Fredonia Village City Zoning Code
ARTICLE IX
Accessory Uses and Structures; Fences and Hedges
§ 575-83 Accessory uses, buildings or structures.
[Amended 5-16-2019 by Ord. No. 2019-04; 5-6-2021 by Ord. No. 2021-3; 9-21-2023 by Ord. No. 2023-9; 9-20-2025 by Ord. No. 2025-04]
A.
Principal structure to be present. An accessory building or structure in any zoning district shall not be established prior to the principal building or structure being present or under construction. Any accessory building or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
B.
Placement restrictions. An accessory building, use or structure may be established subject to the following regulations:
(1)
Placement and dimensions. Notwithstanding any placement and dimensional standards pertaining to principal structures set forth in the applicable zoning district, accessory uses and detached accessory structures are permitted in the rear yard only; shall not be closer than five feet to the principal structure, shall not be closer than three feet to any lot line, shall not exceed 15 feet in height, and shall not occupy more than 20% of the rear yard area in all districts except the following:
(a)
Business districts, where such uses and structures shall not occupy more than 75% of the rear yard area, and shall not be closer than three feet to any lot line nor five feet to an alley line.
(b)
Rebuild approval permit. In the RS-3 Zoning District, which is an older, small-lot-sized district within the Village, there is an additional exception to the 20% limitation for occupying area. In the RS-3 Zoning District, where an accessory structure currently exists, the property owner may apply to the Planning Commission for a rebuild approval permit to occupy more than 35% of the rear yard area. For corner lots in the RS-3 Zoning District, the side yard setback can be based upon the existing setback of the existing home, even if it is less than 25 feet. The Planning Commission will consider the actual lot, the neighborhood, and the effect the permit would have on neighboring parcels and the effect that it would have on the applicant's parcel. The rebuild approval permit may allow for the rebuilding of an accessory structure up to a maximum of 864 square feet, on a case-by-case basis, after review and approval by the Planning Commission.
(2)
Temporary storage buildings. Temporary buildings for storage of building materials and equipment and for construction purposes are allowed when on the same or adjoining lot as the principal use for a period not to exceed the duration of such construction.
(3)
Tents. Under no circumstances may a tent be used as an accessory structure for more than three consecutive days.
C.
Use restrictions – residential district. Accessory uses or structures in residential districts shall not be occupied as a dwelling unit or residence and shall not involve the conduct of any business, trade or industry, except for low intensity household occupations or medium intensity household occupations, if allowed by the conditional use permit and in compliance with its conditions.
D.
Landscaping uses. Accessory vegetation used for landscaping and decorating may be placed in any required yard area. Permitted vegetation includes trees, shrubs and flowers and gardens.
E.
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. Outdoor lighting is subject to regulation under § 575-65.
F.
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, sun dials, 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.
G.
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.
H.
Terrace area restrictions. In addition to the definitions and restrictions contained in Chapter 491, Streets and Sidewalks, Article IV, § 491-11, and Chapter 522, Trees and Shrubs, § 522-2, of this Code of Ordinances, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.
§ 575-84 Outside storage of firewood.
A.
No person shall store firewood in a street yard on residentially zoned property, except that firewood may be temporarily stored in a street 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 shall be abated.
E.
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 575-85 Outside storage.
No manure, rubbish, unlicensed or inoperable vehicles, salvage material or miscellaneous refuse may be stored within any zoning district when the same may be construed as a menace to the public health or safety or may be held to have a depressing influence upon property values in the area. Junk shall be placed in properly zoned junkyards only.
§ 575-86 Fences.
A. FENCE
Fences defined. For the purpose of this section:
An enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. A fence is a barrier intended to prevent intrusion or to mark a boundary; such a barrier is constructed of posts and boards or rails, or posts and wire mesh. No fence shall be constructed of unsightly or dangerous materials, which could constitute a nuisance. A "decorative fence" is a fence that does not restrict access to the yard. Fence posts and supports must be installed on the side of the fence that faces the fenced property.
[Amended 9-21-2017 by Ord. No. 2017-03]
B.
Residential fences.
(1)
Side yard and back yard fences.
(a)
Side yard and backyard fences may be placed on the lot line with the agreement of neighboring property owners; otherwise the fence must be set back two feet. The owner of the fence shall be responsible for all maintenance of the fence, including the clipping of grass or weeds under the fence.
(b)
Side yard and backyard fences shall not exceed six feet in height, regardless of abutting zoning district.
