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—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.

Accessory Building Size Limits. No attached accessory building or structure shall exceed the height of the principal building or structure.

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 detached accessory building (non-garages) shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than thirty (30) percent of the required rear yard, or be located within three feet of any other accessory building or lot line. An accessory building shall not be nearer than ten (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 Yard Requirements. Accessory building yard requirements shall be as prescribed for each zoning district.

6.

Detached Garages. Detached garages are permitted in the rear yard and side yards only. They shall not exceed eight hundred (800) square feet in total area and the roof pitch shall not exceed the steepest pitch of the principal structure. The total height and 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. Detached garages shall not be any closer than three feet to any side or rear lot line nor closer than fifteen (15) feet to any alley line. A detached garage shall not be closer than ten (10) feet to the principal structure, unless the applicable building code regulations in regard to fire resistive construction are complied with and such is approved by the building inspector.

(Prior code § 13-1-140)

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 thirty (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. Fences, as used in this chapter, 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 fifteen (15) percent of the side and rear yard may be used for storage of firewood at any one time.

(Prior code § 13-1-141)

A.

Fences Defined. For the purpose of this section, "fence" means a stand-alone barrier consisting of wood, stone, masonry materials, metal, vinyl, organic or other materials intended to prevent ingress or egress, shield property observation, form a boundary, or to enhance the appearance of a property. No fence shall be constructed of unsightly or dangerous materials that would constitute a nuisance.

B.

Types of Fences.

1.

Architectural Fence. A fence constructed to enhance the appearance of the structure or the landscape. Such fences shall not exceed twenty (20) feet in total aggregate length and shall comply with the height and setback requirements of this section. Fences of this type shall not hamper the vision of adjoining properties in regards to driveway ingress or egress. Fences of this type shall not totally enclose any area or boundary. Architectural fences may be erected without a permit from the zoning administrator.

2.

Boundary Fence. A fence placed upon the property lines of adjacent properties.

3.

Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure, or boundary. When a hedge is comprised of bushes or trees that form a continuous barrier, enclosure, or boundary, it must comply with the terms of this section pertaining to fences. Hedges shall be planted and trimmed to not extend into the required setback requirements when fully grown.

4.

Picket Fence. A fence of a height less than six feet 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. Fences of a picket fence style having rounded tops to avoid the potential of injury to persons shall not fall within the prohibition contained in subsection E of this section.

5.

Property Wall. A stand-alone structure not constituting part of a building and serving the same essential function as a fence. Property walls shall conform to the terms of this section pertaining to fences.

6.

Protective/Security Fence. A fence constructed to prevent ingress or egress to a property, or enclose a hazard to the public health, safety, and welfare.

7.

Residential Fence. A fence on or adjacent to residentially zoned property.

8.

Temporary Fence. A fence installed for a period of time not to exceed forty-five (45) days, or with the issuance of a permit for a period of time not to exceed one hundred twenty (120) days.

C.

Height of Fences Regulated.

1.

Residential Fences. Except as provided in Sections 17.76.010 and 17.92.040(F), a fence may be erected, placed, or maintained along a lot line of residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no fence that is located in a required front or corner side yard shall not 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 along such lot line.

2.

Protective/security fences shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron. Other open materials for protective/security fences may, upon request, be reviewed and approved by the village board. Protective/security fences are permitted on the property lines in all districts except residentially zoned properties. Protective/security fences located adjacent to residentially zoned properties shall maintain a minimum three-foot set back from the residential property line.

3.

In any residential district, no fence shall be erected, constructed or maintained to a height exceeding three feet above the street grade nearest thereto, within twenty-five (25) feet of the intersection of any street lines or of street lines projected. (See Section 17.76.010).

D.

Residential Fences. Fences may be constructed parallel to lot lines but shall not extend into the front setback area as extended to the side lot lines. The decorative side of the fence shall face adjoining property.

E.

