Fox Point Village City Zoning Code
§ 745-6
Structures other than buildings.
A.
Structures not classified as buildings and less than six inches in height from the surface of the ground shall not require a building permit nor be subject to the front, side, or rear setbacks, building size, or open space requirements of this chapter, except as may be specifically otherwise provided in § 745-7 or 745-10 or Subsection C below, or § 756-44 or 842.
[Amended 4-12-2022 by Ord. No. 2022-01]
B.
Structures not classified as buildings and six inches or more in height from the surface of the ground shall be subject to the front, side, or rear setbacks, building size, and open space requirements of this chapter except as may be specifically otherwise provided in § 745-7 or 745-10 or Subsection C below.
C.
The following structures that are not classified as buildings are excluded from the requirements of this chapter, provided that the following limitations applicable to these exclusions are strictly followed:
(1)
Retaining walls. This exclusion applies to:
(a)
A structure that is intended primarily as a landscape feature for retaining soil, as determined by the Village Building Inspector, and the top of the wall is approximately at grade;
(b)
A structure that is intended to retain soil primarily for the purpose of constructing a driveway, as determined by the Village Building Inspector; and
(2)
Play equipment. This exclusion applies to a structure that is play equipment, as defined herein, provided that it is accessory to a residential use on the lot where it is located, and the lot is zoned for residential use, and the play equipment is set back at least three feet from any lot line. Play equipment is defined as a swingset, sandbox, jungle gym, or similar equipment that has no utility other than for amusement of children, as determined by the Village Building Inspector, but not including a structure that has walls and a roof which form an enclosure.
(3)
Gardens. This exclusion applies to a structure that is primarily intended to be a planting bed, raised flower garden, rain garden, or similar landscape feature, as determined by the Village Building Inspector, provided that such structure shall be located at least three feet from any property line.