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 residential district. An accessory use
or structure in a residential district may be established, subject
to the following regulations:
(1)
Accessory building number limits. In any residential district, in
addition to the principal building, a detached garage or attached
garage and one additional accessory building may be placed on a lot.
(2)
Attached accessory building limits. No attached accessory building
or structure shall exceed the height of the principal building or
structure. All accessory buildings which are attached to the principal
building shall comply with the yard requirements of the principal
building.
(3)
Detached accessory buildings. No detached accessory building (non-garages)
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 rear or side 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.
[Amended 8-2-2010; 5-5-2014 by Ord. No.
406
(4)
Attached garages. Attached garages shall comply with the dimensional
requirements of the zoning district in which located. Attached garages
shall comply with the setback requirements applicable to principal
structures on the lot.
[Amended 9-21-2016 by Ord. No. 415]
(5)
Detached garages. Detached garages are permitted in the rear yard
and side yards only. They shall not exceed the area requirements found
in the standards for each zoning district, and the roof pitch shall
not exceed the steepest pitch of the principal structure. The total
lot coverage shall not exceed the total allowed as set forth in the
zoning district where the garage will be located. Total lot coverage
shall include all buildings located on the lot. No detached garage
shall occupy any portion of the required front yard or be located
within three feet of any other accessory building. No detached garage
shall be located within five feet of the rear or side lot line. No
roof edge shall be located within two feet of the lot line. A detached
garage shall not be nearer than 10 feet to the principal structure
or any other accessory building or garage on another property unless
the applicable building code regulations in regard to one-hour fire-resistive
construction are complied with. In no event can the detached garage
be forward of the front line of the principal structure.
[Amended 9-21-2016 by Ord. No. 415]
C.
Use restrictions in 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 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 industrial district may be established
in the rear yard or side yard and shall have setbacks as prescribed
in each zoning district.
[Amended 5-5-2014 by Ord.
No. 406]
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, 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
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 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 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 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 definitions
shall apply:
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, vinyl, 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.
Applicability. The requirements of this section apply to all fencing,
landscape walls, and decorative posts equal to, or exceeding, 30 inches
in height, for all land uses and activities.
C.
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]
D.
Height of fences regulated.
(1)
Except as provided in § 375-42, 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)
E.
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. Fences shall not be closer
than three feet to any public right-of-way or abutting property owner's
buildings.[3]
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.[4]
H.
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.
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 90 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 more
than 50% of said fence shall result in the entire fence being brought
into compliance with this section.
K.
Location determination. The property owner erecting a fence is solely
responsible for ensuring that the fence is located properly on his
property.
A.
PRIVATE OR RESIDENTIAL SWIMMING POOL
Definitions. For the purpose of this section, the following definitions
shall apply:
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 or 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,
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 this chapter for
an accessory building, but in no case shall the waterline 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.
G.
Compliance. All swimming pools existing at the time of passage of
this Code not satisfactorily fenced shall comply with the fencing
requirements of this section when water is placed in the pool.
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.
A.
Application. This section shall apply to all solid-fuel-heating units
installed in the Village of Randolph. No person shall install or operate
a solid-fuel-heating unit which fails to comply with the requirements
of this section.
B.
OUTDOOR RECREATIONAL HEATING DEVICE
OUTDOOR SOLID-FUEL-HEATING DEVICE
PERSON
PUBLIC NUISANCE
SOLID-FUEL-HEATING UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All solid-fuel-burning devices, including but not limited
to wood or coal, which:
All solid-fuel-burning devices, including but not limited
to wood or coal, which are:
An individual, partnership, corporation, company or other
association.
Any act or failure to perform a duty required by this section and/or which is defined as a public nuisance under Chapter 248, Nuisances, of the Code of the Village of Randolph.
All solid-fuel-burning devices or appliances described in
§ SPS 323.045, Wis. Adm. Code, as amended from time to time,
excluding, however, outdoor solid-fuel-heating devices.
C.
Prohibition. No outdoor solid-fuel-heating device shall be operated
within the Village of Randolph. Any such devices existing as of the
date of enactment of this section shall be deemed a legal nonconforming
use.
D.
Installation of solid-fuel-heating units. All solid-fuel-heating
units shall be installed in accordance with the requirements of § SPS
323.045, Wis. Adm. Code, as amended from time to time.
E.
Permit for outdoor recreational heating device. No person shall install,
or cause to be installed, or operate an outdoor recreational heating
device without first obtaining a permit from the Village Administrator
or Building Inspector. Any such outdoor recreational heating device
existing prior to February 1, 2004, on registration of complaint to
the Building Inspector or Police Department, shall be removed within
90 days of notification of noncompliance from the Village Building
Inspector or Police Department, unless the owner/operator thereof
obtains a permit therefor.
F.
Permit fee. A fee as stated in the schedule of fees shall be paid
by the applicant for each outdoor recreational heating device installed.
G.
Standards adopted. All solid-fuel-heating units and all outdoor recreational
heating devices shall meet all applicable standards of the Environmental
Protection Agency of the United States and the Department of Safety
and Professional Services, including any amendments thereto adopted
after the effective date of this section.
H.
Inspection. No person shall operate or permit the operation of a
solid-fuel-heating unit without first calling for an inspection and
receiving final approval from the Building Inspector.
I.
Construction standards. All solid-fuel-heating units shall comply
with all applicable requirements of Ch. SPS 323, Wis. Adm. Code, the
Uniform Dwelling Code.
J.
Setback and yard requirements. All outdoor recreational heating devices
are deemed accessory structures for purposes of zoning requirements.
In all residential zoning districts, outdoor recreational heating
devices shall not occupy more than 10% of the rear yard, shall not
exceed 15 feet in height (excluding chimney), and shall not be nearer
than eight feet to any lot line. No outdoor recreational heating device
shall be located in the front yard.
K.
Penalty. Any person who constructs, operates, or fails to remove or modify any solid-fuel-heating unit, outdoor recreational heating device or an outdoor solid-fuel-heating device that does not comply with the requirements of this section shall be subject to a penalty as provided in § 375-91 of this chapter for each day the noncomplying unit remains on the premises.[1]
