Chapter 18.95 ACCESSORY USES OR STRUCTURES

Chapter 18.95
ACCESSORY USES OR STRUCTURES

Sections:

18.95.010 Accessory uses or structures.

(a) 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.

(b) An accessory use or structure in a residential district may be established subject to the following regulations:

(1) 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) No detached accessory building or structure shall exceed the height of the principal building or structure.

(3) All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(4) No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 40 percent of the required rear yard, or be located within three feet of any other accessory building and 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.

(5) Accessory building setbacks shall be prescribed for each zoning district.

(c) 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.

(d) 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) 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) 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 accessory uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the zoning administrator.

(h) 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 one-half the height of such private garage shall be below the mean grade of the front yard.

(i) No person shall place or cause to be placed or use or permit the use of any shipping container, cargo container, portable storage container, rail car, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies or semi-trailers as an accessory structure, storage building, or living unit on residentially zoned land and/or land used for residential purposes. Licensed and bonded contractors may use shipping containers for temporary storage of equipment and materials during construction on residentially zoned parcels or land used for residential purposes as authorized by a village building permit. This limitation is to protect the public health and safety and the aesthetic quality of the village. [Ord. dated 2/2/21 #2 § 1; Res. 05-04. Prior code § 10-1-120].

18.95.020 Outside storage of firewood.

(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 shall 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 of ordinances.

(e) Not more than 15 percent of the side and rear yard may be used for storage of firewood at any one time. [Res. 05-04. Prior code § 10-1-121].

18.95.030 Fences and hedges.

(a) For the purpose of this section, the term “fence” is 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 that would constitute a nuisance.

(b) Classification. Fences shall be categorized into five classifications as:

(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 or small trees planted close together that 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.

(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 AMC 18.110.010 related to traffic visibility. 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) Setback for Residential Fences. Fences in or adjacent to a residential property may be constructed along lot lines. Fences may be constructed alongside lot lines but shall not extend into the street yard as extended to the side lot lines.

(e) Fences in the Form of a Triangle. Fences within a required vision triangle at a street, alley or driveway intersection must conform to AMC 18.110.010.

(f) 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. Security fences with an additional barbed wire barrier are permitted in industrially zoned areas. Such fences may be as much as 11 feet, in total height, including support devices for securing barbed wire. The barbed wire portion of the fence may not be more than three feet in height and the barbed wire shall not be less than eight feet from the finished grade.

(g) No fence shall be constructed that is in a dangerous condition or that conducts electricity or that is designed to shock with electricity. Barbed wire may be used at the top of fences in industrial and commercial zones; provided, that the barbed wire and its supports are a minimum of six feet four inches above the ground.

(h) 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 plantings 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 in this subsection, but they shall not be erected for more than 45 days.

(j) Nonconforming Fences and Hedges. Any fence or hedge existing on the effective date of this code of ordinances and not in conformance with this section may be maintained, but any alteration, modification, or improvement of such fence shall comply with this section. [Amended during 2013 recodification; Res. 05-04; Res. 09-02. Prior code § 10-1-122].

18.95.040 Swimming pools.

(a) A private or residential swimming pool is an outdoor structure containing a body of water in receptacle or other container having a depth for water at any point greater than one and one-half 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 swimming pool.

(b) Exempt Pools – Storable Swimming or Wading Pool. Those that are constructed on or above the ground and are capable of holding water to a maximum depth of 42 inches or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls regardless of dimension. Storable pools, on the other hand, are intended to be temporary structures, without the need for special wiring or modification to the pool site. They are usually sold as a complete package, consisting of the pool walls, vinyl liner, plumbing kit, and pump/filter device. A storable pool is often disassembled and stored during the winter months. Regional preferences, weather patterns, economic considerations, and design characteristics of the pool are all factors influencing this action.

This equipment has the following notable aspects:

(1) It must have an approved system of double insulation or the equivalent.

(2) It is permitted to have flexible cord equipped with a parallel-blade, grounding-type attachment plug for electrical connection.

(3) It must have a grounding conductor included in the flexible cord.

(4) The flexible cord is not limited to three feet, as required and specified by UL to be not less than 25 feet long. This length was chosen to discourage the use of extension cords.

(5) The UL labeling requirement for these listed units includes the wording “Do Not Use with Permanently Installed Pools.”

(1) Application for a private swimming pool permit shall be on a form provided by the building inspector and accompanied by plans drawn to scale showing the following:

a. Full dimensions and volume of water in gallons or liters;

b. Location and type of wastewater disposal system;

c. Plot plan showing location of pool on lot and distance from lot lines and distance from buildings or structures; and

d. Fencing and landscape plan.

(2) A fee, which is indicated on the fee schedule, shall accompany such application.

(d) The building inspector shall issue a permit for a private swimming pool not conducted for profit or gain if the inspector determines that the health, safety and welfare of the neighborhood will be secure; that such use will not be detrimental to the general character of the neighborhood or to the orderly development of the village and will not create a nuisance, a hazard, an eyesore or otherwise result in a substantial adverse effect on neighboring properties or be in any other way detrimental to the public health, safety or welfare; and that the proposed construction and use will otherwise meet the requirements of this section.

(e) Fencing.

(1) In-Ground Pools. All outdoor, in-ground swimming pools shall be completely enclosed with a fence or other solid structure of sufficient strength to prevent unguarded entry not less than four feet nor more than six feet in height completely enclosing the pool. Such a fence or structure shall not be closer than three feet from the pool, except where the wall of a house is incorporated as a portion of such fence or enclosure. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when the pool is not in actual use. All gates or doors shall be equipped with a self-closing and self-latching device.

(2) Aboveground Pools. Aboveground pools with a surrounding deck at the top of pool level or self-provided fencing that can be secured against entry may satisfy the enclosure and safety requirements of subsection (e)(1) of this section. Stationary ladders, stairs, ramps or similar permanent access from grade to aboveground pools are required by subsection (e)(1) of this section.

(3) Existing Pools. Enclosures on existing pools shall be inspected by the building inspector for compliance with this subsection.

(4) Variations. Variations in enclosure requirements may be approved by the zoning board of appeals, provided such variations do not adversely affect the safety of the public.

(f) Location.

(1) Location Requirements. Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by the principal building. No swimming pools 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 the lot line.

(2) Setbacks. No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the zoning code of an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

(g) Maintenance.

(1) Filtration System. All swimming pools shall have a filtration system capable of keeping the water in the pool in a sanitary condition.

(2) Chlorination. Gaseous chlorination systems shall not be used as a disinfection method for pool waters.

(3) General. A swimming pool shall be maintained in a safe and sanitary manner. The building inspector shall periodically inspect all swimming pools to determine whether or not the applicable provisions of this section are being complied with.

(4) Discharge into Village Sewers Prohibited. The water in a swimming pool shall not be discharged into the village sanitary sewage system.

(5) Electrical Requirements. All electrical installations in conjunction with a swimming pool shall be in conformance with state law and village ordinances regulating electrical installations. If overhead floor or other artificial lights are to be used to illumine the pool at night, such lights shall be shielded to direct light only on the pool.

(6) Compliance. All swimming pools existing at the time of passage of this code of ordinances, not satisfactorily fenced, shall comply with the fencing requirements of this section, or when water is placed in the pool. [Ord. dated 3/6/12 § 103; Res. 05-04. Prior code § 10-1-123].