[Amended 7-6-2023 by Ord. No. 2023-6]
(2)
Street yard fences. Street yard fences are not allowed except decorative fences (see below) and corner lots on the nonaddress side of the house.
[Amended 5-16-2019 by Ord. No. 2019-05]
(3)
Decorative fences.
(a)
A decorative fence may be constructed to decorate the corner of a lot or to facilitate the planting of shrubs or flowers but cannot restrict access to the yard.
(b)
When a decorative fence is used as a corner accent, the length of the fence shall not exceed 10 feet in either direction from the corner post. A decorative fence shall not exceed 42 inches in height.
[Amended 9-21-2017 by Ord. No. 2017-03; 7-6-2023 by Ord. No. 2023-6]
(c)
Decorative fences must be located a minimum of two feet from the lot line or from any public right-of-way, whichever is greater.
C.
Security fences. Security fences are permitted on the property lines in all nonresidential districts but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
D.
Allowable and prohibited fences.
[Amended 7-6-2023 by Ord. No. 2023-6]
(1)
Allowable fences. The following fences are allowed in the Village in all zoning districts: split rail, dog-eared, dog-eared shadow box, wrought iron, picket, chain link, slats, vinyl and aluminum. All fences, unless further mentioned in this section to state otherwise, may have any percentage of openness to light.
(2)
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 10 feet above the ground or height and project toward the fenced property and away from any public area.
E.
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.
F.
Temporary fences. Fences erected 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 unless requested, in writing, and approved by the Director of Public Works.
G.
Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this section may be maintained, but any alterations, modifications or improvements shall comply with this section.
H.
Permits required; process for approval.
[Added 5-16-2019 by Ord. No. 2019-05; amended 9-7-2023 by Ord. No. 2023-7]
(1)
No person shall construct or maintain any fence without first obtaining a fence permit from the Building Inspector. Application for such a permit shall be made on the form prescribed for that purpose, which shall require the applicant to provide a site plan showing property lines, fence location, any structures on the property, and details of fence construction including materials and color.
(2)
If the Building Inspector is satisfied the proposed fence conforms with this section, the Building Inspector shall issue the fence permit. If the Building Inspector is not so satisfied, the Building Inspector shall refer the permit application to the Planning Commission, which shall decide whether the permit may be issued. The Clerk shall make any necessary notifications to the applicant.
§ 575-87 Swimming pools.
A. PRIVATE OR RESIDENTIAL SWIMMING POOL
Definitions. As used in this section, the following terms shall have the meanings indicated:
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.
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, a swimming pool building permit must be issued by 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.
D.
Application fee and deposit required.
(1)
Fee required. A receipt showing payment of the appropriate fees as established by the Village Board shall accompany permit application.
(2)
Deposit required. An application for a permit to construct a pool shall be accompanied by a cash deposit in an amount in accordance with the Villages Schedule of Bonds in addition to the permit fee. This deposit shall be retained by the Village Treasurer until final inspection and approval. If any person shall use the pool prior to final inspection and approval, said bond shall be forfeited. The bond shall be returned upon compliance by the permittee with all requirements of this chapter.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
E.
Final approval required. No pool shall be used until the Building Inspector has made his final inspection and has approved all phases of construction, including the erection of necessary fencing. Water in the pool, except for minimal amounts for purposes of testing, shall be considered evidence of use.
F.
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 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 Village now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable local, state and federal codes and requirements. 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 septic tank, or 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 drainage shall be subject to prior approval by the Director of Public Works.
[Amended 2-21-2019 by Ord. No. 2019-01]
(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 all applicable local, state, and federal codes and requirements regulating electrical installations.
G.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed in rear yards 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)
No swimming pool 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, and in no case shall the waterline of any pool be less than five feet from any lot line.
H.
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, or shall have a cover or other protective device over such swimming pool 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 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 any one dimension. Gates or doors shall be kept locked while the pool is not in actual use.
(2)
Pool fences may only be omitted under one of the following circumstances:
(a)
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, provided that the pool deck or fence shall not be more than 10 feet above the ground.
(b)
The pool fence may also be omitted when the sidewalls of the pool are at least four feet in height, are completely unobstructed, and egress/ingress to the pool is always restricted by use of a folding ladder.
I.
Compliance. All swimming pools existing at the time of passage of this Code of Ordinances that are not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.
J.
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.
K.
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.