A.
Building permit required. No owner shall, within the City of Fox Lake, 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 Building Code 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.
(1)
Building material restrictions.
[Added 7-5-2005]
(a)
Structures with fabric, plastic-type structures such as tents, screen rooms, greenhouses or similar structures that are used for storage are not allowed as an accessory building.
(b)
This same type of structure can be erected on a temporary basis for special occasions but cannot be erected for more than seven days per calendar year. Such structures shall meet all zoning standards and meet all setback requirements as outlined in the Zoning Code, and any structure erected for greater than seven days requires a building permit. Buildings determined to be in poor condition by the Building Inspector will be ordered removed.[1]
(c)
Wood frame or metal structures over 192 square feet (12 feet by 16 feet) shall be placed on a permanent concrete or masonry foundation. The floor of such structures shall be poured concrete. The building components and systems shall meet the minimum requirements for attached garages as set forth in the Wisconsin Uniform Dwelling Code. These same structures placed in commercial zones shall meet all requirements of the Wisconsin Enrolled Commercial Building Code.
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 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 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.
(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; lot area coverage. No detached accessory building shall occupy any portion of the required front yard. Garages and other detached accessory buildings shall be less than 20 feet in height. No detached accessory building(s) shall occupy more than 30% of the required rear yard or exceed 864 square feet in size, whichever is more restrictive. No detached accessory building shall be located within five feet of any other accessory building. Setbacks shall be as prescribed by district regulations. The dimensions of any other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures. 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.
[Amended 10-3-2006; 9-4-2019]
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 industrial 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.[2]
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 side line 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, bird baths, trees, shrubs and flowers and gardens. Under no circumstances may a tent be used as a dwelling or an accessory structure.[3]
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 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.
J.
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.
K.
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.
L.
Children's play structures. For purposes of this section, children's play structures, including playhouses, tree houses 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.
M.
Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 423, Streets and Sidewalks, Article II, of this Code of Ordinances, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboards/hoops, in the terrace area.