Village of Dane, WI Article XI Accessory Uses and Structures; Fences; Swimming Pools

§ 520-83 Accessory uses, structures and fences.

[Amended 4-5-2004]

Accessory uses, structures and fences may be permitted only after the issuance of a permit.

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.

(1) An accessory use, structure or fence permit will be issued only after the structural design and construction materials have been reviewed and approved by the Building Inspector.

(2) The exterior facade and roof must be constructed with the same architectural style and quality as the house or principal structure.

(3) Any accessory building which is attached to the principal building shall comply with the principal building requirements of that zoning district or development.

(4) Detached accessory structures, either portable small or permanent large, are allowed, subject to the prohibitions and restrictions outlined below.

B. Placement prohibitions and restrictions in residential districts. Any detached accessory use or structure, portable or permanent, may be established subject to the following general regulations:

(1) Prohibitions. Accessory uses or structures are not permitted in the street yard(s) of any lot, except as permitted in Subsections D to I.

(2) Accessory building, portable small:[1]

(a) Side yards: minimum five-foot setback.

(b) Rear yards: minimum five-foot setback; minimum rear yard ten-foot setback if abutting an alley.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Accessory building, permanent large:[2]

(a) Side yards: minimum ten-foot setback.

(b) Rear yards: minimum ten-foot setback; minimum rear yard twenty-foot setback if abutting an alley.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) Restrictions. Accessory uses or structures are permitted as follows:

(a) Size. In the aggregate, accessory uses or structures shall not occupy more than 35% of any required rear yard areas or be larger than 1,200 square feet, whichever is more restrictive.

(b) Number limits. In addition to a garage, one additional accessory building may be placed on a lot.

(c) Business activities prohibited. Accessory uses or structures 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) Proximity to other structures. Accessory uses or structures shall not be closer than 10 feet to any other accessory or principal structure.

(e) Building height. Building height for an accessory building may not be higher than 15 feet.

(f) Building elevation. The maximum accessory structure building elevation (roof peak) cannot exceed the elevation (roof peak) of the principal building on the lot, whichever height or elevation is more restrictive.

C. Placement restrictions in nonresidential districts. An accessory use or structure in a commercial or industrial district may not be established in the street yard and shall not be nearer than three feet to any side or rear lot line.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. 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.

E. 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. Garages in embankments in street yards. Where the mean natural grade of a street yard is more than eight feet above the curb level, a private garage may be erected within a street yard, provided that:

(1) The entrance to the private garage shall face the same direction as the front of the primary structure, as determined by the Zoning Administrator;

(2) The private garage shall be located no less than 10 feet from the front lot line or five feet behind the sidewalk, whichever is more restrictive;

(3) The floor level of such private garage shall be not more than one foot above the curb level; and

(4) At least 1/2 the height of such private garage shall be below the mean grade of the street yard.

G. 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. Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as garden 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. 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. Agricultural structures. Agricultural structures such as barns, silos and windmills shall not exceed in height twice their distance from the nearest lot line.

§ 520-84 Outside storage of firewood.

A. No person shall store firewood in the street yard on any property, except that firewood may be temporarily stored in the street yard for a period of five days from the date of its delivery.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 within 15 days 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.

E. No more than 10 cords may be stored on any one property at any one time. A "cord" is defined as four feet high by four feet wide by eight feet long.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 520-85 Fences.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

FENCE

An enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. 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) 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. Height of fences regulated.

(1) A fence or wall may be erected, placed or maintained along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level and be no closer than three feet to a public right-of-way, except that no such fence or wall which is located in a required front or corner side yard shall exceed a height of three feet. Where such lot line is adjacent to a nonresidentially zoned property, there shall be an eight-foot limit on the height of a fence or wall along such lot line.

(2) 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.

(3) No woven, twisted, welded or interlaced wire fence shall be located in a residential district, unless such fencing is ornamental in character.

(4) No wood slat snow fence shall be permitted in a residential district except for seasonal use.

D. Setback for fences. Fences are permitted on lot lines. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines. The applicant is responsible for proper placement on his/her lot; fences placed in error shall be removed at the owner's expense unless a written agreement is secured from the adjacent property owner.

E. Fence permit. No person shall erect or construct any new fence, or reconstruct more than 50% of an existing fence, without first securing a permit from the Building Inspector. General design information shall be submitted at the time of application.

F. 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.

G. 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

H. Fences to be repaired.

(1) All fences shall be maintained and kept safe and in a state of good repair.

(2) The finished side or decorative side of a fence shall face adjoining property.

I. 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.

J. Nonconforming fences. Any fence existing on the effective date of this Municipal 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]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 520-86 Swimming pools.

A. Intent. It is the intent of this section to provide property owners, renters and occupants with an orderly set of guidelines and firm rules and requirements to ensure the citizens of a reasonable amount of safety and protection for anything pertaining to swimming pools within the Village.

B. Definition.

(1) "Swimming pool," as used in this section, is defined as an outdoor structure containing a body of water in a receptacle or other container, located either above ground or partially or fully in ground, of sufficient size, depth, or height to enclose water at any point of greater than 1 1/2 feet in depth. No such pool shall be allowed within the Village of Dane unless it complies with all of the conditions and requirements of this section.

