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 R-1 and R-2 Residential Districts. An accessory
use or structure in the R-1 and R-2 Residential Districts may be established,
subject to the following regulations:
(1)
Accessory building number limits. In addition to the principal building,
a detached garage or attached garage and one additional accessory
building may be placed on a lot.
(2)
Accessory building size limits. No attached accessory building or
structure shall exceed the height of the principal building or 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.
(4)
Detached accessory buildings. No detached accessory building (nongarages)
shall occupy any portion of the required front yard, and no detached
accessory building shall occupy more than 30% of the required rear
yard, or be located within three feet of any other accessory building
or lot line. An accessory building shall not be nearer than 10 feet
to the principal structure unless the applicable Building Code[1] 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.
(5)
Accessory building yard requirements. Accessory building yard setback
requirements shall be as prescribed for each zoning district.
(6)
Detached garages. Detached garages are permitted in the rear yard
and side yard only, shall not exceed 36 feet in width, shall not exceed
26 feet in length, shall not exceed 18 feet in height, and shall not
be closer than three feet to any lot line. A detached garage shall
not be closer than 10 feet to the principal structure unless the applicable
Building Code regulations in regard to fire-resistive construction
are complied with. Detached garages shall not exceed any area requirements
or total lot coverage requirements that may be described in the standards
for each district.
C.
Use restrictions for all residential districts. Accessory uses or
structures in all 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 for nonresidential districts. An accessory use or
structure in an agricultural, business, or industrial 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 sideline 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
Village Board 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 recommendation
by the Plan Commission and 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 or corner side yard
of any property subject to the zoning provisions under this chapter.
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. "Fence," as used in this section, shall
not include hedges and other vegetation.
C.
All brush, debris and refuse from processing or using 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.
E.
Not more than a total of 10% of the side yard 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
Fences defined. 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 vegetation, 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.
Height of fences regulated.
(1)
Except as provided in § 510-43, 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.
C.
Setback for fences. Fences may be constructed alongside lot lines
with a three-foot setback from the adjacent property owner. Fences
may be constructed parallel to lot lines but shall not extend into
the front setback area as extended to the side lot lines.
D.
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.
E.
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 height and project toward the fenced property
and away from any public area, and that a barbed-wire fence or an
electric fence is permitted within an Agricultural District or on
an Agricultural District boundary line.
F.
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.
G.
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.
H.
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 said fence shall
comply with this section.
I.
Permit required. Before work is commenced on the construction or
erection of a fence or any alterations, additions, remodeling or other
improvements, an application for a fence building permit to construct,
erect, alter, remodel or add must be submitted in writing to the Building
Inspector and Village Clerk-Treasurer. Plans and specifications and
pertinent explanatory data should be submitted to the Building Inspector
and Village Clerk-Treasurer 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 nonrefundable fee as established
by resolution of the Village Board shall accompany such application.
J.
Location determination. The property owner constructing a fence is
solely responsible for ensuring that the fence is located on his/her
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 of water at any point greater than 24 inches 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 24
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 a private or residential swimming pool 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 and
Zoning Administrator. Plans and specifications and pertinent explanatory
data should be submitted to the Building Inspector and Zoning Administrator
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 nonrefundable fee as established by resolution of the
Village Board shall accompany such application.
D.
Construction requirements. In addition to such other requirements
as may be reasonably imposed by the Building Inspector and Zoning
Administrator, the Building Inspector and Zoning Administrator 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 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.
(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 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)
Except as hereinafter provided, no swimming pool shall be located
so that any portion of the pool shall be within 10 feet of the principal
structure, shall not be closer than three feet to any lot line, nor
15 feet to any alley line, nor shall it occupy more than 30% of the
rear yard area or be within 10 feet of any overhead electrical service
or power transmission line.
F.
Fence.
