plan Commission for the overall use and function of the site
(e.g., gas station pumps). Accessory buildings shall be less than
15 feet in height. No detached accessory building(s) shall occupy
more than 30% of the required rear or side yard or exceed 800 square
feet in size, whichever is more restrictive, unless otherwise approved
by the Plan Commission.
[Amended 9-12-2016]
F.
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 sideline of the adjacent structure.
G.
Landscaping 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. Under no circumstances may a tent be used as a dwelling or
an accessory structure.
H.
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.
I.
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 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.
J.
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 and shall not
register more than 1/2 footcandle at the property line.
K.
Lawn accessories. Walks, drives, paved terraces and purely decorative
garden accessories such as pools, fountains, statuary, sundials, flagpoles,
etc., shall be permitted in setback areas but not closer than three
feet to an abutting property line other than a street line.
L.
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.
M.
Children's play structures. For purposes of this section, children's
play structures, including playhouses, treehouses or elevated play
structures and climbing gyms, shall be considered accessory structures
and shall comply with the requirements of this section, whether such
play structures are placed on a foundation or not. Swing sets, slides
and sandboxes are not considered children's play structures for
purposes of this section. A building permit is not required for the
construction of a play structure. Play structures shall not be used
for storage or be constructed out of materials that would constitute
a nuisance.
N.
Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 398, Streets and Sidewalks, Article II, General Regulations, of the Code of the City of Brodhead, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.
O.
Solar and wind energy systems. Notwithstanding the restrictions imposed by this chapter, solar energy systems as defined in § 13.48(2)(h)1.g., Wis. Stats., and/or wind energy systems, as defined in § 66.0403(1)(m), Wis. Stats., are permitted as accessory structures in all zoning districts, subject to the restrictions in § 480-77 of this chapter for solar energy systems and § 480-75 of this chapter for wind energy systems. Roof-mounted solar collectors are permitted, provided that a registered professional engineer or professional architect certifies that the structure is adequate to support the load.
[Added 4-13-2009]
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 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.
C.
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.
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.
A.
FENCE
Fences defined. For the purpose of 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 four classifications:[1]
(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)
Residential fences six feet or less in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard setback area but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of § 480-47. All fences must be constructed and maintained in a good state of repair and appearance.
(2)
No fence shall be erected, placed, maintained or grown along a lot
line on any nonresidentially zoned property, adjacent to a residentially
zoned property, to a height exceeding eight feet.
D.
Fences placed on property lines.
(1)
All fences placed on property lines must have written approval of
the adjoining property owners.
(2)
If the adjoining property owner does not grant permission, the fence
can be placed no closer than two feet from the property line.
(3)
If a new fence is constructed or erected on the property line without
the express approval of the adjoining property owner, whether requiring
a permit or not, a written complaint may be filed with the Zoning
Administrator, and he shall serve notice to the owner that the fence
must be removed. If the fence owner does not comply within 30 days,
the Zoning Administrator may request the City to remove it at the
owner's expense.
(4)
Any fence may be placed two feet from the property line without permission
of adjoining property owners.
(5)
All fences must be set back at least five feet from the front property
line.
F.
Prohibited fences. No fence shall be constructed which is in a 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 eight feet above the ground or height
and project toward the fenced property and away from any public area.
G.
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.
H.
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.
I.
Nonconforming fences. Any fence 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
comply with this section.[3]
J.
Fence permit. No person shall erect a fence in the City unless a
permit is first obtained by the owner or his agent from the Building
Inspector. The applicant shall submit design specifications for approval
and pay required permit fees at the time of making application.
K.
Property boundary determinations. Fences shall be erected on the
owner's property, and responsibility for establishing the property
line shall rest with the property owner erecting the fence. The dress
side of the fence shall be on the outside. All parts of the fence
shall be erected on the owner's property.
L.
Snow fences. Utility snow fences may be used only during the winter
months and shall be removed at the end of each winter season.
A.
SWIMMING POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A body of water or 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. The term 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.
[Amended 4-16-2012]
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 it may be readily disassembled
for storage and reassembled to its 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. The required building permit fee pursuant to Chapter 203, Building Construction, of the Code of the City of Brodhead 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 C unless the following construction requirements are observed:
(1)
Approved materials. 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 City now in effect
or hereafter enacted.
(2)
Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City 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)
Electrical installations. 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 City ordinances regulating
electrical installations.
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)
All swimming pools shall be at least 10 feet from any lot line or
building unless designed and approved as an addition to a building.
F.
Enclosure.
[Amended 4-16-2012]
(1)
Fence; in-ground pools. All outdoor, below-grade swimming pools shall
have a fence or other solid structure not less than four feet in height
completely enclosing the pool with no opening therein (other than
doors or gates) larger than four inches. Such fence or other solid
structure shall be so constructed that it cannot be readily climbed
through, under or over. All gates or doors opening through the enclosure
of the fence or other solid structure shall be kept securely closed
and locked at all times when not in actual use and shall be equipped
with a self-closing and self-latching device designed to keep and
be capable of keeping such door or gate securely locked at all times
when not in actual use. Such fence or other solid structure shall
not be located within six feet of any other wall or other fence or
structure which can be readily climbed by children.
