[Amended 3-21-2006; 2-6-2007 by Ord. No. 2-1-2007; 3-19-2019 by Ord. No.
Z2019-02-03]
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 for residential districts. An accessory use
or structure in a residential district may be established subject
to the following regulations:
(1)
Lake lots, general standards.
(a)
Accessory uses and detached accessory structures are permitted
in the street yard of lots abutting a lake, provided that such use
or structure shall not be closer than 10 feet to the principal structure,
shall not occupy more than 20% of the street yard area, shall not
be closer than five feet to a side lot line and shall not be closer
than 15 feet to the right-of-way of a public or private road.
(b)
No single accessory structure shall exceed 600 square feet in
area, except that no single accessory structure shall exceed 800 square
feet in the R-1 District.
(c)
Accessory buildings 26 feet or less in width shall not be more
than 15 feet in height; accessory building height may be increased
two feet for every four feet of width added beyond 26 feet. Height
shall be measured from the grade to a building's roof ridge line.
(2)
Nonlake lots, general standards.
(a)
Accessory uses and detached accessory structures in R-1 through
R-8 Residential Districts and CES Country Estates Districts are permitted
in the rear or side yards of lots not abutting a lake, provided that
such use or structure shall meet all Building Code separation footage
from the principal dwelling. The accessory structure shall not occupy
more than 20% of the rear yard and conform to Washington County Planning
and Parks setbacks for sanitary systems. In R-1 through R-8 Residential
Districts, minimum rear and side yards of 10 feet from accessory structures
shall be required. In CES Country Estates Districts, minimum rear
and side yards of 30 feet from accessory structures shall be required,
except that on lots fronting a cul-de-sac, a minimum side yard of
25 feet from accessory structures shall be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(b)
Accessory buildings 26 feet or less in width shall not be more
than 15 feet in height; accessory building height may be increased
two feet for every four feet in width added beyond 26 feet. Height
shall be measured from the grade line to a building's ridge line.
The accessory building shall not exceed the height of the principal
residence, measured from the grade at the front door of the residence
to the peak of the roof.
(c)
Metal accessory buildings, as an example, garden/utility sheds
larger than 60 square feet, are prohibited in all districts.
(d)
Accessory structures consisting of tubular frames and canvas
outer skin or any type of frame and any type of covering are considered
the same as to size and are deemed taxable structures. Building permits
and county approval are required.
(e)
Accessory structures may have a second floor but shall not exceed
the height of the principal structure.
(3)
Attached accessory buildings. All accessory buildings which are attached
to the principal building shall comply with the yard requirements
of the principal building.
C.
Additional restrictions for residential districts.
(1)
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.
(2)
Accessory buildings placed on wheels, skids, etc., shall comply with
the requirements of this section, including placement restrictions.
(3)
The use of semitrailers, freight containers, or other types of similar
storage containers as an accessory structure is prohibited.
D.
Placement restrictions for 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 three 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, birdbaths, trees,
shrubs and flowers and gardens.
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.
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.
J.
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.
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, and provided further that
along a street frontage no such wall shall be closer than three feet
to the property line.
L.
Specific provisions for accessory buildings; Residential Zoning Districts.
(1)
R-1 Single-Family Residential District (Unsewered).
(a)
Permitted accessory buildings: private detached garages; gardening,
tool, and storage sheds incidental to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 800 square feet. There shall
be a maximum of 800 square feet for one accessory building. The detached
garage size may be increased by 150 square feet for each acre over
two acres per parcel.
(c)
A combination of any two accessory buildings shall not exceed
800 square feet.
(d)
Detached accessory structures are permitted in the rear yard
or side yard and shall not exceed 20 feet in height.
(e)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(2)
R-2 Single-family Residential District (Unsewered).
(a)
Permitted accessory buildings: Private detached garages, barns,
poultry houses, greenhouses, sheds, or other similar structures, such
as storage sheds used for gardening and tools incidental to the residential
use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 800 square feet. There shall
be a maximum of 800 square feet for one accessory building. Building
size may be increased by 150 square feet for each acre over two acres
per parcel.
