A.
Building permit required. No owner shall, within the
Village of Orfordville, build, construct, use or place any type of
an accessory building, including prefabricated accessory buildings,
until a building permit shall have first been obtained from the Zoning
Administrator. Application for an accessory building permit shall
be made in writing to the Zoning Administrator. With such application,
there shall be submitted a fee pursuant to the Village Building Code[1] 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
buildings. If such application meets all requirements of this section,
the application shall be approved.
B.
Principal structure to be present. An accessory building
or structure in any zoning district shall not be established prior
to the principal building or structure being present or under construction.
Any accessory building or structure shall conform to the applicable
regulations of the district in which it is located, except as specifically
otherwise provided.
C.
Placement restrictions. An accessory building, use
or structure may be established subject to the following regulations:
(1)
Percentage of required rear yard occupied. The combined
square footage of an accessory building and detached garage cannot
exceed 30% of the rear yard or 936 square feet overall.
[Amended 7-25-2016]
(2)
Height of accessory buildings in required rear yards.
No detached accessory building located in a required rear yard shall
exceed 15 feet in height.
(3)
Temporary storage buildings. Temporary buildings for
storage of building materials and equipment and for construction purposes
are allowed when on the same or adjoining lot as the principal use
for a period not to exceed the duration of such construction.
(4)
Temporary offices. Temporary real estate offices for
purposes of conducting sale of property in the tract are allowed where
such temporary office is located for a period not to exceed two years
from the date of start of construction or one year after the initial
occupancy of an improvement, whichever is lesser.
D.
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 herein, and shall not be occupied as a dwelling unit. Accessory
buildings shall not be used for residential purposes.
G.
Landscaping uses. Accessory vegetation used for landscaping
and decorating may be placed in any required yard area. Permitted
vegetation includes trees, shrubs and flowers and gardens. Under no
circumstances may a tent be used as a dwelling or an accessory structure.
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, 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,
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.
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.
L.
Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 277, Streets and Sidewalks, § 277-8, and Chapter 293, Trees and Shrubs, § 293-2, of this Code, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.
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.
[Amended 10-27-2003]
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.
E.
Not more than 30% of the side and rear yard may be
used for storage of firewood at any one time.
No manure, rubbish, inoperable vehicles, salvage
material or miscellaneous refuse may be stored within any residential
district when the same may be construed as a menace to the public
health or safety or may be held to have a depressing influence upon
property values in the area. Junk shall be placed in properly zoned
junkyards only.
A.
Definition. For the purpose of this section, "fence"
is herein defined as an enclosed barrier consisting of vegetation,
wood, stone or metal intended to prevent ingress or egress. For the
purpose of this section, the term "fence" shall include plantings,
such as hedges and shrubbery. No fence shall be constructed of unsightly
or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into
five 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.
(4)
Hedge. A row of bushes of small trees planted close
together which may form a barrier, enclosure or boundary.
(5)
Picket fence. 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.
C.
Height and location of fences regulated.
(1)
Residential fences less than six feet in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of § 320-39. Residential fences equal to or greater than six feet shall require a conditional use permit. All fences must be constructed and maintained in a good state of repair and appearance.
(2)
No fence, wall, hedge or shrubbery shall be erected,
placed, maintained or grown along a lot line on any nonresidentially
zoned property adjacent to a residentially zoned property to a height
exceeding eight feet.
D.
Permit required. No person shall construct or erect
any fence within the Village of Orfordville without first obtaining
a building permit.
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 in a 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.[1]
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 and hedges. Any fence or hedge
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 said fence shall comply with this section.
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
three 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 pool.
[Amended 6-25-2003]
B.
Exempt pool. A storable, inflatable, portable children's
swimming or wading pool with a maximum wall height of three feet and
which is so constructed that it may be readily disassembled for storage
and reassembled to its original integrity is exempt from the provisions
of this section.
[Amended 6-25-2003]
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 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. 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 Zoning Administrator, the 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 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
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
this chapter for an accessory building, and 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 be
not 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 a minimum of 36 inches
high on the top.
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 or 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 or 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.
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.
