[Amended 11-1-2006]
A.
Building permit required for accessory buildings. No owner shall,
within the Village of Argyle, build, construct, use or place any type
of accessory building 200 square feet or larger in area, including
prefabricated accessory buildings, until a permit shall have first
been obtained from the Building Inspector. Application for any accessory
building shall be made in writing to the Building Inspector. With
such application, there shall be submitted the required fee and a
complete set of plans and specifications, including a plot plan or
drawing accurately showing the location of the proposed accessory
building with respect to adjoining alleys, lot lines and building.
If such application meets all requirements of this section, the application
shall be approved.
B.
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.
C.
Number of permitted garages and accessory buildings on residential
lots.
(2)
Limitation on number of garages and accessory buildings. One detached accessory building per dwelling unit shall be permitted, provided the combined area of an attached garage and detached accessory building does not exceed the maximum size limits set forth in Subsection D and the following number limits:
(a)
Residentially zoned parcels with a single garage attached to
the dwelling are permitted to have an additional one- or two-car detached
garage on the parcel. If a detached garage is erected, no other detached
accessory buildings may be constructed or maintained on the parcel.
(b)
Residentially zoned parcels with more than a one-stall garage
attached to the dwelling are permitted to have an additional one-stall
detached garage on the parcel. If a detached garage is erected, no
other detached accessory buildings may be constructed or maintained
on the parcel.
(c)
Garages attached to dwellings shall be three stalls or less.
Dwellings with an attached three-stall garage are not permitted to
have an additional detached garage on the parcel.
D.
Size limits for attached residential garages. For residences with
attached garages, one attached garage per dwelling unit shall be permitted,
and the dimensions of said attached garage shall be as follows:
(1)
The maximum square feet of attached garage floor area shall be limited
to the smaller of either 1,000 square feet or the first-floor dwelling
unit area in the case of a single-family residence.
(2)
The maximum square feet of attached garage floor area shall be limited
to the smaller of either 600 square feet or the first-floor dwelling
unit area in the case of a duplex, two-family dwelling, or multifamily
dwelling.
E.
Size limits for detached residential garages. For residences with
detached garages, one detached garage per lot shall be permitted,
and the dimensions of said detached garage shall be as follows:
F.
Height and setback requirements for attached accessory buildings/garages.
(1)
Accessory buildings/garages which are attached to the principal building
shall comply with the setback requirements for the principal building.
(2)
When accessory buildings are attached to the principal building by
a breezeway, passageway or similar means, they become part of the
principal building and shall comply in all respects with the yard
requirements and local building code requirements for the principal
building.
G.
Height and setback requirements for detached residential accessory
buildings/garages.
(1)
Garages and other detached accessory buildings shall be less than
15 feet in height. Detached garages' and accessory buildings' roof
pitch shall not exceed the steepest pitch of the principal structure.
(2)
Provided that the accessory building number limits of Subsection C(2) are complied with, no detached accessory building(s) shall occupy more than 35% of the required rear yard or exceed 900 square feet in size, whichever is more restrictive.
(3)
No detached accessory building shall be located within five feet
of any other accessory building.
(4)
Detached accessory buildings shall have a ten-foot setback from side
lot lines and a ten-foot setback from rear lot lines. However, where
a rear lot abuts an alley, accessory buildings not attached to the
principal building shall be located so as to be not closer than 10
feet to the rear lot line; except that, when the accessory building
is a garage that has its entrance facing the alley, the rear yard
setback shall be 20 feet for the garage.
(5)
The dimensions of any swimming pool, detached garage, tennis court
and other detached accessory buildings/structures shall be included
in the determination of available lot area coverage for accessory
structures.
(6)
An accessory building shall not be nearer than six feet to the principal
structure unless the applicable building code regulations in regard
to one-hour fire-resistive construction are complied with.
(7)
In no event can a detached accessory structure be forward of the
front line of the principal structure.
H.
Use restrictions for residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as permitted by § 715-40 and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential purposes. Under no circumstances may a tent or recreational vehicle be used as a dwelling or an accessory structure.
I.
Placement restrictions for nonresidential districts. An accessory
use or structure in a commercial or industrial district may be established
in the rear yard or side yard and shall not be nearer than 10 feet
to any side or rear lot line or be greater than 10 feet in height.
Detached accessory buildings and structures in commercial and industrial
districts shall not occupy more than 50% of the rear and side lot
areas.
J.
Corner lots. When an accessory structure is located on the rear of
a 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.
K.
Landscaping 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.
L.
Temporary accessory 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.
M.
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 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 be not 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.
N.
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 and shall not
register more than 1/2 footcandle at the property line.
O.
Lawn accessories. Walks, drives, paved terraces and purely decorative
garden accessories such as pools, fountains, statuary, sundials, flagpoles,
etc., shall be permitted in setback areas but not closer than three
feet to an abutting property line other than a street line.
P.
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. (See § 715-86.)
Q.
R.
Offensive uses prohibited. No accessory use shall be dangerous, obnoxious
or offensive to persons residing in the vicinity, nor shall it impair
the use, enjoyment or value of any property.
