Combined Locks Village
City Zoning Code
City Zoning Code
ARTICLE X
Accessory Uses and Structures; Fences; Swimming Pools
§ 580-77 Accessory uses or structures.
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, an attached or detached garage may be constructed to serve each residential unit so long as the yard requirements of the district are met. One additional accessory (shed) building may also be built on a lot.
(2)
Accessory building size limits.
(a)
An unattached garage shall not exceed the height of the main structure on the parcel with a maximum height not exceeding 18 feet and shall not exceed 30 feet by 30 feet in area. Other accessory (shed) buildings shall not exceed 12 feet by 14 feet in area. Unattached garage structures and other accessory (shed) structures shall not occupy more than 30% of the required rear yard (see definition of "rear yard"), to be located within three feet of any other accessory building, principal building, or lot line. No accessory building will be allowed except in conjunction with a residence.
(b)
A variance to code would be required if the proposed garage structure(s) would occupy more than 30% of the required rear yard. The application for a variance to the rule limiting the percentage of a rear yard that can be occupied by structures would at a minimum have to address the following:
[1]
Affect of stormwater runoff on abutting properties; and
[2]
Aesthetic impact on neighborhood.
(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)
Accessory structures setbacks. Notwithstanding residential driveways and parking lots, unless otherwise provided by this chapter, no structure shall be located within three feet of any accessory building, principal building, or lot line.
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 and authorized herein and shall not be occupied as a dwelling unit.
D.
Reversed corner and corner lots. An accessory building, structure or use on a corner lot, a reversed corner lot or a through lot, shall be set back from the property line adjoining a street the distance required for a front yard unless otherwise required herein for a specific permitted or conditional use.
E.
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 flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.
F.
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.
G.
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 Village Board, provided as follows:
(1)
That such private garage shall be located not less than five feet from the front lot line;
(2)
That the floor level of such private garage shall be not more than one foot above the curb level; and
(3)
That at least 1/2 the height of such private garage shall be below the mean grade of the front yard.
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, flag poles, 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.
§ 580-78 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 of Ordinances.
E.
No person shall store in the open more than three full cords of firewood in a residential district or use more than 15% of the side and rear yard for storage.
§ 580-79 Fences.
A.
Fences defined. For the purpose of this section, the following definitions shall apply:
ARCHITECTURAL OR AESTHETIC FENCE
A fence constructed to enhance the appearance of the structure or the landscape.
BOUNDARY FENCE
A fence placed the property lines of adjacent properties.
FENCE
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.
HEDGE
A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
PROTECTIVE FENCE
A fence constructed to enclose a hazard to the public health, safety and welfare.
B.
Fence permit required. No person shall erect a fence in the Village without first obtaining a fence permit from the Building Inspector and paying the required fee. The applicant shall provide the Building Inspector with accurate design information for the proposed fence. Permits may only be issued for proposed fences complying with this section.
C.
Height of fences regulated.
(1)
Standards. Notwithstanding other provisions of this chapter, ornamental fences, walls, and hedges may be permitted in any required yard, or along the edge of any required yard, provided no such fence, wall, or hedge shall exceed a height of four feet along the sides or front edge of any front yard and no such fence, wall, or hedge shall exceed a height of six feet in any other required yard. No driveway shall be closer than one foot from any lot line. Hedges shall be maintained within the owner's lot line.
[Amended 7-20-2021]
(2)
Corner lots. On any corner lot where a front or side yard is required or provided, no hedge, or obstruction, or fence through which no object can be seen shall be erected, constructed or maintained, which exceeds more than four feet in height measured from the established grade of the street, so as to interfere with clear vision from one street to another across the corner. Such structure must be open to vision 75% or more. No such fence, hedge or obstruction may be erected, constructed or maintained within 50 feet from the point of intersection. In other cases, a fence through which objects can be easily seen (open to vision 75% or more) may be erected, constructed or maintained not to exceed four feet in height. The Director of Public Works and/or Building Inspector will determine compliance with fence height, location and vision obstruction.
[Amended 7-20-2021]
(3)
Mixed use. No fence or wall shall be erected, placed or maintained along a lot line on any business or industrially zoned property adjacent to a residentially zoned property to a height exceeding eight feet.
D.
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.
E.
Prohibited fences. No fence shall be constructed which creates 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 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, and the finished side or decorative side of a fence shall face adjoining property.
G.
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.
H.
Nonconforming fences. Any fence existing on the effective date of this Code and not in conformance with this section may be maintained, but any alteration, modification or improvement of more than 50% of said fence shall result in the entire fence being brought into compliance with this section. See § 580-50E for provisions relating to the restoration of nonconforming structures damaged under the circumstances outlined in § 62.23(7)(hc), Wis Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I.
Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.
§ 580-80 Swimming pools.
A.
Definition. As used in this section, the following terms shall have the meanings indicated:
PRIVATE OR RESIDENTIAL SWIMMING POOL
An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 24 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/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 15 feet and a maximum water depth of 24 inches, and which are so constructed that they may readily be disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.
C.
Permit required.
(1)
An application for a swimming pool building permit must be submitted in writing to the Building Inspector before work is commenced on the construction, installation, or placement of private or residential swimming pools not exempted by this chapter. A building permit is also required for any alterations, additions, remodeling or other improvements to an existing pool. Plans, specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application.
(2)
Incidental plumbing and/or electrical work shall be subject to the provision of the respective codes and require separate permits from the Village.
(3)
The minimum building permit fee pursuant to the Village 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)
All materials and methods for 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 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 or onto lands of other property owners adjacent to that on which the pool is located or 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)
All pools, to include exempted pools, shall be installed, constructed or placed on rear or side lots only, and only on a lot occupied by a principal building. No swimming pool shall be installed, constructed or placed 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 part of any outdoor swimming pool shall be set nearer than three feet from any lot line or 15 feet from any adjacent residence or garage or in the front setback area of any lot.
F.
Fence.
(1)
Requirement. Outdoor swimming pools shall be protected by a fence, wall, buildings, enclosure or solid wall of durable material of which the pool itself may be constructed or any combination thereof. The artificial barrier shall be constructed so as to afford no handholds or footholds, of materials which are impenetrable by toddlers, at least four feet in height so that a toddler cannot grasp its top by jumping or reaching. Any gate installed shall be provided with self-closing and self-latching devices, which shall be on the inside of the gate at least 30 inches above ground level. All fences shall be constructed so that there is no more than 4 1/2 inches of spacing between vertical members.
(2)
Exception. The pool enclosure may be omitted where a pool is installed above ground and has a raised deck around the entire pool perimeter with an attached enclosed railing or uncovered sidewalls a minimum of 36 inches high, provided that a ladder or stairs access can be restricted.
(3)
Portable pools. Portable pools over 24 inches in depth shall be fenced or shall be drained, or covered with a secured cover to prevent access into the pool, after each day's use so as to provide public safety.
G.
Lifesaving equipment. Lifesaving equipment shall be provided and shall consist of at least one life pole 10 feet long and a Coast Guard approved ring buoy with a minimum outside diameter of 20 inches (USCG approval numbers 160.009 or 160.050) to which shall be attached a three-sixteenths-inch rope of a length at least equal to the greatest dimension of the swimming pool.
H.
Draining and approval thereof. 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 Building Inspector.
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. Every private swimming pool which has a capacity of at least 500 cubic feet of water shall be equipped with a recirculating system which shall be capable of filtering and recirculating the entire volume content of the pool during a twelve-hour period.
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.