Colby City Zoning Code
ARTICLE X
Accessory Uses and Structures; Fences and Hedges
§ 480-83 Accessory uses or structures.
A. ATTACHED ACCESSORY BUILDING or ATTACHED GARAGE
Definition. For purposes of this section, the following term shall have the meaning indicated:
The relationship between an accessory building or garage with a dwelling, such that the accessory building or garage has a continuous, weatherproof roofline with the dwelling and has a continuous, structural floor system or foundation system between those two structures.
B.
Exemption for reconstruction of existing garage. Notwithstanding any prohibitions or restrictions as set forth in any other provisions of this § 480-83, there shall be no prohibition or restriction as to the reconstruction of an existing garage, whether attached or unattached, so long as the reconstruction of the existing garage is within or on the same footprint of said existing garage, even if its present location is not in compliance with any Zoning Code setback requirements.
C.
Building permit required. No owner shall, within the City of Colby, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings or a garage, until a building permit shall have first been obtained from the Zoning Administrator. Application for said building permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee pursuant to the City Building Code and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building or garage with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
D.
Principal use to be present. An accessory use, structure, accessory building or garage structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory building or garage structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
E.
Placement restrictions in residential districts. An accessory or garage in a residential district may be established subject to the following regulations:
(1)
Lots under common ownership. Where adjacent residential lots are under common ownership, accessory buildings/garages up to 2,000 square feet may be placed on such lots, provided a principal structure is present on one of the lots.
(2)
Attached accessory buildings. All accessory buildings or garages which are attached to the principal building shall comply with the yard requirements of the principal building.
(3)
Detached accessory buildings and garages; lot area.
(a)
No detached accessory building or garage shall occupy any portion of the required front or side yard setbacks.
(b)
Detached accessory buildings and/or garages shall not exceed the height of the principal building.
(c)
The total square footage of all detached accessory structures, uses, buildings and garages shall not exceed 2,000 square feet, or more than 15% of the entire lot area minus the square footage of the principal building, whichever is more restrictive. No individual detached accessory building shall exceed 240 square feet in area. The dimensions of any swimming pool, children's play structure, detached garage, tennis court and other detached accessory building and structures shall be deducted from the maximum 2,000 square foot limitation or the 15% lot area limitation in determining the remaining available lot area coverage for accessory structures and buildings.
(d)
An accessory building shall not be nearer than 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, structures or buildings be forward of the front line of the principal structure.
F.
Use restrictions in residential districts. Accessory uses, structures or buildings 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. Accessory buildings shall not be used for residential living purposes.
G.
Reversed-corner lots. When an accessory structure or garage 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 three feet to the side line of the adjacent structure.
H.
Landscaping uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.
I.
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.
J.
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 detached garage may be erected within the front yard, provided as follows:
K.
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 and shall not register more than 1/2 footcandle at the property line.
L.
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, sun dials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.
M.
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.
N.
Children's play structures. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.
O.
Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 398, Streets and Sidewalks, Article II, General Street Regulations, of the City Code, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.
P.
Accessory buildings and garage construction material. All accessory buildings and garages shall be constructed of durable materials and shall not be constructed of tent-like materials or coverall plastic/rubber materials used in such a fashion or manner so as to be a substitute for building walls and/or roof or roofs of said accessory building or garage. This Subsection shall not prohibit greenhouses, provided that such use is allowed per zoning requirements and restrictions.
§ 480-84 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. "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% of the side and rear yard may be used for storage of firewood at any one time.
§ 480-85 Fences.
A. FENCE
Fences defined. For the purpose of this section, the following term shall have the meaning indicated:
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.
B.
Fences categorized. Fences shall be categorized into five classifications:
(1)
Boundary fence: a fence placed on or 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)
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.
Fence permit. No person shall erect a fence without first obtaining a fence permit from the Building Inspector. The applicant shall present design information showing compliance with this section.
D.
Height of fences regulated.
(1)
Residential fences six feet or less in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard setback area but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of § 480-53. All fences must be constructed and maintained in a good state of repair and appearance.
(2)
No fence shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
E.
Fences placed on property lines.
(1)
All fences placed on property lines must have written approval of the adjoining property owners.
(2)
If the adjoining property owner does not grant permission, the fence can be placed no closer than two feet to the property line.
(3)
If a new fence is constructed or erected on the property line without the expressed approval of the adjoining property owner, whether requiring a permit or not, a written complaint may be filed with the Zoning Administrator and he/she shall serve notice to the owner that the fence must be removed. If the fence owner does not comply within 30 days, the Zoning Administrator may request the City to remove it at the owner's expense.
(4)
Any fence may be placed two feet from the property line without permission of adjoining property owners.
(5)
All fences must be set back at least five feet from the front property line.
(6)
The party erecting a fence shall be responsible for determining the proper, legal location for such fence.
F.
Security fences. Security fences shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
G.
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 eight feet above the ground or height and project toward the fenced property and away from any public area.