S.
Prohibited dwelling use. No accessory dwelling unit in any residential
district shall be used or let for living purposes, whether for compensation
or not.
T.
Gardening. Home gardening is a permitted accessory use on any dwelling
lot or the principal use on any vacant lot or parcel.
U.
Dog houses/runs. Dog houses and/or runs shall comply with the setback
requirements for accessory structures in that district.
V.
Agricultural structures. Agricultural structures in properly zoned
districts, such as barns, silos and windmills, shall not exceed in
height twice their distance from the nearest lot 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 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may not be stacked 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. "Fences," 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.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
A.
Fences defined. For the purpose of this section, a "fence" is herein
defined as 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 the following
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.
C.
Height and placement of fences regulated.
(1)
Residential fences six feet or less in height are permitted on rear
and side lot lines. Residential fences less than or equal to three
feet in height are permitted in the street yard setback area but shall
not be closer than two feet to any public right-of-way. All fences
must be constructed and maintained in a good state of repair and appearance.
(2)
Sight triangle.
(a)
In order to provide adequate vision clearance on corner lots,
no fence shall be erected or maintained within the triangular space
formed by two intersecting street, alley, or driveway (public or private)
property lines and a line joining points on such property lines (or
projections thereof) located less than:
(b)
Street or alley property lines are measured from the right-of-way
or easement lines establishing such street or alley. Driveway lines
are measured from the easement establishing such driveway or, in the
case of no easement, from the edge of the driveway surface.
(3)
In any residential district or on any lot or premises the principal
use of which is for residential purposes, no lengthwise fence or other
lengthwise barrier or obstruction shall be erected, placed, installed
or reinstalled in any area where there is a distance between main
residential buildings of 10 feet or less.
(4)
No fence or wall shall be erected, placed or maintained along a lot
line on any nonresidentially zoned property adjacent to a residentially
zoned property to a height exceeding eight feet.
D.
Setback for residential fences. Fences in or adjacent to a residential
property (or property primarily residential in use) 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.
E.
Security fences. Security fences are permitted on the property lines
in all districts except residential districts, but shall not exceed
eight feet in height and shall be of an open type similar to woven
wire or wrought iron fencing.
F.
Prohibited fences.
(1)
No fence shall be constructed which is of a dangerous condition 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 eight feet above the ground or height and project
toward the fenced property and away from any public area.
(2)
Although fences which conduct electricity or are designed to electrically
shock are generally prohibited, such fences using smooth wire are
allowed for the limited purpose of deer control.
(3)
No woven, twisted, welded or interlaced wire fence, such as fences
using chicken wire, shall be located in a nonindustrial district,
unless such fencing is ornamental in character. Fences utilizing a
chain link design are permissible in all districts.
G.
Fences to be repaired.
(1)
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.
(2)
Any existing fences which do not conform to the requirements of this
section and which are damaged or in need of repair to the extent that
exceeds 50% of the then value of the fence, said entire fence shall
either be completely dismantled or reconstructed in compliance with
the provisions of this section.
(3)
All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. If a fence needs repair and maintenance, said fence shall be painted or stained in only neutral colors. Failure to maintain a fence in good condition and repair will result in the Village issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and with a penalty set forth in § 1-2 of this Code.
H.
Temporary fences.
(1)
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.
(2)
This section is not intended to regulate seasonal or temporary fences
such as garden or snow fences, except that such fences shall be removed
when the condition or season for the said fence when it was erected
no longer exists. There shall be no fee for any such seasonal or temporary
fence.
I.
Visibility; open spacing requirement for commercial/industrial fences.
(1)
In any nonresidential area, fences shall be of such type and construction that shall allow people outside the fence to see through it without hindrance. However, if a residence exists in a nonresidential zone, a fence may be constructed pursuant to the requirements of Subsection I(2) below. In an industrial area where barbed wire is used, the lowest strand shall be a minimum of seven feet above the grade.
(2)
All fences hereafter erected or constructed shall provide openings
for a passage of air equivalent to 25% of the surface area of the
fence and shall have the structural components thereof facing the
side of the property for and on which the same are erected. In residential
areas where privacy is desired, privacy fences with less than such
twenty-five-percent open spacing may be erected, provided such fence
may not extend farther than 25% from the main rear line of such residence.
A fence situated in a residential area shall be constructed only of
wood or chain-link-type fencing. Fences shall not be constructed of
luminous materials or smooth or corrugated metal materials. All fences,
including privacy fences, if said fence is to be stained or painted
by the property owner or on his/her behalf, shall be stained or painted
in only neutral colors.
J.
Special purpose fences. Fences for confining dogs, etc., shall not exceed seven feet in height, and shall be no larger than necessary for such purpose and shall conform to the building setbacks of this chapter. Swimming pool and hot tub fences shall comply with the requirements of § 715-85.
K.
Height determination. The height of any fence erected under this
section shall be determined by the measurement from the uppermost
point of the fence to the existing ground level of the property.
