Location. Accessory uses and detached accessory buildings are permitted in the rear and side yard only.

Size limits. When located in the rear yard only, minor residential accessory structures not exceeding 150 square feet in floor area shall be constructed so that no part of the structure is closer than 10 feet to the side or rear property line. In no case shall any part of any structure be within five feet of a drainage easement nor within 10 feet of a wastewater soil absorption system if the building is of slab construction, nor within 25 feet of a wastewater soil absorption system if the building has a below-grade foundation. The Town Board may grant a conditional use permit that would allow minor residential accessory structures to be constructed in the side yard within 10 feet of a side property line of a corner lot.

Garage size. Attached residential garages must be of less square footage than the principal structure and shall conform architecturally and visually to the principal structure.

Use restrictions for all residential districts. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry, except for home occupations or home professional offices of the owner-occupant as defined and specified herein under this chapter. Such accessory structures shall not be occupied as a dwelling unit.

Landscaping and decorative uses. In R-1, R-2, and R-3 Residential Zoning Districts, 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, flowers and gardens. For landscaping and decorative use requirements for CR-A, CR-B and TR Residential Zoning Districts, see specific zoning district requirements for zoning restrictions.

Bees and bee hives may be permitted as an accessory use on residential zoned properties per a license issued under § 95-23.

Standards. In addition to all of the standards applicable to the district in which it is located, the following specific standards shall be used for home occupations and professional offices located as accessory uses in all residential districts and in the E-1, A-1 and A-2 Districts:

Permitted home occupations and professional offices. Home occupations and professional offices which meet the following criteria, subject to the requirements of Subsection A above, may be permitted by the Town through issuance of a certificate of compliance which is issued by the Zoning Administrator/Administrator/Assistant Administrator:

Conditional use home occupations and professional offices. The following listed home occupations or professional offices, subject to the requirements of Subsection A, may be permitted through issuance of a conditional use permit granted, denied, or revoked at the discretion of the Town Board, after the review and recommendation of the Plan Commission, as set forth under Article V, Conditional Uses, of this chapter:

Unspecified home occupations and professional offices. Any use as a home occupation or professional office that is not specified hereinabove, whether as a permitted or a conditional use, shall be considered prohibited, a violation of this chapter, and no such permit shall be issued by the Town unless such proposed use is found by the Town Board, following recommendation of the Plan Commission, to be sufficiently similar to a specified permitted or conditionally permitted use as a home occupation or professional office, which meets the applicable requirements of this section and chapter.

Front yard. 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.

Stacked. 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.

Processing. 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.

Diseased wood. 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]

Maximum area. Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.

Fences defined. For the purpose of this section, "fence" is herein defined as a barrier which may consist of plastic, composite, wood, stone or metal intended to prevent ingress or egress. For the purpose of this section, the term "fence" shall not include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials that would constitute a nuisance.

Height. Fences in residentially zoned districts located in the side and rear yard shall not, in any case, exceed a height of six feet four inches total, not including a finial or decorative cap; if a fence in the side or rear yard includes a decorative finial or cap, total fence height cannot exceed six feet eight inches total. Fences shall not exceed a height of four feet four inches in the street yard, not including a finial or decorative cap; if a fence in the street yard includes a decorative finial or cap, total fence height cannot exceed four feet eight inches and shall not be closer than two feet to any public right-of-way. The height of a fence will be measured on the lot on which the fence is located, and shall be measured as the vertical distance from the top of the fence to the legally compliant grade level of the ground. If a fence is constructed on a berm or retaining wall, the allowable vertical height of the fence shall include the height of the berm or retaining wall.

Security fences. In nonresidential zoning districts, security fences are permitted but shall not exceed 10 feet in height, unless approved as a condition of a conditional use permit. Barbed wire on security fences may be used in industrially zoned areas if the devices securing the barbed wire to the fence are at least eight feet above the ground in height and project toward the fenced property.

Prohibited fences. No residential fence shall be constructed which is a dangerous condition, or which conducts electricity or is designed to electrically shock, or which uses barbed wire.

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair.

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. Any legal nonconforming fence existing on the effective date of this ordinance may be maintained, except where it interferes with traffic visibility at corners as governed by § 320-70, but all alterations, modifications and improvements of said fence shall comply with this section.