(c)
A combination of any two accessory buildings shall not exceed
800 square feet.
(d)
Detached accessory structures are permitted in the rear yard
or side yard and shall not exceed 20 feet in height.
(e)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(3)
R-3 Rural Residential District.
(a)
Permitted accessory buildings: Private detached garages of up
to 1,000 square feet; gardening, tool and storage sheds incidental
to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 1,000 square feet. There shall
be a maximum of 1,000 square feet for one accessory building. Building
size may be increased by 100 square feet for each added acre over
three acres per parcel or fraction thereof. A combination of any two
accessory buildings shall not exceed the limit calculated by the Building
and/or Zoning Department.
(c)
Square footage is calculated on the base of the building. Square
footage for the permit fee is the total of all floor space.
(d)
Accessory uses and detached accessory structures are permitted
in the rear yard or side yard and shall not exceed the height of the
principal dwelling. The square footage may not exceed the living area
of the dwelling.
(e)
Accessory buildings may be placed in the street yard setback
forward of the dwelling with the following conditions:
[1]
The lot must conform to the minimum width standard of 300 feet.
[2]
The setback must meet the minimum setback from the right-of-way
in R-3 zoning.
[3]
The building must be at least 10 feet from the dwelling, but
cannot be more than 30% of the road right-of-way setback from the
dwelling.
[4]
The accessory building must match the roof pitch in the front
decor of the dwelling.
[5]
The accessory building cannot exceed the height of the dwelling
measured from grade line to top of ridge.
(f)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(4)
R-4 Single-Family Residential District (Sewered).
(a)
Permitted accessory buildings: Gardening, tool and storage sheds
incidental to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 600 square feet. There shall
be a maximum of 600 square feet for one accessory building. Building
size may be increased by 100 square feet for each added acre per parcel.
(c)
A combination of any two accessory buildings shall not exceed
600 square feet.
(d)
Accessory uses and detached accessory structures are permitted
in the rear yard or side yard and shall not exceed 20 feet in height.
(e)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(5)
R-5 Single-Family Residential District (Sewered).
(a)
Permitted accessory buildings: Gardening, tool and storage sheds
incidental to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 600 square feet. There shall
be a maximum of 600 square feet for one accessory building. Building
size may be increased by 100 square feet for each added acre per parcel.
(c)
A combination of any two accessory buildings shall not exceed
600 square feet.
(d)
Accessory uses and detached accessory structures are permitted
in the rear yard or side yard and shall not exceed 20 feet in height.
(e)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(6)
R-6 Two-Family Residential District (Unsewered).
(a)
Permitted accessory buildings: Gardening, tool and storage sheds
incidental to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 600 square feet. There shall
be a maximum of 600 square feet for one accessory building. Building
size may be increased by 100 square feet for each added acre per parcel.
(c)
A combination of any two accessory buildings shall not exceed
600 square feet.
(d)
Accessory uses and detached accessory structures are permitted
in the rear yard or side yard and shall not exceed 20 feet in height.
(e)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(7)
R-7 Two-Family Residential District (Sewered).
(a)
Permitted accessory buildings: Gardening, tool and storage sheds
incidental to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 600 square feet. There shall
be a maximum of 600 square feet for one accessory building. Building
size may be increased by 100 square feet for each added acre per parcel.
(c)
A combination of any two accessory buildings shall not exceed
600 square feet.
(d)
Accessory uses and detached accessory structures are permitted
in the rear yard or side yard and shall not exceed 20 feet in height.
(e)
Metal accessory buildings larger than 60 square feet in size
are prohibited.
(8)
R-8 Multiple Family Residential District (Unsewered).
(a)
Permitted accessory buildings: By application to the Plan Commission.
(9)
CES Country Estates District; general standards.
(a)
Permitted accessory buildings: Private detached garages, stables,
barns, poultry houses, greenhouses, sheds, or other similar structures
such as storage sheds used for gardening and tools incidental to the
residential use.