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 security/protective fences in industrially zoned areas if the devices securing the barbed wire to the fence are ten (10) feet above the ground or height and project toward the fenced property and away from any public area.

F.

Fences to Be Repaired. All fences shall be maintained and kept safe and in a state of good repair. The finished or decorative side of a fence shall face adjoining property. Violations shall be subject to fines and penalties as outlined in Section 17.100.060.

G.

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. Unless the duration of such fencing shall exceed forty-five (45) days, the issuance of a permit shall not be necessary for temporary fences.

H.

Nonconforming Fences. Any fence existing on the effective date of amendment of this section not in conformance with this section may be maintained, but any alteration, modification or improvement of the fence shall comply with this section.

I.

Permit Required. No fence, except as exempted above, shall be constructed or erected without first receiving a permit from the zoning administrator. The applicant shall provide all necessary information as required and requested by the zoning administrator. All required fees shall be paid prior to the issuance of a fence permit.

J.

Violation—Penalty. All violations, remedial actions, and/or penalties shall be enforced as outlined in Section 17.100.060.

(Ord. 2003-03 § 4 (part); prior code § 13-1-142)

(Ord. No. 2012-01, 1-10-2012)

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 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 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.

B.

Exempt Pools. Storable children's swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of fifteen (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 a private or residential swimming pool 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 and zoning administrator. Plans and specifications and pertinent explanatory data should be submitted to the building inspector and 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. A current fee shall accompany such application.

D.

Construction Requirements. In addition to such other requirements as may be reasonably imposed by the building inspector and zoning administrator, the building inspector and zoning administrator shall not issue a permit for construction as provided for in subsection C of this section, 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 code 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 on 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 the 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 the zoning code for an accessory building, and in no case shall the water line of any pool be less than six 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. 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 a minimum of thirty-six (36) inches high on the top, or if the sidewalls are unobstructed and a minimum of thirty-six (36) inches high. Such pool must have secure access by use of self-closing/self-latching gates.

G.

Compliance. All swimming pools existing at the time of passage of this code not satisfactorily fenced are not required to comply with the fencing requirements of this section.

(Prior code § 13-1-143)

(Ord. No. 2020-02, 6-9-2020; Ord. No. 2023-01, 9-12-2023)

A.

Prohibition. No person or other entity shall erect a temporary structure within the BC, BG, or BH zoning districts of the village without first obtaining a permit from the village board.

B.

Definition. A "temporary structure" is defined herein as any structure which has neither a foundation nor a permanent slab and is not attached to anything which has a foundation or is located on a permanent slab, specifically excluding, however, storage sheds of the size eight feet by ten (10) feet or smaller, and specifically excluding motorized vehicles.

C.

Permit Process. Any person wishing to erect a temporary structure shall apply for a permit therefor. All such applications shall be submitted to the village board. The village board shall grant or deny such applications within thirty (30) days of receiving such application. Failure to respond within such time frame shall be deemed a denial. Any permit granted shall be conditioned upon such terms as the village board determines are reasonable and necessary to ensure the health and safety of all pedestrians and participants. A permit card shall be issued if the application is granted, which shall be displayed on the temporary structure in a prominent place at all relevant times. Failure to abide by the conditions of the permit shall result in its immediate revocation.

D.

Requirements.

1.

No permit for a temporary structure shall be granted unless there is already a permanent principal structure on such lot;

2.

The record owner of a lot shall be the only person or entity entitled to apply for a temporary structure permit;

3.

Only one temporary structure per lot shall be allowed at any one time;

4.

No more than two temporary structure permits shall be granted for a lot in any calendar year;

5.

A temporary structure permit shall not be granted for longer than ten (10) consecutive days in BC or BG zoning. Longer periods of time may be allowed in BH zoning if all other health and safety concerns can be met.

E.

Fee. There shall be a fee charged for a temporary permit. Such fee amount shall be determined by the village board.

(Prior code § 13-1-144)