H.
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.
I.
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. 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.
J.
Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K.
Fence permit. No person shall erect a fence in the City unless a permit is first obtained by the owner or his/her agent from the Building Inspector. The applicant shall submit design specifications for approval and pay required permit fees at the time of making application.
L.
Property boundary determinations. Fences shall be erected on the owner's property, and responsibility for establishing the property line shall rest with the property owner erecting the fence. The dress side of the fence shall be on the outside. All parts of the fence shall be erected on the owner's property.
M.
Snow fences. Utility snow fences may be used only during the winter months and shall be removed at the end of each winter season.
§ 480-86 Swimming pools.
A. SWIMMING POOL
Definition. As used in this section, the following terms shall have the meanings indicated:
A body of water or 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, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi-permanent structure on the land. The term 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 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 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 required building permit fee pursuant to the City Building Code 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 B unless the following construction requirements are observed:
(1)
Approved materials. 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 codes and with any and all ordinances of the City now in effect or hereafter enacted.
(2)
Plumbing. 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 or in the general vicinity.
(3)
Electrical installations. 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 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)
All swimming pools shall be at least 10 feet from any lot line or building unless designed and approved as an addition to a building.
F.
Enclosure.
(1)
Fence for in-ground pools. All outdoor, below-grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.
(2)
Pool wall barrier for above-ground pools.
(a)
An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend more than three feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
(b)
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 36 inches high on the top.
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 or when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
H.
Drainage. No private swimming pool shall be constructed so as to allow water therefrom to drain or overflow upon or cause damage to any adjoining property.
I.
Filter system required. All private swimming pools within the meaning of this chapter 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.
§ 480-87 Retaining walls.
A.
Purpose. The purpose of this section is to protect public and private property from the effects of poorly designed and constructed retaining walls.
B.
Permit required. A permit shall be required for all retaining walls constructed that exceed 24 inches in height, including terraced retaining wall projects where the total height of all walls exceeds 24 inches, and are closer than 15 feet to a property line.
C.
Application. Application shall be made to the Zoning Administrator on forms provided and shall include a site plan and a set of construction plans. Plans sealed by a professional engineer registered in the state and/or other information necessary to adequately review the proposed retaining wall may also be required by the Zoning Administrator.
D.
Performance standards. A retaining wall shall be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by an equivalent fluid weighing not less than 30 pounds per cubic foot and having a depth equal to that of the retained earth. Any surcharge shall be in addition to the equivalent fluid pressure.
§ 480-88 Shipping containers and similar conveyance containers used for storage.
[Added 12-3-2019 by Ord. No. 2019-9]
A. SHIPPING CONTAINER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A steel box or a box manufactured from materials of similar strength and durability used for intermodal shipping of 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.
B.
Purpose. This subsection regulates the use of shipping containers and similar conveyance containers which may be permanently placed outdoors and used for storage purposes only in certain zoning districts in accordance with the provisions described herein, which are intended to protect the aesthetic qualities of the City.
C.
Containers prohibited with exceptions. Except as described herein, the following shall not be placed for storage or residential use in any zoning district in the City: shipping containers, semi-trailers, truck bodies, mobile offices, storage containers or other similar conveyance containers either with or without wheels.
D.
Exception for contractors' use. In any zoning district, contractors may temporarily use the above-listed movable personal property in conjunction with construction activities duly authorized by a permit issued by the City for a construction project, alteration project or demolition project.
E.
Exception for household or commercial moving purposes. In any zoning district, portable storage containers, a/k/a PODS®, may be temporarily placed for residential household or commercial moving events and used for a term not to exceed 90 days per moving event, unless additional time is authorized by the Director of Public Works.
F.
Exception for the (IG) General Industrial District. Shipping containers or similar conveyance containers may be permanently placed outdoors and used for storage in the IG District in accordance with the following requirements:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
The use of the 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 or gravel or concrete or 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 in combination with required screening or fencing as determined by the Director of Public Works;
(5)
Additional requirements that may be determined by the Director of Public Works, include painting to match the color of the principal building, fencing, landscaping, lighting, architectural modifications, maintenance standards and site improvements to manage stormwater drainage;
(6)
The removal of a shipping container or similar conveyance 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 shall charge the cost of said removal through a special tax assessment against the property; and
(7)
Prior to the placement of any shipping container or similar conveyance, the Director of Public Works shall issue a permit in accordance with these requirements upon the payment of the applicable permit fee.
G.
Existing nonconforming shipping containers and similar conveyance containers used for storage. Shipping containers and similar conveyance containers that are used for storage that were existing on the effective date of this section shall not be governed by the provisions of this § 480-88. If any such existing container is removed from the property, it will be unlawful to replace said container without fully complying with the provisions of this § 480-88. If ownership of the property changes, all provisions of this § 480-88 shall be complied therewith as to said existing nonconforming shipping containers so as to bring said containers into compliance with this section.