(10)
CES-5 Country Estate District (five-acre minimum).
[Amended 7-21-2020 by Ord. No. Z2020-07-02]
(a)
Permitted accessory buildings: Private detached garages, stables,
barns, poultry houses, greenhouses, sheds, or other similar structures
such as storage sheds used for gardening and tools incidental to the
residential use
(b)
Accessory building application requirements in CES-5 Zoning
Districts: All accessory buildings constructed in CES-5 Zoning Districts
require approval by the Plan Commission. The following application
requirements and standards apply for accessory structures of all sizes
in CES-5 Zoning Districts.
[1]
All accessory buildings in CES-5 Zoning, regardless
of size, require architectural approval by the Town of Trenton Plan
Commission prior to issuance of any permits for the accessory building.
[2]
At the time of application, the applicant shall
submit a plat of survey prepared by a Wisconsin-registered land surveyor
which accurately depicts and dimensions the proposed location of the
accessory structure. The accessory structure shall be located as depicted
on the survey or as approved by the Plan Commission.
[3]
The application materials submitted by the applicant
for the accessory structure shall specifically indicate all of the
exterior building dimensions of the accessory structure, including
height.
[4]
The following specific requirements and standards
shall be considered and will be applied as deemed appropriate by the
Plan Commission when considering approval of applications for accessory
structures in the CES-5 Zoning District:
[a]
The accessory structure shall be building code
compliant, meeting all building restrictions in the Town of Trenton.
[b]
No business operation of any kind, including a
home-based business, shall be allowed as part of the use of the accessory
structure.
[c]
Detached accessory structures are permitted in
the rear yard or side yard.
[Amended 3-15-2022 by Ord. No. Z2022-03-01]
[d]
The side yard setback shall be 50 feet, but in
no case shall the side yard setback be less than 150 feet from a neighboring
residence.
[e]
No accessory structure shall exceed 35 feet in
height.
[f]
No more than three accessory structures totaling
no more than the allowed square footage listed below shall be allowed
on the parcel. If a single accessory structure is constructed to the
maximum square footage allowed for the parcel, no additional accessory
structures shall be allowed on the parcel.
[i]
Permitted accessory structure sizes:
[A]
Five to six acres: A maximum of 1,600 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 1,600 square feet.
[B]
Six to seven acres: A maximum of 1,700 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 1,700 square feet.
[C]
Seven to eight acres: A maximum of 1,800 square
feet for one accessory building; a combination of any three accessory
buildings shall not exceed 1,800 square feet.
[D]
Eight to nine acres: A maximum of 1,900 square
feet for one accessory building; a combination of any three accessory
buildings shall not exceed 1,900 square feet.
[E]
Nine acres or larger: A maximum of 2,000 square
feet for one accessory building; a combination of any three accessory
buildings shall not exceed 2,000 square feet.
[g]
No reduction of land area through land divisions
of any kind (including transfers of land between abutting property
owners) shall be allowed if the property owner has constructed the
maximum square footage of accessory structure(s) allowed, unless the
accessory structure(s) is reduced in size prior to the land division
occurring to meet the requirements of Town ordinances for the reduced-size
parcel.
[h]
The materials for construction of the accessory
structure shall be consistent with the materials represented by the
applicant to the Plan Commission and shall remain consistent throughout
the useful life of the accessory structure.
[i]
The property owner and the property owner's successor
and assigns shall maintain landscaping and screening consistent with
a plan for the accessory structure approved by the Plan Commission
throughout the useful life of the accessory structure.
[j]
Construction of the accessory structure shall not
commence until an approved landscape plan is agreed to by the property
owner and the Plan Commission. The landscape plan can be submitted
with the structure plans as part of the structure approval process.
[k]
The accessory structure shall not be rented or
leased to any person, nor may the accessory structure be used by any
person other than the owner of the property upon which the accessory
structure is located.
[5]
The Plan Commission may recommend to the Town Board
or the Town Board may increase the minimum required setbacks of the
accessory structure(s) as deemed necessary.
