A. 
Building permit and site plan review required. No owner shall, within the Village of Hales Corners, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings, until a permit shall have first been obtained from the Zoning Administrator. Application for an accessory building permit and site plan review shall be made, in writing, to the Zoning Administrator. With such application, there shall be submitted 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.
[Amended 4-25-2022 by Ord. No. 22-02]
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 Residence Districts R-1 to R-4 inclusive may be established subject to the following regulations:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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.
(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; lot area coverage.
(a) 
No detached accessory building shall occupy any portion of the required front or side yard.
(b) 
In the case of an interior lot abutting upon one street, no detached accessory building shall be erected, altered, or moved so as to encroach upon the front setback of that lot.
(c) 
In the case of a corner lot, no detached accessory building shall be erected, altered or moved so as to encroach upon the front setback or the side street setback.
(d) 
Garages and other detached accessory buildings shall be less than 15 feet in height.
(e) 
No detached accessory building(s) shall occupy more than 50% of the required rear yard. 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 structures.
(f) 
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.
(g) 
No detached accessory building shall be erected, altered or moved so as to be within five feet of any side or rear lot line or alleyway.
(h) 
Any detached accessory building in excess of 100 square feet must conform to the construction requirements of a garage.
D. 
Use restrictions in residential district. 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 for detached accessory structures greater than 100 square feet shall have a side yard and rear yard setback in conformance with the setback requirements and regulations for that district. Detached accessory structures of 100 square feet or less may be placed five feet from any side or rear yard lot line.
[Amended 11-14-2005 by Ord. No. 05-17; 4-25-2022 by Ord. No. 22-02]
F. 
Landscaping units. Accessory vegetation used for landscaping and decorating may be placed in any required yard area. Permitted vegetation includes trees, shrubs and flowers and gardens. Under no circumstances may a tent be used as a dwelling or an accessory structure.
G. 
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.
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. 
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.
J. 
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.
K. 
Terrace area restrictions. In addition to the definitions and restrictions contained in this Code of Ordinances, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area or street right-of-way.
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]
[1]
Editor's Note: See also § 304-4B of Ch. 304, Nuisances.
E. 
Not more than 10% of the side and rear yards may be used for storage of firewood at any one time.
No manure, rubbish, inoperable vehicles, salvage material or miscellaneous refuse may be stored within any residential district when the same may be construed as a menace to the public health or safety or may be held to have a depressing influence upon property values in the area. Junk shall be placed in properly zoned junkyards only.
[1]
Editor's Note: See also § 327-1, Outdoor storage restrictions, of Ch. 327, Property Maintenance.
A. 
Fence defined. For the purpose of this section, a "fence" is herein defined as any enclosing or partially enclosing barrier, regardless of kind or type of material used for construction, except that barriers composed solely of living plants, shrubs, bushes or trees shall not be construed a fence under this chapter. The height of a fence shall be determined by measurements from the uppermost point of the fence to the existing immediately adjacent ground level of the adjoining property.
B. 
Permit required. A permit from the Building Inspector shall be required for the construction or erection of any fence in excess of 48 inches in height or of any fence of any height to be located closer to the road than the building setback line established by the Zoning Code. The fee shall be set by the Village Board.
[Amended 4-12-2004 by Ord. No. 04-02; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Permit application review requirements. No permit for a fence shall be issued unless it has been found as a fact by the Building Inspector and the Zoning Administrator, after a review of the property site and an examination of the application for the fence permit, which shall include exterior elevations of the proposed structure, that the height or the architectural appeal and functional plan of the proposed fence or its location on the site will, when so constructed or erected, not be such as to cause a substantial depreciation in property values in the immediate neighborhood or as to cause a traffic hazard.
[Amended 4-25-2022 by Ord. No. 22-02]
D. 
General requirements.
(1) 
All fences four feet in height or greater, require a permit. All fences erected in the side street setbacks (for corner lots) require a permit regardless of height and shall conform to the setback limits as defined by the parcel zoning district.
[Amended 4-25-2022 by Ord. No. 22-02]
(2) 
The structural side of the fence must be facing inward, or toward the owner's property.
(3) 
A five-foot fence must be set one foot off the property line. A six-foot fence must be set two feet off the property line. Fences four feet or under can be placed up to the property line.
E. 
Security fences. Security fences are permitted, with Plan Commission approval, on the property lines in all districts except residential districts, but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
F. 
Prohibited fences. Fences are prohibited in front yard setback areas in all districts. 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 in height and project toward the fenced property and away from any public area. In no case shall the barbed wire protrude over any public walk, road or thoroughfare, nor overhang any adjoining property lines.
[Amended 4-25-2022 by Ord. No. 22-02]
G. 
Fences to be repaired. All fences shall be maintained and kept safe and in a good state of 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 60 days.
I. 
Snow fences. Snow fences shall be permitted from November 15 through April 15, at which time all structures shall be removed.
J. 
Nonconforming fences and hedges. Any fence or hedge lawfully existing on the effective date of this chapter and not in conformance with this section may be maintained, but alterations, modifications or improvements of said fence shall comply with this section.
[Amended 6-14-2021 by Ord. No. 21-02; 4-25-2022 by Ord. No. 22-03]
A. 
Definition.
PRIVATE OR RESIDENTIAL SWIMMING POOL
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. Its use is exclusive for 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.
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 dissembled 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 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 permit fee pursuant to the Village Building Code 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) 
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 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 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 Village ordinances regulating electrical installations.
(4) 
All nonexempt pools shall include a barrier of at least 48 inches (which barrier may include the pool sides or fencing secured to the top of pool) at any grade for the full perimeter of the pool.
(5) 
Any nonexempt pool which does not require a fence under Section F, shall include with the permit for installation the safety specifications for a safety ladder that includes standards for removal when pool is not in use or provides the method for securing the ladder when pool is not in use.
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.
(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 for that district.
F. 
Fences required.
(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. A pool cover is not deemed a safety device for purposes of securing any pool. Such fence or wall shall not be less than 48 inches 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. Gates shall be constructed so that the latch securing the gate is at least 36 inches from grade.
(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 or uncovered side walls a minimum of 48 inches high.
G. 
Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.
H. 
Draining. 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.
I. 
Filter system required. All private swimming pools within the meaning of this section must have, in connection therewith, some filtration system to assure proper circulation of 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.
[Added 4-25-2022 by Ord. No. 22-02]
A. 
Building permit required. No owner shall, within the Village of Hales Corners, build, construct, use or place any solar collection system until a permit shall have first been obtained from the Building Inspector. Application for an accessory building and electrical permit shall be made, in writing, to the Building Inspector. With such application, there shall be submitted a complete set of plans and specifications, including structural schematics with a structural engineer certification affixed to the plan.
B. 
Ground-mounted solar collection systems are prohibited.