(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. Also one satellite dish or antenna shall be permitted.

(2)

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

(3)

Detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 30 percent of the required rear yard. Any accessory building, use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided herein, except that when an accessory building is located forward of the rear building line of the principal building it shall satisfy the same side yard requirements as the principal building. An accessory building shall not be nearer than ten feet to the principal structure unless the applicable building code regulations in regard to a one-hour fire-resistive construction are complied with.

(c)

Use restrictions; residential district. 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)

Placement restrictions; nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall not be nearer than three feet to any side or rear lot line.

(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 three 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 flagpole, 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.

(h)

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.

(i)

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.

(j)

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.

(k)

Temporary use of storage containers. As used in this section, the term "container" shall include, but not be limited to, the following items:

Shipping container. A steel box used for intermodal shipping products and materials between locations. Such containers are designed and constructed to standards established by the International Organization for Standards (ISO) and are typically 10, 20, 30 or 40 feet long.

Storage pod. A box container constructed of wood, steel, or other similar materials such as "Portable on Demand Storage" also known as "PODS®."

(a)

Containers prohibited with exceptions. Except as described herein, the following shall not be permanently placed for storage or residential use in any residential district in the City: shipping containers, semi-trailers, truck bodies, mobile offices, storage pods, polystructures, or other similar conveyances either with or without wheels.

(1)

Exception-shipping containers may be permanently placed on school property and shall comply with (d)1-6 under permanent use exceptions.

(b)

Temporary use. An individual must first obtain a permit from the City before installing, or placing any temporary container for construction, storage, remodeling or moving purposes within the City in the residential districts. The placement of any temporary container is limited to six months. Placement of temporary containers for a time duration greater than six months but no more than 12 months requires approval from the City Council.

(c)

Container placement. A container may be located in the driveway provided it is placed on a pad consisting of stone, gravel, concrete, asphalt, or a combination of those materials. Containers may also be placed in the grass. Temporary containers are not to block any portion of streets, sidewalks, or right-of-way.

(d)

Permanent use exemptions. In the I-1, I-2 and CBD Commercial and Industrial Districts containers or similar conveyances may be permanently placed outdoors and used for storage in accordance with the following requirements:

(1)

The use of this container, including its contents, shall be accessory to the principal building or use of the premises.

(2)

A container shall not be permitted on vacant lots.

(3)

A container shall be located in the rear yard only and shall be placed on a pad consisting of stone, gravel, concrete, asphalt, or a combination of those materials.

(4)

The container location shall comply with setback requirements as if it were an accessory building. Where a residential use is immediately adjacent to the proposed location of a container, the minimum setback may be increased.

(5)

Additional requirements: All containers shall be well maintained, no rust and color compatible with the principal structure. In addition the City may require fencing, landscaping, architectural modifications and site improvements for permanent containers.

(6)

The removal of a container may be ordered by the City due to lack of maintenance or if it becomes a public nuisance. The cost for such removal shall be paid by the property owner. If the property owner is negligent in paying for its removal, the City may charge the removal against the property.

(Code 2005, § 13-1-130; Ord. No. 793A, § 1, 11-12-2024)

(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 five 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.

(e)

Not more than 20 percent of tie side and rear yard may be used for storage of firewood at any one time.

(Code 2005, § 13-1-131)

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fence means an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. The term "fence" shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(b)

Fences categorized. Fences shall be categorized into five classifications:

(1)

Boundary fence. A fence 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 of small trees planted close together which 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.

(c)

Height of fences, walls and continuous shrubbery such as hedges.

(1)

Fences, walls and continuous linear shrubbery such as hedges shall be permitted in all yards subject to the following limitations: any such structure or shrubbery not in excess of four feet in height may be permitted anywhere on the lot, except as may be prohibited at street intersections and in accordance with setbacks to the property lines.

(2)

Any such structure or shrubbery in excess of four feet, but not more than six feet, may be permitted provided it is no closer than five feet from the right of way, except as may otherwise be prohibited at street intersections. (See setbacks below.)

(3)

No fence, wall, or continuous shrubbery in any yard of a corner lot within 25 feet of the corner of such lot that is at the street intersection shall be higher than 2½ feet above the street, provided that a chain-link fence with a mesh of two inches or more shall be permitted within such area to the maximum height as specified in Subsections (1) and (2).

(d)

Setback for residential fences, walls, and continuous shrubbery such as hedges.

