This article shall apply to any structure not considered a habitable building or structure and not under the auspices of Article III, Building Codes, of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE OR USE
One which:
A. 
Is customary and clearly incidental to the principal building or use.
B. 
Is subordinate in use, area, extent and purpose to the principal building or use.
C. 
Is located on the same property as the principal building or use served.
D. 
May include, but is not exclusively, structures such as boathouses, sheds, signs and fences.
All accessory structures shall be constructed in accordance with Article III, Building Codes, except:
A. 
Where the Building Inspector deems it impractical to comply with the Construction Standards Code in this chapter.
B. 
Where the accessory structure is manufactured (e.g., metal sheds) to a recognized standard or listing.
A. 
Residential fences. Fences or hedges for residential one- and two-family dwellings shall be erected or planted within the lot lines. All fences and hedges shall be erected or planted so as to not depreciate any immediate property or endanger any lives, as determined by the Building Inspector. Residential fences shall comply with the following requirements:
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FENCES or HEDGES
Any partition, structure, wall, gate or planted materials (excluding trees), of masonry, posts and boards, palings or woven wire, or wrought iron, used as a dividing marker, barrier or enclosure.
(2) 
Dimensional requirements.
(a) 
The maximum dimension of wood posts shall be six inches nominal.
(b) 
The maximum dimension of boards shall be one by eight inches nominal.
(c) 
The maximum diameter of individual poles of a stockade fence shall be three inches nominal.
(d) 
The use of doors or plywood sheets is prohibited.
(e) 
Subject to the terms of this section, all structural elements of the fence shall face the interior of the lot on which the fence is erected unless otherwise exempted by the Building Inspector.
(f) 
Barbed wire and electrical fences are prohibited.
(g) 
Street yards, side yards, rear yards and shore yards, for purposes of the section, are determined as provided by the City's Zoning Code (Chapter 480).
(3) 
Fence height.
(a) 
Fences or hedges in side and rear yards shall not exceed six feet in height. Fences or hedges in side yards shall not extend beyond the front building line of the dwelling.
(b) 
Fences or hedges on lots with water frontage shall comply with all requirements of this section, except that, on the shore yard, the fences or hedges shall be limited to a maximum height of 42 inches and shall not be closer than 10 feet from the ordinary high-water mark.
(4) 
Fences or hedges in street yards. Only decorative fences or hedges may be erected in street yards, subject to the following requirements:
(a) 
Decorative fences or hedges shall be defined as a barrier which utilizes natural materials such as wood or stone and includes such plant materials as hedges. Wire, chain-link or cyclone-type fencing materials are prohibited.
(b) 
In no case may a fence be closer than six inches to the property line. Hedges may be planted no closer than 18 inches to the lot line and must be maintained within the lot lines. No fencing shall be allowed in a right-of-way or easement. No fence or hedge shall be erected on any corner lot less than 10 feet from the traveled portion of any public highway. Fences or hedges are also prohibited in any location where such barrier creates a potentially hazardous sight-line situation, as determined by the Building Inspector. In making such determination, the Building Inspector shall utilize the "vision triangle formula" of the City Engineer.
(c) 
No such decorative fence or hedge shall exceed 42 inches in height.
(5) 
Fence permit required. No fence shall be erected in the City until a permit for the same has been granted by the Building Inspector. Specifications or a design sketch shall be submitted to the Building Inspector at the time of application for his or her approval. A permit fee as required by § 175-9 shall accompany the application for permit.
(6) 
Maintenance. All fences or hedges shall be maintained in a neat, sightly manner. The Building Inspector may condemn any fence or hedge not so maintained. The determination to condemn a fence or hedge under this subsection shall be made in accordance with the definitions and procedures outlined in this chapter.
(7) 
Nonconforming fences. All nonconforming fences or hedges existing on the effective date of this section or any amendment of this section may be continued, provided that only fences or hedges that are in actual use, maintained, and do not create or continue a hazard may be so continued. No such fence or hedge shall be extended, enlarged, reconstructed or altered.