L.
Nonconforming fences. Any fence existing on the effective date of
this chapter and not in conformance with this section may be maintained,
but alterations, modifications or improvements of more than 50% of
said fence shall require the owner to bring the fence into compliance
with this section.
M.
Fence permit required. No person shall erect a fence in the Village
without first obtaining a fence permit from the Village and paying
the required permit fee. 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.
N.
Location determination. The property owner erecting a fence is solely
responsible for ensuring that the fence is located properly on his/her
property.
A.
PRIVATE OR RESIDENTIAL SWIMMING POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
two feet located above or below the surface of ground elevation, having
an area greater than 150 square feet, used or intended to be used
solely by the owner, operator or lessee thereof and his/her 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 24 inches
and which are so constructed that it may be readily disassembled for
storage and reassembled to its original integrity are exempt from
the provisions of this section.
C.
Permit; construction requirements. In addition to such other requirements
as may be reasonably imposed by the Zoning Administrator, the Zoning
Administrator shall not issue a permit for construction or installation
of a swimming pool or hot tub unless the following construction requirements
are observed and the fee as prescribed from time to time by resolution
of the Village Board is paid:[1]
(1)
All materials and methods of construction in the construction, alteration,
addition, remodeling or other improvements for pool or hot tub installation
shall be in accord with all state regulations 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 or hot tub shall be provided with a suitable draining method
and in no case shall waters from any pool or hot tub be drained into
the sanitary sewer system, 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 or hot tub, shall be in conformance
with the state laws and Village ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools or hot tubs shall be erected or constructed
on rear or side lots only and only on a lot occupied by a principal
building. No swimming pool or hot tub 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)
No swimming pool or hot tub shall be located, constructed or maintained
closer to any side or rear lot line than is permitted in this chapter
for an accessory building, and in no case shall the waterline of any
pool or hot tub be less than six feet from any lot line.
(3)
Swimming pools and hot tubs shall not be constructed in the front
yard or in a required corner side yard.
(4)
Swimming pools, either open or enclosed, shall be considered the
same as accessory buildings for purposes of calculating the maximum
area they may occupy in a required rear yard.
E.
Enclosure.
(1)
Fence; in-ground pools. All outdoor, below-grade swimming pools shall
have a fence or other solid structure not less than four feet in height
completely enclosing the pool with no opening therein (other than
doors or gates) larger than three inches square. All gates or doors
opening through the enclosure shall be kept securely closed and locked
at all times when not in actual use and shall be equipped with a self-closing
and self-latching device designed to keep and be capable of keeping
such door or gate securely locked at all times when not in actual
use.
(2)
Aboveground pools; pool wall barrier.
(a)
An approved barrier shall consist of a solid wall of durable
material of which the pool itself is constructed and shall extend
directly above the vertical water-enclosing wall of the pool. Such
walls shall extend more than three feet above the level of the ground
immediately adjacent to the pool. Such a solid pool wall barrier shall
not be located within six feet of any other wall or fence or other
structure which can be readily climbed by children. Every entrance
to a pool, such as a ladder, must be secured or adequately safeguarded
to prevent unauthorized entry into the pool.
(b)
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 a minimum of 36 inches high on the
top.
(3)
Miscellaneous requirements.
(a)
Swimming pools and hot tubs surrounded in whole or in part by
a deck which has steps leading to the swimming pool or hot tub shall
be equipped with a gate a minimum of four feet in height and capable
of being latched and locked with a combination lock or by a lock worked
by a key to secure access to the swimming pool or hot tub when not
in use.
(b)
Service gates and gates which are part of a fence or wall enclosing
a swimming pool or hot tub which are located across a driveway shall
be kept closed and latched at all times by the property owner or occupier
when not in use for ingress or egress. When such areas are not in
use, such gates shall be locked with a combination lock or by a lock
worked by a key.
(c)
Hot tubs equipped with a fitted cover and capable of supporting
a minimum of 200 pounds shall be exempt from required fencing.
F.
Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer 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 Plumbing Inspector.
G.
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.
H.
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.
A.
Purpose. The purpose of this section is to protect public and private
property from the effects of poorly designed and constructed retaining
walls.
B.
Permit required. A permit shall be required for all retaining walls
constructed that exceed 24 inches in height, including terraced retaining
wall projects where the total height of all walls exceeds 24 inches,
and are closer than 15 feet to a property line.
C.
Application. Application shall be made to the Zoning Administrator
on forms provided and shall include a site plan and a set of construction
plans. Plans sealed by a professional engineer registered in the state
and/or other information necessary to adequately review the proposed
retaining wall may also be required by the Zoning Administrator.
D.
Performance standards. A retaining wall shall be designed to resist
the lateral pressure of the retained material in accordance with accepted
engineering practice. Walls retaining drained earth may be designed
for pressure equivalent to that exerted by an equivalent fluid weighing
not less than 30 pounds per cubic foot and having a depth equal to
that of the retained earth. Any surcharge shall be in addition to
the equivalent fluid pressure.