(1)

No residential fence, wall, or continuous shrubbery shall be located closer than three feet from the property line. The smooth, finished side of the fence ("the good side") must face outward with the support posts on the inside. If a survey is required to determine the lot line, it shall be at the expense of the owner requesting the fence. Any setback closer to the lot line shall require a variance unless adjoining neighbors sign a written agreement. The written agreement shall state that the adjoining neighbors agree on the placement and maintenance of the above mentioned items.

(2)

Fences, walls, and continuous shrubbery shall be placed no closer than five feet from the property line at the street or alley provided that there is a recorded certified survey stake substantiating the property line. If a certified survey stake or monument is not available, the property line shall be determined by estimating the edge of the actual street right of way by measuring from the center of the pavement inward toward the property the distance of the sum of the recorded width of the right of way divided by two. The edge of the alley line shall be determined by measuring from the estimated center of the alley inward toward the property the distance of the sum of the recorded alley width divided by two.

(e)

Security fences. Security fences are permitted on the property lines in all districts, except residential districts, but shall not exceed ten 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 in a 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 ten feet above the ground and project toward the fenced property and away from any public area.

(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 and hedges. Any fence or hedge existing on the effective date of the ordinance from which this article is derived and not in conformance with this section may be maintained, but no alteration, modification, or improvement of said fence shall comply with this section.

(Code 2005, § 13-1-132; Ord. No. 684A, 10-9-2007; Ord. No. 700A, § 1, 5-12-2009; Ord. No. 704A, § 1, 2-9-2010)

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Private or residential swimming pool means an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ 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 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

(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. A fee as provided in Section 26-378 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) 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 accordance with all State regulations and codes and with any and all ordinances of the City now in effect or hereafter enacted.

(2)

All plumbing work shall be in accordance with all applicable ordinances of the City 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 City ordinances regulating electrical installations.

(e)

Setbacks and other requirements.

(1)

Private or residential 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 said 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 this chapter for an accessory building, and in no case shall the water line of any pool be less than five feet from any lot line.

(f)

Fence.

(1)

All outdoor swimming pools having a depth capacity of two feet or more shall be completely enclosed by a fence prior to use of the swimming pool. The wall of an adjacent building may be accepted as part of the required fence when found by the inspector to provide a sufficient degree of protection. Such fence shall be not less than four feet in height above the ground level immediately below. Such fence shall be of not less than 11.5 gauge chainlink fencing or such other construction which will make access to the swimming pool area equally difficult. All fence material and fenceposts shall be resistant to decay and corrosion and fenceposts shall be set securely in a base of gravel, concrete, or similar material. Such fence or wall shall be constructed in such a design to resist climbing and as not to have voids, holes, or openings larger than four inches in one dimension. Any open space in the plane of the fence shall be equipped with a gate. Each gate shall have at least the minimum height required for the fence and shall be equipped with self-closing and self-latching devices placed at the top of the gate or at a place which is otherwise inaccessible to small children.

(2)

All outdoor swimming pools which are located above ground and encompassed by an exterior wall having a height of four feet or more shall be exempt from the provisions of Subsection (f)(1) of this section; provided that all such abovementioned pools shall be equipped with an effective fence and gate system at all points of entry to the pool, constructed to the specifications contained in Subsection (f)(1) of this section.

(3)

Prior to the initial filling with water, each such outdoor swimming pool shall be enclosed by either fencing as required in this section, or a temporary construction fence. Such temporary fence shall be a snow fence, or a fence of similar design, at least four feet in height and securely anchored in place. The fence shall be constructed with its base flush to the ground and shall have supportive posts placed no more than eight feet apart. The fence shall remain in place until such time as a permanent fence is installed as provided in this section. The installation of a permanent fence shall take place no later than 60 days after the initial filling of the swimming pool.

(4)

All persons owning or in charge of a swimming pool for which a fence is required under this section shall construct or provide such fence within 90 days following the effective date of the ordinance codified in this chapter.

(g)

Compliance. All swimming pools existing at the time of passage of the ordinance from which this article is derived not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.

(h)

Draining and approval. 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 Director of Public Works. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Board of Health or the Barron County Zoning Department shall be necessary before the construction of any such pool may commence.

(i)

Filter system required. All private swimming pools within the meaning of this chapter must have, in connection therewith, some filtration system to ensure 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.

(Code 2005, § 13-1-133)