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.

Placement restrictions in residential district. An accessory use or structure in a residential district may be established subject to the following regulations:

Use restrictions in residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry as defined and authorized herein and shall not be occupied as a dwelling unit.

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.

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.

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.

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 Plan Commission, provided that:

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.

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.

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.

Agricultural structures. Agricultural structures such as barns, silos and windmills in rural development districts shall not exceed in height twice their distance from the nearest lot line.

Chickens allowed. Female chickens (hens) may be kept on properties zoned for single-family residential dwellings so long as the occupant of the property complies with the licensing and administrative requirements pursuant to § 191-16 of the Code of Ordinances.

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front year for a period of 30 days from the date of its delivery.

Firewood should be neatly stacked and may be stacked not 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.

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.

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.[1]

Not more than 15% of the side and rear yard may be used for storage of firewood at any one time.

Definitions. For the purpose of this section, the following terms shall have the meanings indicated:

No person shall construct any fence unless such person first obtains a building permit from the Building Inspector. The applicant shall provide the Building Inspector with information on fence design, location and construction material.

Height of fences regulated.

Setback for residential fences. Fences in or adjacent to a residential property shall be inside the property line.

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.

Prohibited fences. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance. 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.[1]

Fences to be repaired. All fences or walls 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.

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.

Nonconforming fences and hedges. Any fence or hedge existing on the date of adoption or amendment of this section and not in conformance with this section may be maintained. If such a fence is damaged by fire, flood, explosion, earthquake, war, riot or natural occurrence, except for normal maintenance and repair, the fence may be restored to its original size, location and the use that it had immediately before the damage or destruction occurred. It may be increased in size larger than it was before destruction if necessitated by state or federal requirements. The total lifetime structural repairs or alterations of such a fence, not including those caused by a natural occurrence described above, shall not exceed 50% of the assessed value of the fence at the time of its becoming a nonconforming fence unless it is permanently changed to conform to the requirements of this section.[2]

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 15 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 or her 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.

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.

Permit required. Before work is commenced on the construction or erection of a private or residential swimming pool with a wall height greater than 15 inches 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. A current fee shall accompany such application.

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 B unless the following construction requirements are observed:

Setbacks and other requirements.

Fence.

Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced are not required to comply with the fencing requirements of this section. However, any change requiring a building permit shall cause the pool to be brought into compliance with this section.