(8) 
Fence gates. All gates shall swing in toward the lot on which the fence is erected.
B. 
Fences or hedges for commercial, industrial or multiple-family dwellings. All of the requirements of Subsection A shall apply to zoning districts other than one- and two-family dwellings, except that barbed tops are permitted in commercial and industrially zoned areas on fences of not less than six feet in height, with approval of the Building Inspector. Rolled or concertine-type barbed wire is prohibited. The Building Inspector and the Zoning Administrator shall consult with the Plan Commission as necessary in determining whether to issue a permit for a fence in a commercial, industrial or multifamily district.
Antennas and towers shall be permitted and shall be erected in compliance with state codes and § 480-18.
A. 
Permit required. Boathouses, shelters and piers shall require a building permit and shall be erected as required by the Building Inspector. A pier may be removed and reinstalled on a yearly basis without additional permits, provided that it is not reconstructed or altered and that it is relocated in the location as originally permitted.
B. 
Definitions. The following definitions shall be applicable in this section:
LAGOON
Shall be synonymous with "river" and be defined as any body of water less than 150 feet in width between two adjacent land masses.
MARINA
Any pier or pier-like structure built out into or over the water as a landing place for boats owned by other than the riparian property owner, and for which such consideration has been tendered.
PIER
Any structure built out into or over the water as a landing place for boats owned by the riparian property owner.
RIVER
Shall be synonymous with "lagoon" and be defined as any body of water less than 150 feet in width between two adjacent land masses.
C. 
Setback requirements.
(1) 
Boathouses or shelters built on property adjoining lagoons or the Yahara River within the boundaries of the City shall not extend beyond the mean water level of these waters.
(2) 
Piers and boat landings erected on any lagoon or river within the boundaries of the City shall not extend more than six feet over the water, unless a conditional use permit has been issued by the Zoning Board of Appeals.
(3) 
All piers and boat landings shall be set back a minimum of seven feet from the side yard lot lines and shall be erected so as to not impede or endanger boat traffic.
(4) 
Notwithstanding the provisions of Subsection C(3), a joint pier between adjacent properties may be erected within the side yard setback lines of those properties under the following conditions:
(a) 
The joint pier complies with all other requirements for an individual pier;
(b) 
No other piers exist on the properties adjoining at the lot line to which the setback applies;
(c) 
The joint pier extends from shore at only one location;
(d) 
All owners of the adjacent properties between which the pier shall be erected shall sign the pier permit application.
D. 
Marinas restricted.
(1) 
No marina shall be erected in a one- or two family district, unless a conditional use permit has been issued by the Zoning Board of Appeals.
(2) 
Marinas may be erected in multifamily districts for use by the tenants. The maximum number of boat slips shall not exceed the number of living units.
(3) 
Marinas may be erected in other districts but shall require a zoning permit and shall be erected as required by the Plan Commission.
[Amended 8-6-2018 by Ord. No. 7-18-706]
A. 
Purpose. The purpose of this section is to regulate permanent swimming pools in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B. 
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 of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his 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. The regulations herein shall also be applicable to in-ground hot tubs.
C. 
Exempt pools. The following are exempt from the provisions of this section:
(1) 
Covered, aboveground hot tubs.
(2) 
Portable pools with a maximum wall height at any point no greater than 24 inches, and a dry total weight no greater than 40 pounds.
D. 
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 Department of Inspection. Plans and specifications and pertinent explanatory data should be submitted to the Department of Inspection 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 as set forth in the official City fee schedule on file in the City Clerk's office shall accompany such application.
E. 
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 this section, 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 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 on 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.
F. 
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) 
No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the waterline of any pool be less than five feet from any lot line.
G. 
Fence requirement.
(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 four 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 which complies with the International Building Code requirements as adopted by the state.
(3) 
All swimming pools existing as of the effective date of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.
H. 
Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank 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 Building Inspector. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Board of Health shall be necessary before the construction of any such pool may commence.
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.