[6]
Architectural approval required. Architectural
approval shall be required for all accessory structures in CES-5 Zoning.
The following requirements, as well as additional requirements that
may be proposed by the Plan Commission at its architectural review,
shall be considered at a minimum.
[a]
Color.
[b]
The height of the accessory structure cannot exceed
the height of the residence measured at the front door of the residence.
[c]
The accessory structure shall be compatible and
architecturally pleasing with the surrounding area. Appropriate landscaping
shall be required.
[d]
Freight containers, semitrailers, and similar equipment
are not allowed as accessory buildings.
[e]
Exterior lighting shall not be aimed at, illuminate,
or encroach upon neighboring properties. Exterior lighting shall be
aimed at a downward angle.
(c)
Loafing sheds permitted. Notwithstanding the permitted accessory
building requirements in this subsection, loafing sheds may be permitted
as temporary structures at the sole discretion of the Plan Commission
and the Town Board with conditions such as limitations and restrictions
relating to height, width, setback, number of stalls, and any other
aesthetic concerns.
[1]
If there are no livestock on the property for a
period of six months, the loafing shed located on the property must
be removed.
(11)
CES-10 Country Estate District (hobby farms; country estates;
ten-acre minimum).
(a)
Permitted accessory buildings: Private detached garages, stables,
barns, poultry houses, greenhouses, sheds, or other similar structures
such as storage sheds used for gardening and tools incidental to the
residential use.
(b)
Accessory building application requirements in CES-10 Zoning
Districts: All accessory buildings constructed in CES-10 Zoning Districts
require approval by the Plan Commission. The following application
requirements and standards apply for accessory structures of all sizes
in CES-10 Zoning Districts.
[1]
All accessory buildings in CES-10 zoning, regardless
of size, require architectural approval by the Town of Trenton Plan
Commission prior to issuance of any permits for the accessory building.
[2]
At the time of application, the applicant shall
submit a plat of survey prepared by a Wisconsin-registered land surveyor
which accurately depicts and dimensions the proposed location of the
accessory structure. The accessory structure shall be located as depicted
on the survey or as approved by the Plan Commission.
[3]
The application materials submitted by the applicant
for the accessory structure shall specifically indicate all of the
exterior building dimensions of the accessory structure, including
height.
[4]
The following specific requirements and standards
shall be considered and will be applied as deemed appropriate by the
Plan Commission when considering approval of applications for accessory
structures in the CES-10 Zoning District:
[a]
The accessory structure shall be building code
compliant, meeting all building restrictions in the Town of Trenton.
[b]
No business operation of any kind, including a
home-based business, shall be allowed as part of the use of the accessory
structure.
[c]
Detached accessory structures are permitted in
the rear yard or side yard.
[Amended 3-15-2022 by Ord. No. Z2022-03-01]
[d]
The side yard setback shall be 50 feet, but in
no case shall the side yard setback be less than 150 feet from a neighboring
residence.
[e]
No accessory structure shall exceed 35 feet in
height.
[f]
No more than three accessory structures totaling
no more than the allowed square footage listed below shall be allowed
on the parcel. If a single accessory structure is constructed to the
maximum square footage allowed for the parcel, no additional accessory
structures shall be allowed on the parcel.
[i]
Permitted accessory structure sizes:
[A]
Ten to 12 acres: A maximum of 2,400 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 2,400 square feet.
[B]
Thirteen acres: A maximum of 2,500 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 2,500 square feet.
[C]
Fourteen acres: A maximum of 2,600 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 2,600 square feet.
[D]
Fifteen acres: A maximum of 2,700 square feet for
one accessory building; a combination of any three accessory buildings
shall not exceed 2,700 square feet.
[E]
Sixteen acres: A maximum of 2,800 square feet for
one accessory building; a combination of any three accessory buildings
shall not exceed 2,800 square feet.
[F]
Seventeen acres: A maximum of 2,900 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 2,900 square feet.
[G]
Eighteen acres: A maximum of 3,000 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 3,000 square feet.