(2)
Aboveground pools; pool wall barrier, fence or other solid structure,
and deck.
(a)
All outdoor, aboveground swimming pools shall have either of
the following:
[1]
An approved barrier enclosure of durable material that cannot
be readily climbed through, under or over and shall extend two feet
directly above the vertical water enclosing wall of the pool and shall
not be located within six feet of any other wall or other fence or
other structure which can be readily climbed by children; or
[2]
A fence, as defined in § 480-82A, or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than four inches. Such fence or other solid structure shall be so constructed that it cannot be readily climbed through, under or over. All gates or doors opening through the enclosure of the fence or other solid structure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use. Such fence or other solid structure shall not be located within six feet of any other wall or other fence or structure which can be readily climbed by children; or
[3]
A raised deck around the entire pool perimeter with an elevation
height of the deck combined with the height of the enclosed deck railing
no less than four feet with no opening therein (other than doors or
gates) larger than four inches. Such deck shall be so constructed
that it cannot be readily climbed through, under or over. All gates
or doors opening through the enclosure of the deck shall be kept securely
closed and locked at all times when not in actual use and shall be
equipped with a self-closing and self-latching device designed to
keep and be capable of keeping such door or gate securely locked at
all times when not in actual use. Such deck shall not be located within
six feet of any other wall or other fence or structure which can be
readily climbed by children.
G.
Compliance. All swimming pools existing at the time of passage of
this Code not satisfactorily fenced shall comply with the fencing
requirements of this section or when water is placed in the pool.
Enclosures on existing pools shall be inspected by the Building Inspector
for compliance. Variations in enclosure requirements that do not adversely
affect the safety of the public may be approved.
H.
Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer nor to overflow upon or cause damage to any adjoining property.
Provisions may be made for draining the contents of any swimming pool
into a storm sewer, but such installation shall be subject to prior
approval by the Plumbing Inspector.
I.
Filter system required. All private swimming pools within the meaning
of this chapter must have, in connection therewith, some filtration
system to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof.
J.
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
A.
Purpose. The purpose of this section is to protect public and private
property from the effects of poorly designed and constructed retaining
walls.
B.
Permit required. A permit shall be required for all retaining walls
constructed that exceed 24 inches in height, including terraced retaining
wall projects where the total height of all walls exceeds 24 inches,
and are closer than 15 feet to a property line.
C.
Application. Application shall be made to the Zoning Administrator
on forms provided and shall include a site plan and a set of construction
plans. Plans sealed by a professional engineer registered in the state
and/or other information necessary to adequately review the proposed
retaining wall may also be required by the Zoning Administrator.
D.
Performance standards. A retaining wall shall be designed to resist
the lateral pressure of the retained material in accordance with accepted
engineering practice. Walls retaining drained earth may be designed
for pressure equivalent to that exerted by an equivalent fluid weighing
not less than 30 pounds per cubic foot and having a depth equal to
that of the retained earth. Any surcharge shall be in addition to
the equivalent fluid pressure.
[Added 9-10-2007]
A.
Permit required. No person shall install, use or maintain an outdoor furnace in the City of Brodhead without first obtaining a permit from the Building Inspector. Such permit may only be issued subsequent to the issuance of a conditional use permit for same. After the outdoor furnace is installed, it may not be operated until permitted by the Building Inspector following its inspection. Construction and installation of the outdoor furnace shall comply with all applicable state, federal and local laws and regulations. With such application, there shall be submitted a fee in an amount as established by § 480-80 of this chapter.
B.
Furnace location. Any outdoor furnace installed must comply with
the following minimum requirements for location:
C.
Stack height. The outdoor furnace shall have a stack that extends
at least 15 feet above the ground surface.
(1)
If the outdoor furnace is located 50 feet or less to any residence
not served by the furnace, the stack must be at least two feet higher
than the eave line of any such residence.
(2)
If the outdoor furnace is located more than 50 feet but less than
100 feet from any residence not served by the furnace, the stack must
be at least 75% of the height of the eave line of that residence,
plus an additional two feet.
(3)
If the outdoor furnace is located more than 100 feet but less than
150 feet from any residence not served by the furnace, the stack must
be at least 50% of the height of the eave line of that residence,
plus an additional two feet.
(4)
If an outdoor furnace is located more than 150 feet but less than
250 feet from any residence not served by the furnace, the stack must
be at least 25% of the height of the eave line of that residence,
plus an additional two feet.
D.
Fuel permitted. Outdoor furnaces shall be permitted to use wood or corn as fuel. The outdoor furnace shall not be used to burn any of the prohibited materials listed in Subsection E.
E.
Prohibited fuel. The outdoor furnace shall not be used to burn any
of the following materials:
(1)
Rubbish or garbage, including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
(2)
Waste oil or other oily wastes.
(3)
Asphalt and products containing asphalt.
(4)
Treated or painted wood, including, but not limited to, plywood,
composite wood products, or other wood products that are painted,
varnished or treated with preservatives.
(5)
Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, synthetic fabrics, plastic films
and plastic containers.
(6)
Rubber, including tires and synthetic rubber-like products.
