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Deerfield Village City Zoning Code

ARTICLE VIII

REQUIREMENTS FOR SPECIFIC USES

Sec. 113-358.- Accessory uses and 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.

(b)

Placement restrictions. 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. Except as otherwise provided, no detached accessory building or structure shall exceed the height of the principal building or structure.

(3)

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

(4)

Detached accessory buildings. No detached accessory buildings 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, or be located within three feet of any other accessory building or lot line. An accessory building shall not be nearer than ten feet to the principal structure. In no event can the accessory uses or structures be forward of the front line of the principal structure. There shall be no garage doorway on an accessory building facing an alley unless there is a 20-foot setback.

(5)

Accessory building setbacks. Accessory building setbacks shall be as prescribed for each zoning district.

(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 have setbacks as prescribed in each zoning district.

(e)

Reserved 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 than five 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 flag poles, ornamental light standards, lawn furniture, sundials, bird baths, trees, shrubs and flowers and gardens.

(g)

Temporary uses. Temporary accessory uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the zoning administrator.

(Prior Code, § 24.60(1))

Sec. 113-359. - Adult-oriented establishments.

(a)

Definitions. The definitions contained in chapter 8, article II are hereby expressly incorporated herein and to be applied in this subsection.

(b)

Location of adult-oriented establishments.

(1)

In C-1, C-2, and M-1 zoning districts adult-oriented establishments shall not locate within 1,000 feet of any residential district, any school, religious institution, or park, youth center or boys or girls club and shall not locate within 500 feet of any other adult-oriented establishment.

(2)

Adult-oriented establishments are prohibited in all zones except those listed in subsection (b)(1) of this section.

(c)

Standards of measurement. The distances provided in this section shall be measured in a straight line without regard to intervening structures or objects from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult-oriented establishment to the nearest point of the property parcel boundary or land use district boundary from which the proposed land use is to be separated.

(d)

Conformance with chapter. In all zones where adult-oriented establishments are permitted, all regulations and requirements of this chapter must be met. Additionally, all provisions of the zoning district in which the establishment is located must also be met.

(Prior Code, § 24.33)

Sec. 113-360. - Outside firewood storage.

(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 shall 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 15 percent of the side and rear yard may be used for storage of firewood at any one time.

(Prior Code, § 24.60(2))

Sec. 113-361. - Fences and hedges.

(a)

Fences defined. 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, PVC or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly materials or materials that would constitute a nuisance. For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery. All fences are required to be installed within the boundaries of the subject parcel and maintained by the owner of the parcel that it is installed within.

Architectural or aesthetic fence means a fence constructed to enhance the appearance of the structure or the landscape.

Hedge means a row of brush or small trees planted close together that may form a barrier, enclosure or boundary.

Picket fence means 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.

Protective fence means a fence constructed to enclose a hazard to the public health, safety and welfare.

(b)

Height of fences regulated.

(1)

Except as provided in this section, a fence, wall, hedge, or shrubbery may be erected, placed, maintained, or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding 6½ feet above the ground level, except that no such fence, wall, hedge, or shrubbery that is located in a required front or corner side yard shall exceed a height of 2½ feet. Where such lot line is adjacent to nonresidentially zoned property, there shall be an eight-foot limit on the height of a fence or wall.

(2)

No fence or wall shall be erected, placed, maintained, or grown along a lot line on any business or industrially zoned property, adjacent to residentially zoned property, to a height exceeding eight feet, except for security fences as in subsection (d) of this section.

(3)

In any residence district, no fence, wall, hedge or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected.

(c)

Setback for residential fences. Fences may be constructed within the parcel lot lines but shall not extend into the front setback area as extended to the side lot line.

(d)

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 open type similar to woven wire or wrought iron fencing.

(e)

Prohibited fences. No fence shall be constructed that is of dangerous condition, or that conducts electricity or is designed to electrically shock or 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 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 plantings, to warn of construction hazards 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 and hedges. Any fence or hedge existing on the effective date of this Code and not in conformity with this section may be maintained, but no alteration, modification or improvement of said fence shall comply with this section.

(i)

Fence survey requirement. Prior to any fence installation, a property survey shall be performed by a land surveyor registered in the state. The survey shall be done in full conformance with Wis. Admin. Code ch. A-E 7 and none of the requirements within Wis. Admin. Code ch. A-E 7 may be waived by any agreement. Proof of such survey shall be provided to the building inspector. The owner shall be responsible to identify and verify all easements, covenants, restrictions or any other setback or installation requirements that may exist regarding the installation of a fence on the owner's property prior to commencement of construction.

(Prior Code, § 24.60(3))

Sec. 113-362. - Television or radio antenna towers.

(a)

No radio or television antenna tower shall be erected or installed within the front yard or side yard except when attached to the side of the principal structure. The rear setback and the side setback in rear yards shall be that for the principal structure within the respective zoning district. The exact location of the antenna tower shall be subject to approval by the village board.

(b)

No radio or television tower shall exceed a height of 20 feet above the roof line of the building on the property upon which the antenna is located or 60 feet above the ground measured at grade level, whichever is the minimum.

(c)

Radio or television antenna towers shall be erected and installed in accordance with the state electrical code, National Electrical Safety Code and the instructions of the manufacturer; in cases of conflict, the stricter requirements shall govern.

(Prior Code, § 24.60(5))

Sec. 113-363. - Storage and parking of recreational vehicles.

(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:

Boat means every description of watercraft used or capable of being used as a means of transportation on water.

Recreational vehicle means any of the following:

Boat or snowmobile trailer means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this section, is termed an unmounted boat or snowmobile.

Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.

Chassis mounts, motor homes and mini-motor homes mean recreational structures constructed integrally with a truck or motor-van chassis and incapable of being separated therefrom.

Converted and chopped van means recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.

Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation, or other uses, constructed as an integral part of a self-propelled vehicle.

Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.

Travel trailer means a vehicular, portable structure built on a chassis and on wheels; that is between ten and 36 feet long, including the hitch, and eight feet or less in width; designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. Travel trailers include so called "fifth-wheel" units.

(b)

Permitted parking or storage of recreational vehicles. In all residential and commercial districts provided for in this chapter, it is permissible to park or store a recreational vehicle or boat and boat trailer on private property in the following manner:

(1)

Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zoning district where located.

(2)

Parking is permitted outside in the side yard or rear yard provided it is not nearer than five feet to the lot line.

(3)

Parking is permitted outside on a hard-surfaced or well-drained gravel driveway, provided:

a.

Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard.

b.

A corner lot is always deemed to have reasonable access to the rear yard.

c.

A fence is not necessarily deemed to prevent reasonable access.

d.

Inside parking is not possible.

e.

The unit is parked perpendicular to the front curb.

(4)

The body of the recreational vehicle or boat must be at least 15 feet from the face of any curb.

(5)

No part of the unit may extend over the public sidewalk or public right-of-way.

(6)

Parking is permitted only for storage purposes. Recreational vehicles or boats shall not be:

a.

Used for dwelling purposes, except for overnight sleeping for a maximum of 14 days in any one calendar year. Cooking is not permitted at any time.

b.

Permanently connected to sewer line, water lines, or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.

c.

Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.

(7)

Notwithstanding the above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

(8)

The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.

(Prior Code, § 24.60(6))