Baldwin Village City Zoning Code
ARTICLE X
Accessory Uses and Structures; Fences; Swimming Pools; Portable Storage Containers
§ 635-78 Accessory uses and structures.
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 districts. 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)
Accessory building size limits. No attached accessory building or structure shall exceed the height of the principal building or structure or 24 feet, whichever is more restrictive.
(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 accessory structure shall extend closer to a street than the principal structure located on the lot. Accessory uses and structures which require a reduction in yard requirements may be located in the rear yard only. Accessory uses and structures shall not be closer than 10 feet to the principal structure; however, if the load-bearing walls of each structure have at least a one-hour fire rating, the Building Inspector may permit a building separation of only five feet. Accessory structures in business and industrial districts shall not exceed 25 feet in height and accessory structures shall not exceed 15 feet in all other districts. Accessory uses and structures placed in the rear yard of any district shall not occupy more than 20% of the rear yard area, or shall not exceed 400 square feet, whichever is more restrictive, and shall follow the setback requirements prescribed for the pertinent district.
(5)
Garages. Garages, whether attached or detached, shall comply with the dimensional requirements of the zoning district in which located. Garages shall comply with the setback requirements applicable for principal structures on the lot.
(6)
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.
C.
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 and authorized herein and shall not be occupied as a dwelling unit.
D.
Placement 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 3-13-2013]
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 side line 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 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:
(1)
Such private garage shall be located not less than five feet from the front lot line;
(2)
The floor level of such private garage shall be not more than one foot above the curb level; and
(3)
At least 1/2 the height of such private garage shall be below the mean grade of the front yard.
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.
L.
Offensive uses prohibited. No accessory use shall be dangerous, obnoxious or offensive to persons residing in the vicinity, nor shall impair the use, enjoyment or value of any property.
M.
Prohibited dwelling use. No accessory dwelling unit in any residential district shall be used or let for living purposes for compensation.
N.
Gardening. Home gardening may be an accessory use on any dwelling lot or the principal use on any vacant lot or parcel.
§ 635-78.1 Portable storage containers.
[Added 3-9-2016]
A.
Zoning districts. Portable storage containers are limited to the following zoning districts as described:
(1)
§ I-1 Industrial District: as a permitted use.
(2)
§ 635-20 C-1 Local Commercial District: as a conditional use.
(3)
§ 635-21 C-1-H Highway Commercial District: as a Conditional Use.
(4)
§ 635-22 C-2 General Commercial District: as a conditional use.
(5)
§ 635-22.1 M-1 Mixed-Use Medical District: as a conditional use.
(6)
§ 635-15 R-1-L Single-Family Residential District (Low Density): temporary placement pursuant to this section.
(7)
§ 635-16 R-1-M Single-Family Residential District (Medium Density): temporary placement pursuant to this section.
(8)
§ 635-17 R-2 Single-Family and Two-Family Residential District: temporary placement pursuant to this section.
(9)
§ 635-18 R-3 Limited Multiple-Family Residential District: temporary placement pursuant to this section.
(10)
§ 635-19 R-4 Multiple-Family Residential District: temporary placement pursuant to this section.
(11)
§ 635-25 PUD Planned Unit Development: temporary placement pursuant to this section.
B.
Permit required. A permit is required prior to placing any portable storage container outside on any property in the R-1-L, R-1-M, R-2, R-3, R-4 and PUD zoning districts. A person engaged in the leasing, maintaining or transporting of a portable storage container, and the owner of the property where one is placed, shall both sign the application for the placement of the portable storage container. A permit application shall be submitted to the Village, together with the applicable fee established by the Village Board.
(1)
A permit issued for the use of a portable storage container shall be valid only for the location for which the permit was issued.
(2)
Except for construction projects where work is ongoing and actively progressing, a permit shall be issued for not longer than 30 consecutive calendar days, unless an extension or an exemption has been granted.
C.
Definition. A portable storage container is any container, including, but not limited to, a single storage unit, cargo or shipping container, shed-like container or other portable structure, (other than a permanent accessory building, as defined in this code), that can be or is used for the storage of property of any kind and which is located for such purposes outside an enclosed building.
D.
Use conditions.
(1)
No more than one portable storage container shall be on a property at any given time.
(2)
A portable storage container shall not be larger than 10 feet wide, 20 feet long and 10 feet high.
(3)
A portable storage container shall not remain on a property in excess of 30 consecutive calendar days and shall not be placed at any one property in excess of 60 days in a twelve-month period, except as described in Subsection D(7).
(4)
A portable storage container shall not be placed closer than five feet to all property lines and five feet to the nearest wall of a building. The portable storage container shall not, at any time, be placed within 25 feet of any public right-of-way.
(5)
A portable storage container shall be placed on a hard surface such as asphalt, concrete, or compacted gravel. If no such location is available on the property, an alternate location shall be applied for and may be approved by the Village. The applicant shall describe, in writing, why the alternate location is required, where the container will be located, and explain that there will be no harm to the public health, safety and welfare.
(6)
The portable storage container shall only be delivered between the hours of 7:30 a.m. and 6:00 p.m., Monday through Saturday. No portable storage containers shall be delivered on Sundays or federal holidays on which the Village Hall is closed.
(7)
Portable storage containers for construction purposes are permitted during ongoing construction on a property for which a building permit has been issued and remains valid, and work is actively progressing. Such portable storage containers must be removed from that property within seven calendar days of a final inspection or occupancy permit being issued pursuant to the building permit.
(8)
An extension to the time limit for placement of a portable storage container may be granted, provided that such extension shall not be more than 30 days and that no more than two extensions shall be granted in any given year.
E.
Temporary exemptions. A limited exemption from the provisions of this section may be granted by the Village Administrator and Public Works Director, or their appointed designees, upon a request submitted in writing substantiating a nonself-created hardship. If approved, such exemption shall be granted for a specified period of time. Requests for an additional limited exemption shall be made in the same manner as the original request. The Village Administrator may terminate any exemption for any reasonable cause.
§ 635-79 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 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 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.
§ 635-80 Fences.
A.
Fences defined. For the purpose of this section, the following terms shall have the meanings indicated:
ARCHITECTURAL OR AESTHETIC FENCE
A fence constructed to enhance the appearance of the structure or the landscape.
BOUNDARY FENCE
A fence placed the property lines of adjacent properties.
FENCE
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.
HEDGE
A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
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.
PROTECTIVE FENCE
A fence constructed to enclose a hazard to the public health, safety and welfare.
B.
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 prescribed in the Village Fee Schedule. 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.
C.
Height of fences regulated.
(1)
Except as provided in this subsection and Subsection C(2), and except as provided in § 635-45, 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 yard shall exceed a height of three feet. Where such lot line is adjacent to a non-residentially zoned property, there shall be an eight-foot limit on the height of a fence or wall along such lot line.
[Amended 7-10-2019; 12-11-2019]
(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)
In any residence district, no fence or wall shall be erected, constructed or maintained to a height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected. (See § 635-45.)
D.
Setback for residential fences. Fences in or adjacent to a residential property may be constructed parallel but not closer than three feet to 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.
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 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.
[Amended 3-13-2013]
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. Any fence 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 more than 50% of said fence shall result in the entire fence being brought into compliance with this section.
J.
Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his/her property.
§ 635-81 Swimming pools.
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 1 1/2 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 children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 48 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Chapter 235, Building Construction, 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 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 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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 within 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 side walls 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 chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 section 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.