Fairwater City Zoning Code
ARTICLE X
Accessory Uses and Structures; Fences; Swimming Pools
§ 485-74 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 in all districts. An accessory use or structure in all districts may be established subject to the following regulations:
(1)
Accessory building or structure. Any detached building or structure subordinate to the main building or structure and used for a purpose customarily incidental to the permitted use of the main building or structure or the use of the premises, not including detached garages. Accessory buildings and structures include, but are not limited to, utility storage buildings less than 144 square feet in area, carports, greenhouses, screened enclosures, decks, swimming pools, bathhouse, and filter equipment sheds, playhouses, gazebos and satellite dish antennas. Metal storage containers are prohibited. Temporary storage containers are allowed with Village Board approval.
(a)
Utility buildings exceeding 144 square feet in area will require a building permit and shall be included in the calculation of the allowable square footage for a detached private garage.
(b)
Accessory buildings shall set back from the property line not less than five feet.
(c)
No accessory building or structure shall occupy any portion of the required front yard.
(d)
This subsection excludes dumpster enclosures.
(2)
Garage, private (attached). A building in residential areas for the storage of motor-driven vehicles that is physically attached to the principal building. Attached private garages shall comply with the same setback requirements as for principal buildings.
(3)
Garage, private (detached). A building in residential areas for the storage of motor-driven vehicles. Detached private garages shall comply with Subsection B(3)(a), (b), (c), (d) and (e).
(a)
In R-1, R-2, R-3 and R-4 Districts a detached private garage shall not occupy more than 1,400 square feet of area in combination with any other accessory buildings or structures.
(b)
In R-4 Districts all accessory buildings may not exceed 30% of the required side and rear yard.
(c)
No detached private garage(s) shall be constructed on a residential lot until a principal structure is present or under construction.
(d)
Detached private garage(s) shall be set back from the property lines not less than five feet.
(e)
Detached private garage(s) shall be separated from the principal building by not less than 10 feet; should the building provide a one-hour fire-restrictive construction, the separation can be reduced to five feet.
(f)
Detached garages are permitted in the rear yard and side yards only.
(g)
Detached garage(s) shall not exceed a height of 20 feet.
C.
Use restrictions in residential districts. 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.
Use restrictions in 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.
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.
F.
Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area, provided it is not in a vision clearance triangle. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, bird baths, 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 and shall be removed within 30 days of occupancy of the project.
H.
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 that:
(1)
Such private garage shall be located not less than five feet from the front lot line;
(2)
The floor level of such private garage shall be not more than one foot above the curb level; and
(3)
At least 1/2 the height of such private garage shall be below the mean grade of the front yard.
I.
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.
J.
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.
K.
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.
§ 485-75 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 14 days from the date of its delivery.
B.
Firewood should be neatly stacked and may be stacked not 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.
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.
Not more than 15% of the side and rear yard may be used for storage of firewood at any one time.
§ 485-76 Fences.
A.
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
ARCHITECTURAL OR AESTHETIC FENCE
A fence constructed to enhance the appearance of the structure or the landscape.
BOUNDARY FENCE
A fence placed on 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.
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.
PROTECTIVE FENCE
A fence constructed to enclose a hazard to the public health, safety and welfare.
B.
Permission required. No person shall erect a fence in the Village without first obtaining permission from the Building Inspector/Village Board. The applicant shall provide the Building Inspector/Village Board with accurate design information for the proposed fence. Permission may only be given for proposed fences complying with this section.
C.
Height of fences regulated.
(1)
Except as provided in § 485-43, a fence or wall may be erected, placed, or maintained along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no fence or wall that is located in a required front or corner side yard shall exceed a height of three feet. Where such lot line is adjacent to a nonresidentially zoned property, there shall be an eight-foot limit on the height of a fence or wall along such lot line.
(2)
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.
(3)
In any residential district, no fence or wall shall be erected, constructed or maintained in the vision clearance triangle to a height exceeding 2 1/2 feet above the street grade nearest thereto within 25 feet of the intersection of any street lines or of street lines projected. (See § 485-43.)
D.
Setback for residential fences. Fences in residential areas shall be constructed with a minimum one-foot setback from lot lines. Fences may be constructed parallel to lot lines but shall not extend into the front setback area as extended to the side lot lines.
E.
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.
F.
Prohibited fences. No fence shall be constructed which is a picket fence or which is of an otherwise 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 higher 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. Permission 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. 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 more than 50% of said fence shall result in the entire fence being brought into compliance with this section.
J.
Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.
§ 485-77 Swimming pools/hot tubs.
A.
Definition. A "private or residential swimming pool/hot tub" is 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, 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/hot tub.
B.
Exempt pools/hot tubs. Storable children's swimming or wading pools/hot tubs, 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/hot tubs or on any alterations, additions, remodeling or other improvements, an application for a swimming pool/hot tub 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 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 C 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/hot tub 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/hot tub shall be provided with a suitable draining method, and in no case shall waters from any pool/hot tub be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool/hot tub 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/hot tub, shall be in conformance with the state laws and Village ordinances regulating electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools/hot tubs shall be erected or constructed in rear or side yards only, and only on a lot occupied by a principal building. No swimming pool/hot tub 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/hot tub shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building, but in no case shall the water line of any pool/hot tub be less than five feet from any lot line.
F.
Fence.
(1)
Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool/hot tub, or shall have a cover or other protective device over such swimming pool/hot tub 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/hot tub is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than four feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool/hot tub is not in actual use.
(2)
The pool/hot tub enclosure may be omitted where portable pools/hot tubs are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing or uncovered sidewalls a minimum of 36 inches high, provided that ladder or stair access can be restricted.
G.
Compliance. All swimming pools/hot tubs existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool/hot tub.
H.
Draining and approval thereof. No private swimming pool/hot tub 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/hot tub into a storm sewer, but such installation shall be subject to prior approval by the Building Inspector/Village Board.
I.
Filter system required. All private swimming pools/hot tubs 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/hot tubs of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.