Definition. A private or residential swimming pool is an outdoor or indoor 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 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 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. A fee shall accompany such application.

Construction requirement. In addition to such other requirements as may be reasonably imposed by the Town Building Inspector, the Town Building Inspector shall not issue a permit for the construction of any private or residential swimming pool or for any alterations, additions, remodeling or other improvements to an existing private or residential swimming pool unless the following construction requirements are observed in such construction, alteration, addition, remodeling or other improvements:

Setbacks and other requirements.

Enclosure. Every outdoor private or residential swimming pool in the ground or with sides less than four feet high, as in the case of aboveground pools, shall be completely enclosed by a fence or wall 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 not exceed six feet four inches total, not including a finial or decorative cap; if a swimming pool fence or wall includes a decorative finial or cap, total fence/wall height cannot exceed six feet eight inches total, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. The height of a fence/wall will be measured on the lot on which the fence/wall is located, and shall be measured as the vertical distance from the top of the fence/wall to the legally compliant grade level of the ground. If a fence/wall is constructed on a berm or retaining wall, the allowable vertical height of the fence/wall shall include the height of the berm or retaining wall. A residence or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosures shall be equipped with self-closing and self-latching devices for keeping the gate or door securely locked at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Aboveground pools with sides greater than four feet high which are not enclosed by a suitable fence herein described and using a ladder for ingress and egress shall have this ladder removed or flipped up when the pool is not in use.

Public bathing places. The provisions of the Wisconsin Statutes and Wisconsin Administrative Code for public bathing and swimming places are hereby adopted by reference and shall apply to all public bathing and swimming places in the Town of Cedarburg.

Compliance. All swimming pools existing at the time of passage of this Zoning Code not satisfactorily fenced or covered shall comply with the fencing or covering requirements of this section or when water is placed in the pool.

Permit. No pond shall be constructed, altered or extended in any zoning district unless a Town of Cedarburg permit is obtained and posted. Ponds will not be permitted within 25 feet of any lot line or within 50 feet of a bicycle path. Native plantings may be required around any side of a pond that is within 100 feet of a public bicycle path. Permits shall not be required for the following:

Lot area. Ponds shall be considered a special accessory use and shall not be limited to any given yard but shall not occupy more than 10% of the total lot area.

Hearing. A public hearing shall be held by the Town Board before any permit is issued. A Class 2 legal notice shall be published at least 10 days prior to the hearing and notices sent to owners of record of property within 1,000 feet of the proposed pond or pond to be altered or extended. The Town Board should take into consideration citizen input at the hearing as well as written recommendations from the Plan Commission before arriving at a decision whether to grant a permit for the pond. In the event that the property situated within the one-thousand-foot area is owned entirely by a single property owner, then notice shall be given to the next adjacent property owner so that at least two property owners in each cardinal direction are provided notice of the hearing.

Site plan. Plans for the proposed pond shall be submitted with the application for a pond permit to assist the Town Board and Plan Commission in their determinations. The plans shall consist, as a minimum, of a plan view and a typical cross section of the proposed pond. The plan view shall include the configuration of the pond with dimensions and maximum depth areas, distances to property lines, drainage easements, structures, outlet structures, septic systems, spoil locations, proposed overflow spillway, proposed landscaping and any other information that may help the Town Board and the Plan Commission evaluate the pond. The typical cross section shall identify the bank and bottom slopes, maximum depth, outlet and/or overflow structures with elevations and normal water level elevation. A description of the soil type(s) and hydraulic conditions at the site shall be provided to determine the feasibility of a pond. The limits of the proposed pond shall be field staked for review by the Town Board and Plan Commission.

Fees. A fee as set by the Town Board shall be submitted with the permit application to help defray the cost of processing the application and the cost of the public hearing.

Construction and maintenance. Location, construction and maintenance of the pond shall be in accordance with the Town permit and regulations and shall also meet state and county rules and regulations.

Shared ponds. The Plan Commission and Town Board shall review pond permit applications for ponds proposed to cross lot lines on an individual basis.

Definitions. As used in this section, the following terms shall have the meaning indicated:

Minimum building area. Any earth shelter shall be equal to the minimum building area required for a one-story residential structure in the zoning district in which the earth shelter is to be located. Minimum yard distances shall also be the same as a single-story structure for that zoning district.