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 in all districts. An accessory use or structure
in all districts may be established subject to the following regulations:
[Amended 9-13-2004[1]]
(1)
Accessory building or structure. Any detached building or structure
subordinate to the main building or structure and used for a purpose
customarily incidental to the permitted use of the main building or
structure or the use of the premises, not including detached garages.
Accessory buildings and structures include, but are not limited to,
utility storage buildings less than 144 square feet in area, carports,
greenhouses, screened enclosures, decks, swimming pools, bathhouse,
and filter equipment sheds, playhouses, gazebos and satellite dish
antennas.
(a)
Utility buildings exceeding 144 square feet in area will require
a building permit and shall be included in the calculation of the
allowable square footage for a detached private garage.
(b)
Accessory buildings shall set back from the property line not
less than five feet.
(c)
No accessory building or structure shall occupy any portion
of the required front yard.
(d)
This subsection excludes dumpster enclosures.
(2)
Garage private (attached). A building in residential areas for the
storage of motor-driven vehicles that is physically attached to the
principal building. Attached private garages shall comply with the
same setback requirements as for principal buildings.
(3)
Garage private (detached). A building in residential areas for the storage of motor-driven vehicles. Detached private garages shall comply with Subsection B(3)(a), (b), (c) and (d).
(a)
A detached private garage shall not occupy more than 1,400 square
feet of area in combination with any other accessory buildings or
structures.
(b)
No detached private garage(s) shall be constructed on a residential
lot until a principal structure is present or under construction.
(c)
Detached private garage(s) shall be set back from the property
lines not less than five feet.
(d)
Detached private garage(s) shall be separated from the principal
building by not less than 10 feet; should the building provide a one-hour
fire-restrictive construction, the separation can be reduced to five
feet.
(e)
Detached garages are permitted in the rear yard and side yards
only.
(f)
Detached garage(s) shall not exceed a height of 20 feet.
C.
Use restrictions in residential districts. Accessory uses or structures
in residential districts shall not involve the conduct of any business,
trade or industry, except for home occupations as defined and authorized
herein, and shall not be occupied as a dwelling unit.
D.
Use restrictions in nonresidential districts. An accessory use or
structure in a business or manufacturing district may be established
in the rear yard or side yard and shall have setbacks as prescribed
in each zoning district.
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.
F.
Landscaping and decorative uses. Accessory structures and vegetation
used for landscaping and decorating may be placed in any required
yard area, provided it is not in a vision clearance triangle. Permitted
structures and vegetation include flagpoles, ornamental light standards,
lawn furniture, sundials, bird baths, 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 and shall be removed within 30 days of occupancy
of the project.
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, following approval by
the Village Board, 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.
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 14 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.
E.
Not more than 15% of the side and rear yard may be used for storage
of firewood at any one time.
A.
ARCHITECTURAL OR AESTHETIC FENCE
BOUNDARY FENCE
FENCE
PICKET FENCE
PROTECTIVE FENCE
Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
A fence constructed to enhance the appearance of the structure
or the landscape.
A fence placed on the property lines of adjacent properties.
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.
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.
A fence constructed to enclose a hazard to the public health,
safety and welfare.
B.
Fence permit required. No person shall erect a fence in the Village
without first obtaining a fence permit from the Building Inspector
and paying a fee as set by the Village Board. The applicant shall
provide the Building Inspector with accurate design information for
the proposed fence. Permits may only be issued for proposed fences
complying with this section.[1]
C.
Height of fences regulated.
(1)
Except as provided in § 485-43, 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, except that no fence or wall that 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 business or industrially zoned property, adjacent to a
residentially zoned property, to a height exceeding eight feet.
(3)
D.
Setback for residential fences. Fences in or adjacent to a residential
property may be constructed on lot lines. Fences may be constructed
parallel to lot lines but shall not extend into the front setback
area as extended to the side lot lines.
E.
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.
F.
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 or higher and project toward the fenced property
and away from any public area.[3]
G.
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.
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 45 days.
I.
Nonconforming fences. Any fence existing on the effective date of
this chapter and not in conformance with this section may be maintained,
but any alteration, modification or improvement of more than 50% of
said fence shall result in the entire fence being brought into compliance
with this section.
J.
Location determination. The property owner erecting a fence is solely
responsible for ensuring that the fence is located properly on his
property.
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 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 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. The minimum building 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 for 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.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed in 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. A lot shall not be considered vacant if the owner owns the contiguous
lot and said lot is occupied by a principal building.[1]
(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, but in no case shall the water line of
any pool be less than five feet from any lot line.
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, or shall have a cover or other
protective device over such swimming pool of such a design and material
that the same can be securely fastened in place and when in place
shall be capable of sustaining a person weighing 250 pounds. Such
cover or protective device shall be securely fastened in place at
all times when the swimming pool is not in actual use for swimming
or bathing purposes. Such fence or wall shall not be less than four
feet in height and so constructed as not to have voids, holes or openings
larger than four inches in one dimension. Gates or doors shall be
kept locked while the pool is not in actual use.
(2)
The pool enclosure may be omitted where portable pools are installed
above ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing or uncovered sidewalls a minimum
of 36 inches high, provided that ladder or stair access can be restricted.
H.
Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer or septic tank nor to overflow upon or cause damage to any adjoining
property. Provisions may be made for draining the contents of any
swimming pool into a storm sewer, but such installation shall be subject
to prior approval by the Building Inspector.
I.
Filter system required. All private swimming pools within the meaning
of this chapter must have, in connection therewith, some filtration
system to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof.
J.
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