[H]
Nineteen acres: A maximum of 3,100 square feet
for one accessory building; a combination of any three accessory buildings
shall not exceed 3,100 square feet.
[I]
Twenty acres and larger: A maximum of 3,200 square
feet for one accessory building; a combination of any three accessory
buildings shall not exceed 3,200 square feet.
[g]
No reduction of land area through land divisions
of any kind (including transfers of land between abutting property
owners) shall be allowed if the property owner has constructed the
maximum square footage of accessory structure(s) allowed, unless the
accessory structure(s) is reduced in size prior to the land division
occurring to meet the requirements of Town Ordinances for the reduced-size
parcel.
[h]
The materials for construction of the accessory
structure shall be consistent with the materials represented by the
applicant to the Plan Commission and shall remain consistent throughout
the useful life of the accessory structure.
[i]
The property owner and the property owner's successor
and assigns shall maintain landscaping and screening consistent with
a plan for the accessory structure approved by the Plan Commission
throughout the useful life of the accessory structure.
[j]
Construction of the accessory structure shall not
commence until an approved landscape plan is agreed to by the property
owner and the Plan Commission. The landscape plan can be submitted
with the structure plans as part of the structure approval process.
[k]
The accessory structure shall not be rented or
leased to any person, nor may the accessory structure be used by any
person other than the owner of the property upon which the accessory
structure is located.
[5]
The Plan Commission may recommend to the Town Board
or the Town Board may increase the minimum required setbacks of the
accessory structure(s) as deemed necessary.
[6]
Architectural approval required. Architectural
approval shall be required for all accessory structures in CES-10
zoning. The following requirements, as well as additional requirements
that may be proposed by the Plan Commission at its architectural review,
shall be considered at a minimum.
[a]
Color.
[b]
The height of the accessory structure cannot exceed
35 feet.
[c]
The accessory structure shall be compatible and
architecturally pleasing with the surrounding area. Appropriate landscaping
shall be required.
[d]
Freight containers, semi trailers, and similar
equipment are not allowed as accessory buildings.
[e]
Exterior lighting shall not be aimed at, illuminate,
or encroach upon neighboring properties. Exterior lighting shall be
aimed at a downward angle.
(c)
Loafing sheds permitted. Notwithstanding the permitted accessory
building requirements in this subsection, loafing sheds may be permitted
as temporary structures at the sole discretion of the Plan Commission
and the Town Board with conditions such as limitations and restrictions
relating to height, width, setback, number of stalls, and any other
aesthetic concerns.
[1]
If there is no livestock on the property for a
period of six months, the loafing shed located on the property must
be removed.
(12)
C-1 Conservancy District.
(a)
Permitted accessory buildings: Private detached garages of up
to 1,000 square feet. Gardening, tool and storage sheds incidental
to the residential use.
(b)
Permitted accessory buildings shall not exceed two accessory
buildings and constitute no more than 1,000 square feet. There shall
be a maximum of 1,000 square feet for one accessory building. Building
size may be increased by 100 square feet for each added acre over
three acres per parcel or fraction thereof.
(c)
A combination of any two accessory buildings shall not exceed
the limit calculated by the Building and/or Zoning Department.
(d)
Square footage is calculated on the base of the building.
(e)
Square footage for the permit fee is the total of all floor
space.
(f)
Accessory uses and detached accessory structures are permitted
in the rear yard or side yard and shall not exceed the height of the
principal dwelling. The square footage may not exceed the living area
of the dwelling.
(g)
Accessory buildings may be placed in the street yard setback
forward of the dwelling with the following conditions:
[1]
The lot must conform to the minimum width standard
of 300 feet.
[2]
The setback must meet the minimum setback from
the right-of-way in R-3 zoning.
[3]
The building must be at least 10 feet from the
dwelling, but cannot be more than 30% of the road right-of-way setback
from the dwelling.
[4]
The accessory building must match the roof pitch
in the front decor of the dwelling.
[5]
The accessory building cannot exceed the height
of the dwelling measured from grade line to top of ridge.
