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. An accessory use or structure may be established
subject to the following regulations (these restrictions shall not
apply to accessory buildings in agricultural, business or industrial
districts):
(1)
Attached accessory building size limits. No attached accessory building
or structure shall exceed the height of the principal building or
structure.
(2)
Attached accessory buildings' yard requirements. All accessory buildings
which are attached to the principal building shall comply with the
yard requirements of the principal building.
(3)
Detached accessory nongarage buildings. No detached accessory building
(nongarage) shall occupy more than 30% of the required front yard
or be larger than 24 feet by 36 feet (whichever is more restrictive)
or be located within three feet of any other accessory building or
within five feet of a lot line. An accessory building shall not be
nearer than 10 feet to the principal structure unless the applicable
Building Code regulations in regard to one-hour fire-resistive construction
are complied with. In no event can the accessory uses or structures
be forward of the front line of the principal structure.
(4)
Residential attached garages. Attached garages shall comply with
the setback requirements applicable for principal structures on the
lot.
[Amended 11-10-2014]
(5)
Residential detached garages. Detached garages are permitted in the
rear yard and side yards only. They shall not be closer than 10 feet
to the principal structure. Garages in all residential districts or
on a lot where the principal use is residential shall conform to the
following floor area requirements.
[Amended 11-10-2014]
(a)
R-1 garage. The floor area for a garage(s) on a lot with a single-family
use in an R-1 Residential District shall:
[1]
For residential properties less than one acre in size, the maximum
size of the detached garage shall not exceed 1,200 square feet plus
1% of the lot size. The structure shall not be closer than five feet
to any lot line or five feet from any alley. One structure, up to
100 square feet, will be exempted from the calculation of permitted
square footage and shall not be counted in the number of structures
permitted.
[2]
If the residential property is one acre or greater but less
than five acres, the maximum size of the detached garage(s) shall
be 1,500 square feet plus 1% of the lot size. Up to two structures
shall be permitted, and these shall not be closer than five feet to
any lot line or five feet to any alley. One structure, up to 100 square
feet, will be exempted from the calculation of permitted square footage
and shall not be counted in the number of structures permitted.
(6)
Residential attached garages. Garages, when attached, shall comply
with the dimensional requirements of the zoning district in which
located. Attached garages shall comply with the setback requirements
applicable for principal structures on the lot.
(7)
Residential detached garages. Detached garages are permitted in the
rear yard and side yards only. Garages in all residential districts
or on a lot where the principal use is residential shall conform to
the following floor area requirements.
(a)
R-1 garage. The floor area for a garage(s) on a lot with a single-family
use in an R-1 Residential District shall:
[1]
For lots one acre or more, not exceed 1,200 square feet in area
for any one single garage, nor 1,600 square feet in area for combined
total;
[2]
For lots two acres or more, not exceed 1,600 square feet in
area for any one single garage, nor 2,000 square feet in area for
any combined total;
[3]
For lots three acres or more, not exceed 2,400 square feet in
area for any combined total.
(b)
R-2 District garage area. The floor area for a garage(s) in
an R-2 Residential District shall not exceed 1,200 square feet in
area — neither singularly nor combined.
(c)
R-3 Duplex District garage area. The floor area for a garage
on a lot with a duplex use and not accessory to a farm shall not exceed
900 square feet for a single garage, nor shall any combined total
exceed 1,200 square feet.
(d)
R-4 Multifamily District garage area. The floor area for a garage
on a lot with a multiple-family use shall not exceed 870 square feet
for a single garage, nor shall the combined total exceed 265 square
feet per dwelling unit, unless otherwise specified in a conditional
use approval.
(e)
Setback between two garages. Two or more garages on any one
lot having a residential use shall have a minimum of 10 feet of yard
between them.
C.
Use restrictions — residential district. Accessory uses or
structures in residential districts shall not involve the conduct
of any business, trade or industry except for home occupations defined
and authorized herein and shall not be occupied as a dwelling unit.
D.
Use restrictions — 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, nor
nearer than five 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 flag poles,
ornamental light standards, lawn furniture, sun dials, bird baths,
trees, shrubs and flowers and gardens.
G.
Temporary uses. Temporary accessory uses, such as real estate sales
field offices or shelters for materials and equipment being used in
the construction of the permanent structure, may be permitted by the
Zoning Administrator/Permit Issuer 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 Town Board, provided as follows:
(1)
That such private garage shall be located not less than five feet
from the front lot line;
(2)
That the floor level of such private garage shall not be more than
one foot above the curb level; and
(3)
That at least 1/2 the height of such private garage shall be below
the mean grade of the front yard.
