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 buildings. All accessory buildings which are attached
to the principal building shall comply with the yard requirements
of the principal building.
(3)
Detached accessory buildings.
(a)
No detached accessory building shall occupy any portion of the
required front yard, and no detached accessory building shall occupy
more than 30% of the required rear yard.
(b)
Any accessory building, use or structure shall conform to the
applicable regulations of the district in which it is located except
as specifically otherwise provided herein, except that when an accessory
building is located forward of the rear building line of the principal
building it shall satisfy the same side yard requirements as the principal
building.
(c)
Any accessory building in a residential district which exceeds
12 feet by 12 feet or, in the case of a garage, 30 feet by 32 feet
shall first obtain a conditional use permit.
(d)
No detached accessory building located in a required rear yard
shall exceed 25 feet in height.
(e)
No accessory building other than a garage in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than six feet from all lot lines and from any other building or structure on the same lot, except as provided in Subsection G.
(4)
When an accessory building is a part of the main building, or is
substantially attached thereto or lies within 10 feet of an exterior
wall of the main building, the side yard and rear yard requirements
for the main building shall be applied to the accessory building.
(5)
Upon approval by the Common Council an existing accessory building
may be placed or reconstructed on the same location as previously
constructed. The building must be the same location and size as the
previous structure.
C.
Use restrictions in residential districts. An accessory use or structure
in a residential district 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 10 feet
to any side or rear lot line.
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.[1]
G.
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:
H.
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.
I.
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.
J.
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.
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 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 vegetation, wood, stone
or metal intended to prevent ingress or egress. For the purpose of
this section, the term "fence" shall include plantings, such as hedges
and shrubbery. 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)
Hedge. A row of bushes or small trees planted close together which
may form a barrier, enclosure or boundary.
(5)
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.
Placement of fences regulated. Fences, walls and continuous linear
shrubbery such as hedges shall be permitted in all yards subject to
the following limitations:
(1)
Residential fences. Fences erected in residential districts shall
be three feet inside of the property line, or may be closer if there
is a written, recorded agreement between the adjacent property owners.
Residential fences shall not in any case exceed a height of six feet,
shall not exceed a height of four feet in the street yard and shall
not be closer than two feet to any public right-of-way.
(2)
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.
D.
Hedges. The height and setback for hedges shall be the same as required for fences; provided, however, that hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the terrace area as defined in § 378-2 of this Code or, where no terrace area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.[1]
E.
Prohibited fences. No fence shall be constructed which is in a dangerous
condition, as determined by the Building Inspector, 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 or higher and project toward the fenced property
and away from any public area.[2]
F.
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.
G.
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 be erected for not more than 45 days.[3]
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 1 1/2 feet
located above or below the surface or ground elevation, used or intended
to be used solely by the owner, operator or lessee thereof and his
family, and by friends invited 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. The regulations herein shall
also be applicable to hot tubs.
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 provision 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. A fee set by the Common Council
shall accompany such application.[1]
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)
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 codes 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 shall be provided with a suitable draining method, and in no
case shall waters from any pool be drained into the sanitary sewer
system or 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 City ordinances regulating electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed in 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]
(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 five feet from the lot line.
F.
Enclosure.
(1)
Pools within the scope of this section which are not enclosed with
a permanent building shall be completely enclosed by a fence of sufficient
strength to prevent access to the pool or shall have a cover or other
protective device over such swimming pool of such a design and material
that the same can be securely fastened in place and when in place
shall be capable of sustaining a person weighing 250 pounds. Such
cover or protective device shall be securely fastened in place at
all times when the swimming pool is not in actual use for swimming
or bathing purposes. 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 four 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 ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing a minimum of 36 inches high and
pool ladders can be removed when not in use.
H.
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.
I.
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.
Screening or fencing as required by this chapter shall be subject
to the following provisions:
A.
Approval required. Any use or conditional use listed in this chapter
requiring screening or fencing shall be permitted only when authorized
by the City and subject to its approval of a screening or fencing
plan for that particular use.
B.
Objective. Planting or other suitable screening including fences
or freestanding walls shall be required where deemed necessary for
screening for enclosure purposes by the City, such as around outdoor
storage yards and industrial property lines, salvage yards, refuse
disposal sites, quarries and mines, mobile home parks, and trailer
camps. Such provisions shall be required to the extent needed to provide
for:
C.
Extent.
(1)
Screen planting. Adequate to screen objectionable views effectively
within a reasonable time; in some cases temporary screening devices
may be required until suitable screen planting can be achieved.
(2)
Other planting. For mobile home parks and trailer camps, other planting
should be adequate in size. Quantity and character to provide an attractive
setting for the mobile homes, trailers and other improvements, to
provide adequate privacy and pleasant outlooks for living units, to
minimize reflected glare and to afford summer shade.
(3)
Existing planting. Acceptable as required planting to the extent
that it is equivalent, suitable and preserved in good condition.
(4)
Fences and walls. Appropriately designed for the function intended
and shall be substantially constructed to withstand conditions of
soil, weather and use.
(5)
Proper maintenance required. All screenings, fences and walls required
by this chapter shall be maintained so as not to provide an objectionable
view by themselves.
D.
Required buffer strips in industrial districts. Where an industrial
district abuts a residential district, there shall be provided along
any rear, side or front line, coincidental with any industrial-residential
boundary, a buffer strip not less than 30 feet in width, as measured
at right angles to said lot line. Plant materials at least six feet
in height, of such variety and growth habits as to provide a year-round
effective visual screen when viewed from the residential district,
shall be planted within the exterior 25 feet abutting the residential
district. If the required planting screen is set back from the industrial-residential
boundary, the portion of the buffer strip facing the residential district
shall be attractively maintained. The exterior 25 feet of the buffer
strip shall not be devoted to the parking of vehicles or storage of
any material or accessory uses. The interior 15 feet may be devoted
to parking of vehicles.