(h)
Loafing sheds permitted. Notwithstanding the permitted accessory
building requirements in this subsection, loafing sheds may be permitted
as temporary structures at the sole discretion of the Plan Commission
and the Town Board with conditions such as limitations and restrictions
relating to height, width, setback, number of stalls, and any other
aesthetic concerns.
[1]
If there is no livestock on the property for a
period of six months, the loafing shed located on the property must
be removed.
(13)
A-1 Agricultural District.
(a)
Permitted accessory buildings: Supporting agricultural practices
associated with the agricultural uses listed; garages.
(b)
Permitted accessory buildings shall not exceed the number of
accessory buildings permitted by lot acreage size as stated below,
or as determined by the Plan Commission for lots of 35 acres or more
in size, and shall comply with the following square footage requirements:
[1]
For lots of less than three acres: a maximum of
600 square feet for one or the combination of two accessory buildings.
[2]
For lots of three or more acres but less than five
acres: a maximum of 864 square feet for one or the combination of
two accessory buildings.
[3]
For lots of five or more acres but less than 10
acres: a maximum of 1,000 square feet for one or the combination of
two accessory buildings.
[4]
For lots of 10 or more acres but less than 13 acres:
a maximum of 1,600 square feet for one accessory building or 1,600
square feet for a combination of any two accessory buildings.
[5]
For lots of 13 acres: a maximum of 1,700 square
feet for one accessory building or 1,700 square feet for a combination
of any two accessory buildings.
[6]
For lots of 14 acres or more, permitted accessory
buildings shall not exceed three accessory buildings and shall comply
with the following square footage requirements:
[a]
For lots of 14 acres: a maximum of 1,800 square
feet for one accessory building or 1,800 square feet for a combination
of any three accessory buildings.
[b]
For lots of 15 acres: a maximum of 1,900 square
feet for one accessory building or 1,900 square feet for a combination
of any three accessory buildings.
[c]
For lots of 16 acres: a maximum of 2,000 square
feet for one accessory building or 2,000 square feet for a combination
of any three accessory buildings.
[d]
For lots of 17 acres: a maximum of 2,100 square
feet for one accessory building or 2,100 square feet for a combination
of any three accessory buildings.
[e]
For lots of 18 acres: a maximum of 2,200 square
feet for one accessory or 2,200 square feet for a combination of any
three accessory buildings.
[f]
For lots of 19 acres: a maximum of 2,300 square
feet for one accessory building or 2,300 square feet for a combination
of any three accessory buildings.
[g]
For lots of 20 acres: a maximum of 2,400 square
feet for one accessory building or 2,400 square feet for a combination
of any three accessory buildings.
[h]
For lots over 20 acres, less than 35 acres in size:
add 200 square feet for each additional acre over 20 acres for one
accessory building. A combination of any three accessory buildings
shall not exceed the total legal limit for lot size.
[i]
For lots of 35 acres or more in size: By application
to the Plan Commission only.
(c)
Notwithstanding the permissible accessory building requirements
in this subsection, loafing sheds may be permitted as temporary structures
at the sole discretion of the Town Board with conditions such as limitations
and restrictions relating to height, width, setback, number of stalls
and any other aesthetic concerns.
[1]
If there is no livestock on the property for a
period of six months, the loafing shed located on the property must
be removed.
(14)
AT Agricultural Transition District.
(a)
Permitted accessory buildings: Those accessory buildings permitted
in the EA Exclusive Agricultural District.
(15)
EA Exclusive Agricultural District.
(a)
Permitted accessory buildings on parcels of at least 35 acres,
zoned EA Exclusive Agricultural, not for agricultural use: private
garages.
[Amended 3-15-2022 by Ord. No. Z2022-03-01]
(b)
Permitted accessory buildings not for agricultural use shall
not exceed two accessory buildings totaling not more than 3,200 square
feet.