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, flag poles,
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.
ARCHITECTURAL OR AESTHETIC FENCE
BOUNDARY FENCE
FENCE
PICKET FENCE
PROTECTIVE FENCE
Definitions. For the purpose of this section, the following terms
shall have the meaning indicated:
A fence constructed to enhance the appearance of the structure
or the landscape.
A fence placed near the property lines of adjacent properties.
[Amended 5-10-2011]
Any artificially constructed barrier of any materials erected
to enclose or screen areas of land or limit ingress/egress thereto.
No fence shall be constructed of unsightly or dangerous materials
which would constitute a nuisance.
A fence having a pointed post, stake, pole 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.
Residential, commercial and industrial fence permits required. No
person shall erect a fence in the Town within a residential, commercial
or industrial zoned property without first obtaining a fence permit
from the Zoning Administrator. A fee will be charged. The applicant
shall provide the Zoning Administrator with accurate design information
for the proposed fence. Permits may only be issued for proposed fences
complying with this section.
C.
Height of fences regulated.
(1)
Except as provided in § 410-51, a fence or wall may be erected, placed or maintained along a lot line on residential, commercial and industrial 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 2 1/2 feet. Where such lot line is adjacent to a nonresidential 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.
D.
Setback for residential fence.
(1)
Fences in or adjacent to a residential property shall be constructed
inside the fence owner's 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. Fences shall be located no closer than two
feet to a right-of-way.
[Amended 5-10-2011]
(2)
Front yard fences shall be of an open type (50% or less opaque) and
shall not exceed four feet in height.
(3)
In those cases where the rear yard is a shore yard, fences located
between the shore-yard setback line and half the distance to the ordinary
high-water mark shall adhere to the rear-yard standards. The remaining
shore yard shall adhere to the street-yard standards.
E.
Industrial/commercial security fences. Security fences are permitted in industrial/commercial districts 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, wrought iron or chain-link fencing, unless otherwise provided by conditional use permit (i.e., solid fence). Reference § 410-51.
F.
Prohibited fences. No residential fence shall be constructed 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/commercial 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.
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 the 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 Code 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/her
property. In a dispute, the Town Board shall serve as fence viewers
per the Wisconsin Statutes.
Boathouses may be located within a shore yard but shall be not
closer than five feet to the average annual high-water elevation of
the stream, lake, pond, wetland or other navigable water. In no case,
however, shall boathouses be located below a high-water elevation,
nor shall boathouses be used for human habitation. Furthermore, boathouses
shall not:
A.
Permit required for construction of ponds. No person shall construct, enlarge or modify any pond, borrow pit or pool of water out of doors and containing over 500 gallons of water or having a water depth of two feet or more without obtaining a permit from the Town of Vinland pursuant to the procedures set forth in Subsection B.
B.
Procedure for obtaining a permit. An application for a permit required by Subsection A shall be commenced by written application to the Town of Vinland Zoning Administrator, which shall state the name and address of the owner of the property in question and shall describe in detail the construction or other modification of the body of water in question. In addition, the application shall state in reasonable detail:
(1)
The effect of the proposed construction or modification on the drainage
of adjacent and surrounding property.
(2)
Health hazards caused by or arising out of water stagnation or insect
growth.
(3)
Public safety and liability risks.
(4)
A plan to eliminate or minimize any of the harmful effects, hazards
and risks.
C.
Fencing required. For every person who is in possession of land within
the Town of Vinland on which there is a pond, a fence is required
if the pond is located within 250 feet from another residence. Such
fence or other solid structure shall be not less than 44 inches in
height and shall completely enclose such pond area. There shall be
no openings permitted in such fences or solid structures larger than
six inches square, except for gates or doors. Any gates in such fences
shall have self-closing and self-latching devices which shall be on
the inside of the gate at least 30 inches above grade and shall be
designed and able to keep the gate closed at all times.
E.
Disclaimer of liability. The issuance of a permit under this section
is expressly not a warranty or endorsement of the design of the proposed
body of water, including its effect on surrounding property and groundwater,
its safety and health effects or otherwise.
F.
Maintenance of pond. Should any work performed under a permit issued
pursuant to this section become a public nuisance, the Town Board
may order it abated.