(1)
Except as hereinafter provided, every outdoor swimming pool shall
be completely enclosed by a fence or wall not less than four feet
nor more than six feet in height, which shall be so constructed as
not to have any openings, holes, or gaps larger than three inches
in any dimension, except for doors and gates, or shall have a permanent
cover or enclosure which limits or restricts access. A dwelling house
or accessory building may be used as part of such enclosure. All gates
or doors opening through such enclosure shall be equipped with self-closing
and self-latching devices for keeping the gate or door securely closed,
and they shall be kept securely closed at all times when not in actual
use.
(2)
The pool enclosure requirements at Subsection F(1) above 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 four feet high, provided that
ladder or stair access can be removed or restricted. The area surrounding
said pools shall be kept free of any chairs, tables or other equipment
which provides access to the pool by unsupervised children.[1]
(3)
These requirements shall be applicable to all swimming pools, other
than indoor pools, and shall apply to all existing pools which have
a minimum depth exceeding 24 inches of water. No person in possession
of land within the Village, either as owner, purchaser, lessee, tenant,
or licensee, upon which is situated a swimming pool having a minimum
depth exceeding 24 inches shall fail to provide and maintain such
fence or wall, except in such cases as are specifically exempted above.
(4)
The Building Inspector may permit other protective devices or structures
to be used so long as the degree of protection afforded by the substitute
devices or structures is not less than the protection afforded by
the wall, fence, gate and latch described herein. Before the erection
of any fence as required by this section, approval of the materials
to be used must be obtained from the Building Inspector.
G.
Interference with enjoyment of property rights prohibited. No swimming
pool shall be so located, designed, operated or maintained as to interfere
unduly with the enjoyment of their property rights by owners of property
adjoining the swimming pool, nor shall water from the swimming pool
be permitted to flow or come upon the property of others, nor drain
into the Village sanitary sewer system.
H.
Unnecessary noise. It shall be unlawful for any person to make, continue
or cause to be made or continued at any swimming pool any loud, unnecessary
or unusual noise, or any noise or sound which annoys, disturbs, injures
or endangers the comfort, health, peace or safety of others.
A.
Definition. A "private or residential temporary swimming pool" is
an outdoor structure containing a body of water in a receptacle or
other container having a depth of water at any point less than four
feet located above the 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. Storable children's swimming or wading pools with
a maximum wall height of 24 inches are exempt from the requirements
of this chapter, except for setback requirements at Subsection D below
and drainage requirements at Subsection F below.
B.
Permit required. Before work is commenced on the construction or
erection of private or residential temporary 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 Zoning Administrator. Plans
and specifications and pertinent explanatory data should be submitted
to the Zoning Administrator 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.
C.
Installation requirements. In addition to such other requirements
as may be reasonably imposed by the Zoning Administrator's office,
the Zoning Administrator shall not issue a permit for installation
as provided for in Subsection B, unless the following installation
requirements are observed:[1]
(1)
All materials and methods for 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 temporary
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, onto lands of other property owners adjacent to that
on which the pool is located or in the general vicinity.
(3)
All electrical installation, 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. Temporary
swimming pools shall be powered by an approved GFCI outlet.
D.
Setbacks and other requirements.
(1)
Private temporary swimming pools shall be installed 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)
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 waterline of any
pool be less than five feet from any lot line.
E.
Fence. Temporary swimming pools, as defined in this section, shall
be exempt from the fencing requirements of a permanent swimming pool.
However, for safety reasons, a temporary swimming pool that is not
enclosed by a fence shall have all means of entrance, including but
not limited to ladders and steps, removed from said swimming pool
when pool is not in use.
F.
Draining and approval thereof. No private swimming pool shall be
located/installed 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 Director of Public Works.
G.
Filter system required. All private temporary 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. Filter systems
shall be running at all times except when pool is in use.
H.
Dirt bottoms prohibited. All swimming pools of a temporary nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
I.
Fees. All permit and administrative fees assessed under this section
shall be established from time to time by resolution of the Village
Board. A schedule of fees is available in the office of the Village
Clerk-Treasurer.
J.
Season. Temporary swimming pools shall not be installed before May
1. Temporary swimming pools shall be drained and removed from the
property by October 31.
