A.Â
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.Â
Placement restrictions. Accessory uses and detached
accessory structures are permitted in the rear yard only, except for
farm parcels; they shall not be closer than 10 feet to the principal
structure, shall not exceed 15 feet in height, shall not occupy more
than 20% of the rear yard area, and shall not be closer than three
feet to any lot line or five feet to an alley line but shall meet
the street setback requirement for principal structures.
C.Â
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.
D.Â
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, sun dials,
birdbaths, trees, shrubs and flowers and gardens.
E.Â
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.
F.Â
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:
G.Â
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.
H.Â
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.
I.Â
Retaining walls. Retaining walls may be permitted
anywhere on the lot; provided, however, that no individual wall shall
exceed three 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.
J.Â
Agricultural structures. Agricultural structures,
such as barns, silos and windmills, shall not exceed in height twice
their distance from the nearest lot line.
A.Â
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.Â
Firewood should be neatly stacked and may not be stacked
closer than two feet to any lot line or 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.Â
All brush, debris and refuse from processing of firewood
shall be promptly and properly disposed of within 15 days and shall
not be allowed to remain on the premises.
D.Â
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.Â
Not more than 20% of the side and rear yard may be
used for storage of firewood at any one time.
[Amended 8-1-2005 by Ord.
No. 1-10; 4-3-2017]
A.Â
This article is established to recognize the public and private benefits
accrued from functional and aesthetic fencing or walls between areas
of incompatible land uses and due to the increasing demand for active
and passive recreational and private area.
B.Â
No person shall construct a fence or retaining wall in the Village
of Theresa without first obtaining a permit from the Building Inspector.
Before construction can begin, an application for a permit shall be
filed with the Building Inspector on a form supplied by the Inspector,
together with a plot plan, sketch design of the proposed fence area
and payment of the required fees as set forth in Chapter 67, Fees.
The applicant is responsible for accurately determining property lines.
C.Â
DECORATIVE FENCE
FENCE
HEDGE
PICKET FENCE
RETAINING WALL
Fences categorized. As used in this section, the following terms
shall have the meanings indicated:
A fence not exceeding a height of three feet from ground
level, made of material other than wire, metal, chain, or poured concrete,
and constructed in a substantially open pattern (such as weave or
board-and-space pattern) and not a solid pattern (such as block, concrete,
or privacy pattern).
An enclosed barrier, solid or otherwise, consisting of wood,
iron, stone, metal or chain, intended to prevent ingress or egress
and shall include decorative fence. No fence shall be constructed
of unsightly or dangerous materials which would constitute a nuisance.
A row of bushes or small trees planted close together which
may form a barrier, enclosure or boundary.
A fence having pointed post, stake, pole or peg placed vertically
with the point or sharp part pointing upward to form a part of the
fence.
A solid barrier of any material constructed to hold back
a mass of earth. A retaining wall shall be considered a fence for
the purposes of this section.
D.Â
Fence height and setback.
(1)Â
Residential fences are permitted in residential districts but shall
not in any case exceed a height of six feet above the ground level.
No fence or portion of the fence shall be constructed within the front
setback area of a building, or corner side yard, unless it is a decorative
fence as defined above, and located no less than three feet from the
public right-of-way. Fencing within 10 feet from any point where a
driveway crosses the street right-of-way shall not exceed two (2)
feet in height.
(a)Â
No woven, twisted, welded, chain or interlaced fence shall be
located in a residential district unless such fencing includes a top
rail.
(b)Â
No wood-slat or plastic snow fence shall be permitted in a residential
district.
(c)Â
No fence or wall shall be erected, placed or maintained along
a lot line on any nonresidentially zoned property, adjacent to a residentially
zoned property, to a height exceeding eight feet.
(d)Â
The finished side of the fence shall face out from the lot which
is being fenced, except in those cases where the outside face of the
fence is shielded by hedge or other growth obstruction.
(2)Â
Setback for residential fences and retaining walls. Fences including retaining walls in or adjacent to a residential property shall have a twelve-inch rear and side yard setback; see Subsection D(1) for public right-of-way setbacks. Fences may be constructed parallel to lot lines.
(3)Â
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.
(4)Â
Prohibited fences. No fence shall be constructed which is a picket
fence or which is of an otherwise 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
10 feet above the ground and project toward the fenced property and
away from any public area.
(5)Â
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.
(6)Â
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.
(7)Â
Existing fences. Any fence which exists at the time of the passage
of this section, but does not conform to the provisions thereof, shall
not be altered or enlarged without making the entire fence conform
to the provisions of this section.
E.Â
Dog pens and runs shall be erected in the rear yard only and shall
be located at least 10 feet from any property line.
A.Â
CHILD OF TENDER YEARS
PRIVATE OR RESIDENTIAL SWIMMING POOL
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any child who has not attained the age of 10 years.
An outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
1Â 1/2 feet located above or below the surface of ground elevation,
having an area greater than 150 square feet, and 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.
B.Â
Exempt pools. Storable children's swimming or wading
pools, with a maximum dimension of 15 feet and a maximum wall height
of 18 inches and which are so constructed that they may be readily
disassembled for storage and reassembled to their original integrity,
are exempt from the provisions of this section.
C.Â
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 D unless the following construction requirements are observed:
(1)Â
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)Â
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)Â
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.
D.Â
Setbacks and other requirements.
(1)Â
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)Â
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 water
line of any pool be less than six feet from any lot line.
E.Â
Location. Swimming pools constructed in residential
districts shall be located on the same lot as, and in either the rear
or the side yard of, a principal building; however, they shall not
be constructed in the front yard or in a required corner side yard
in such districts. Swimming pools, either open or enclosed, shall
be considered the same as accessory buildings for purposes of calculating
the maximum area they may occupy in a required rear yard.
F.Â
Fence requirements. Every person who owns, directly
or indirectly, operates, uses, has custody or control of, or has the
right to use any private swimming pool located in the Village, having
side walls and rails which stand less than four feet above the ground
on which the pool is situated, shall erect and maintain a fence at
least four feet in height, or a suitable barrier around the swimming
pool or attached to the pool walls of such size and construction as
to safeguard a child of tender years and to prevent such child from
falling into the swimming pool. Such fence or barrier shall safeguard
those areas of the pool walls that are less than four feet in height
above the ground on which the pool is situated. Also acceptable shall
be the installation and maintenance of a cover or other protective
device over the swimming pool of such 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.