(2) "Swimming pool" is further defined as being a body of water that is used, or intended to be used, solely by the owner, occupant, lessee thereof, and his family, and by others 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.

C. Permit required.

(1) Before work is commenced on the construction or erection of a swimming pool or 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 using the prescribed application form for such a permit.

(2) No work or any part of the work shall be commenced until a written permit for such work has been issued.

(3) The minimum building permit fee pursuant to the Village Building Codes 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 unless the following construction requirements are observed:

(1) All materials and methods for initial construction, alteration, addition, remodeling or other improvements shall be in accordance with all state regulations and codes and with any and all ordinances of the Village now in effect or hereafter enacted.

(2) All electrical installations which are provided for, installed and used in conjunction with a swimming pool shall be in conformance with the state laws and codes and Village ordinances regulating electrical installations.

E. Setbacks.

(1) Swimming pools shall be erected or constructed in rear or side yards only, and only on a lot occupied by a principal building, except that a vacant lot may be used if the owner owns the contiguous lot and said lot is occupied by a principal building.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) No swimming pool shall be located, constructed, or maintained closer than 10 feet to any side or rear lot line.

F. Filter system required. All swimming pools must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

G. Water quality to be maintained. The water quality of all swimming pools shall be maintained at an acceptable level for such pools and shall not be allowed to deteriorate to an unsafe state with regard to bacteria, algae, foreign matter and other characteristics usually associated with pool water quality.

H. Dirt and sand bottoms prohibited. All swimming pools shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

I. Draining. No pool shall be allowed to drain any of its contents into the sanitary sewer system or onto the lands of another.

J. Unsafe pools not allowed. Unsafe pools shall not be allowed. An "unsafe pool," by definition, is any pool that is in poor condition due to age or excessive use or misuse, in a poor or unstable condition due to the materials used in its construction, or is not level within tolerance for such pools.

K. Fence required.

(1) Subject to the exceptions noted below, swimming pools shall be completely enclosed by a fence of sufficient strength to prevent unwanted access to the pool by children.

(2) Such fence shall not be less than four feet nor greater than six feet in height and so constructed as not to have voids, holes, or openings (except for gates) larger than four inches in one dimension.

(3) Gates or doors shall be kept locked while the pool is not in actual use.

(4) A self-closing gate shall be required for all in-ground pools.

(5) Fences shall be kept attractive and in good repair and shall not have barbed wire, electric wire, hazardous edges or other unsafe materials.

(6) Fences shall be located on the owner's property and shall not be required to meet the ten-foot setback limitation for pools but shall be in compliance with any other Village ordinances in effect regarding locations relative to lot lines.

(7) Swimming pools will not be required to be fenced if:

(a) The pool has extended walls to 72 inches, and the ladder or other access to the pool is removed or rendered unusable when the pool is not in use, and the opening is closed off by a locked gate when the pool is not in use;

(b) The pool is covered when not in use by a fastened cover of sufficient strength to support a two-hundred-fifty-pound person; or

(c) The pool is completely enclosed by a three-hundred-sixty-degree raised deck with a thirty-six-inch railing around the deck, and a self-closing, self-latching gate is used at the pool access point. A "raised deck," as used in this section, shall be defined as a deck whose floor is level or nearly level with the waterline of the pool.

L. Compliance and penalties. All swimming pools existing at the original time of passage (June 4, 1992) of this section shall be required to comply with all conditions of this section, except that the building permit requirement for the initial installation of the pool will not apply. The building permit requirement will apply, however, for any alterations, additions, remodeling, or other improvements.

§ 520-87 Exterior storage in residential and commercial districts. [1]

A. Purpose. The purpose of this section is to control the use of residential and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to §§ 520-22 and 520-24.

B. Requirements for exterior storage of materials and equipment in residential zoning districts. In all residential zoning districts (See § 520-15 for a listing of these districts.), all materials and equipment shall be prohibited except for firewood, landscaping materials associated with active on-site landscaping projects, and construction materials and related equipment connected with on-site construction. These items shall not be located within any street yard or required street yard, except for the duration of an active landscaping or construction project, and shall not be stored closer than 10 feet from a property line.

C. Requirements for exterior storage and/or on-site parking in residential zoning districts.

(1) In all residential districts, motorized or transport vehicles, including, but not limited to, automobiles, trucks, sport utility vehicles, vans, buses, commercial vehicles, limousines, campers, motor homes, and trailers, that do not exceed 22 feet in length are permitted to be parked and stored outdoors on a residential property, provided that the parking and storage complies with each of the following:

(a) The total number of vehicles parked and stored outside shall not exceed four vehicles per residence.

(b) No more than two of the vehicles parked and stored outside on a single-family or two-family lot can be trailers, commercial vehicles or recreational vehicles.

(c) Parking or storage is allowed in the street yard or required street yard as long as it occurs on a paved surface such as a driveway leading to the garage of the residence or other space adjacent to the driveway that is designated for such purpose and having a like surface treatment or paved with asphalt, concrete, or paving blocks.