[Amended 3-15-2022 by Ord. No. Z2022-03-01]
(c)
Permitted accessory buildings are permitted in the rear yard
or side yard, shall not exceed 20 feet in height to the ridgeline
of the roof and shall comply with the setback requirements of the
district. Accessory buildings may be placed in the street yard setback
forward of the dwelling with the following conditions:
[1]
The building must meet the minimum setback from
the right-of-way.
(d)
Notwithstanding the permissible accessory building requirements
in this subsection, loafing sheds may be permitted as temporary structures
at the sole discretion of the Town Board with conditions such as limitations
and restrictions relating to height, width, setback, number of stalls
and any other aesthetic concerns.
[1]
If there is no livestock on the property for a
period of six months, the loafing shed located on the property must
be removed.
A.
No person shall store firewood in the front yard on
residentially zoned property or a commercially zoned property with
a residence on the premises, 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 not be stacked
closer than three 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 subsection
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.
E.
Not more than 30% of the side and rear yard may be
used for storage of firewood at any one time.
[Amended 2-6-2007 by Ord. No. 2-1-2007; 7-20-2010]
A.
Fences
defined. For the purpose of this section, "fence" is herein defined
as a 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 or hazard. Snow fencing is not an
acceptable material for a fence.
[Amended 6-21-2022 by Ord. No. Z2022-06-02]
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 of 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.
Fence
permit. Prior to construction, a Town fence permit is required for
any fence proposed within 10 feet of a property line. The applicant
shall submit design information and a proposed site drawing at the
time of filing.
D.
Residential
fences.
(1)
Residential fence standards. Residential fences, hedges and walls
are permitted on the property lines in the side and rear yards of
residential districts but shall not in any case exceed a height of
six feet and shall not be closer than two feet to any alley line.
Residential fences, hedges and walls are permitted in the street yard
provided they are no more than three feet in height and shall not
be closer than five feet to a street 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.
(3)
Prohibited fences. No fence on residentially zoned property shall
be constructed which is of a dangerous type of construction or which
conducts electricity or is designed to electrically shock or which
uses barbed wire. 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 height and project toward the fenced property and away
from any public area.
E.
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.
F.
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.
G.
Nonconforming
fences and hedges.
(1)
Any fence or hedge existing on the effective date of this Zoning
Code and not in conformance with this section may be maintained, but
any alteration, modification or improvement of said fence shall comply
with this section.
(2)
Agricultural fences are excluded from the provisions of this section.
[Amended 2-6-2007 by Ord. No. 2-1-2007; 7-20-2010]
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 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.
B.
Exempt pools. Storable, inflatable children's swimming or wading
pools with a maximum dimension of 15 feet in diameter 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 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. A fee as set forth on the schedule
of deposits, bonds and fees 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 code and with any and
all ordinances of the Town now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances
of the Town 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 a sanitary sewer system,
into any on-site private sewage system, directly into a navigable
body of water 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 Town ordinances regulating electrical installations.
Swimming pools shall not be constructed directly over or under electric
transmission lines. All electrical connections to a swimming pool
shall be properly grounded so that no electrical current can be discharged
into any part of the swimming pool or the surrounding fence.
(4)
No lighting installed around swimming pools shall throw direct illumination
onto adjacent properties.
E.
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)
Swimming pools shall comply with the yard requirements for principal
structures in the district in which they are located.
(3)
Pools must be located a minimum of 10 feet from any roof structure.
F.
Fence.
(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. Such fence or wall shall be
not less than four feet in height and so constructed as not to have
voids, holes or openings larger than four inches in one dimension.
Access to in-ground pools shall be controlled by a self-latching gate,
and all such gates shall be kept securely closed and locked at all
times when the owner or occupant is not present at the pool.
(2)
The pool enclosure may be omitted where aboveground pools are installed
above ground and have a raised deck for access to pool and the remainder
of pool meets the forty-two-inch pool height. An attached enclosed
railing with a minimum of 36 inches high with openings not to exceed
four inches with a self-closing, self-latching gate, or if the pool
enclosure has side walls of at least 42 inches, with a ladder or stairs
access that is restricted.
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 or when water is placed
in the pool.