(d) Vehicles must be parked perpendicular to the street, except where they are parked on a curved or circular driveway.

(e) A minimum two-foot setback shall be maintained between the sidewalk and any part of the vehicle, including the hitch or tongue of a trailer. If there is not a sidewalk, the vehicle may be parked up to the right-of-way line or 10 feet from the back edge of the curb, whichever is greater.

(f) The parked and stored vehicles shall comply with Subsection C(4) through (10) below.

(g) Exemptions include occasional gatherings where the maximum number of vehicles parked outside is exceeded for a short period of time and occasional delivery trucks or moving vans parked on the property for short periods of time.

(2) Storage of oversized recreational vehicles. In all residential districts, the storage of oversized vehicles (i.e., motorized or transport vehicles, including, but not limited to, trailers, vans, campers, and motor homes, that exceed 22 feet in length) is allowed only with the approval of a conditional use permit. The storage of oversized commercial vehicles is prohibited. A conditional use permit may be granted if the request meets each of the following standards:

(a) No more than one oversized vehicle shall be stored outside on a residential property at any given time.

(b) Storage shall take place in the rear yard or in the side yard. If parked in the side yard, no portion of the vehicle shall extend in front of the residence. The vehicle shall be at least five feet from the rear and side property lines.

(c) The oversized vehicle shall be stored on a parking pad designated for such purpose and having a surface treatment of asphalt, concrete, paving blocks, decorative stone, or other surface treatment approved through the conditional use permit.

(d) Any oversized vehicle stored on a residential property shall be reasonably screened from adjacent residential properties and the public street. Screening shall consist of evergreen vegetation, a fence, or some combination thereof. The evergreen vegetation shall take into account the mature spread of the plantings and the space within which they are intended to grow, as well as the soil and light conditions present. The trees shall be, at a minimum, four feet tall when planted and shall be planted in accordance with the spacing recommendation for the species selected. The plan shall be reviewed as part of the conditional use permit. If unique circumstances suggest the need for an alternative screening method, the alternative method may be reviewed as part of the conditional use permit.

(e) The storage vehicle must comply with Subsection C(4) through (9) below.

(f) The request shall comply with Article V, Conditional Uses, of this chapter.

(3) Exception for seasonal parking of oversized recreational vehicles. In all residential districts, oversized recreational vehicles (i.e., motorized or transport vehicles, including, but not limited to, trailers, vans, buses, campers, and motor homes, that exceed 22 feet in length) may be parked outdoors on a residential property between April 1 and November 30 each year, provided that the parking complies with the following:

(a) No more than one oversized recreational vehicle may be parked outside on a residential property at any given time.

(b) Parking is allowed in the street yard or required street yard as long as it occurs on a paved surface, such as a driveway leading to the garage of the residence or other space adjacent to the driveway that is designated for such purpose and having a like surface treatment or paved with asphalt, concrete, or paving blocks. No part of the vehicle shall be closer than five feet from the side lot line.

(c) Parking is also allowed in locations which have been approved for storage during the off season.

(d) The vehicle must be parked perpendicular to the street, except where they are parked on a curved or circular driveway.

(e) A minimum two-foot setback shall be maintained between the sidewalk and any part of the vehicle, including the hitch or tongue of a trailer. If there is no sidewalk, the vehicle can be parked up to the right-of-way line or 10 feet from the back of the curb, whichever is greater.

(f) Such seasonal parking shall comply with Subsection C(5) through (9) below.

(g) The parking or storage of oversized commercial vehicles on residential properties is prohibited.

(4) Temporary off-season loading and unloading. An oversized recreational vehicle may be temporarily parked on a residential property for loading and unloading purposes for a period not to exceeded 48 hours prior to and 48 hours subsequent to a vacation, trip, or other extended use of the vehicle during the off season (December 1 to March 31 each year). Temporary parking for this purpose shall comply with the provisions for seasonal parking contained in Subsection C(3).

(5) Recreational vehicles stored or parked on residential property must be owned by the resident who is occupying the property on which the vehicle is being parked or stored.

(6) All stored or parked vehicles must display current vehicle registration tags.

(7) Stored or parked vehicles shall not be used for dwelling purposes, sleeping or for permanent living and shall not be used for storage of goods, material, or equipment, other than those items considered to be part of the vehicle or essential for its immediate use.

(8) Permanent or temporary connection to water, gas, electric, or sanitary sewer services is prohibited.

(9) All areas around the vehicles shall be kept weed-free and free of other accumulated storage material.

(10) Commercial vehicles less than 22 feet in length shall be owned by the resident of the property or the resident's employer.

D. Requirements for exterior storage in commercial districts. In all commercial zoning districts (See § 520-15 for a listing of these districts.), all materials and equipment shall be stored within a completely enclosed building except for the following, which shall not be located within any street yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking.

E. Inoperative motor vehicles and junk. Refer to Chapter 408, Article II, Junked Vehicles and Appliances, and Chapter 491, Vehicles, Abandoned, of the Code of the Village of Dane.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).