Howards Grove Village
City Zoning Code
City Zoning Code
ARTICLE XI
Accessory Uses and Structures; Fences and Hedges
§ 415-76 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.
(a)
In a R1 District, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot, providing all code restrictions and setbacks are met.
(b)
In a R2 District, in addition to the principal building, a detached garage or attached garage and one additional accessory building per unit may be placed on a lot, providing all code restrictions and setbacks are met.
(2)
Accessory building size limits. Garages and other detached accessory buildings shall be less than 15 feet in height.
(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)
Detached accessory buildings.
(a)
No detached accessory building shall be located within three feet of any other accessory building.
(b)
When located completely behind the principal building, no detached accessory building shall be located closer than four feet to any lot line or within any easement (whichever is greater), or if the accessory building size is greater than 600 square feet, be located closer than 10 feet to any lot line or within any easement.
(c)
When located on the side of the principal building, no detached accessory building shall be located closer than 10 feet to any side lot line or within any easement (whichever is greater).
(d)
An accessory building shall not be nearer than 10 feet to the principal structure unless the applicable building code regulations in regard to one-hour fire-resistive construction are complied with.
(e)
In no event can the accessory uses or structures be forward of the front line of the principal structure.
(f)
In the R1 District, the total for all accessory buildings, including detached garages, shall not exceed 2,000 square feet or use more than 15% of the rear yard, whichever is more restrictive. In addition, no single accessory building shall exceed 1,200 square feet.
(g)
For each unit in the R2 District under separate ownership, the total for all accessory buildings, including detached garages, shall not exceed 1,000 square feet or use more than 7.5% of the rear yard, whichever is more restrictive. In addition, no single accessory building shall exceed 600 square feet.
(h)
For R2 District property, if units are under common ownership, the owner may elect to utilize the restrictions applicable to R1 or R2, but may not use a combination of both.
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 not be nearer than four feet to any side or rear lot line.
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, nor nearer than four 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 flagpoles, ornamental light standards, lawn furniture, sun dials, birdbaths, trees, shrubs, flowers and gardens.
G.
Temporary uses. Temporary accessory uses such as real estate sale field offices or shelters for material and equipment being used in the construction of the permanent structure may be permitted by the Zoning Administrator.
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, 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.
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.
L.
Landscape decorative ponds. Any man-made body of water with a water depth of less than 24 inches and a surface area of less than 250 square feet located within the R1, R2, and Multifamily Districts are permitted, provided they comply with the setback and other requirements of § 415-79D, except this type of pond may be located in the front yard. Alternative size and depth of landscape decorative ponds located in Commercial, Industrial and Parks and Recreation Districts may be allowed upon approval of a site plan for the property by the Plan Commission. See § 415-80 for requirements.
§ 415-77 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. "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 within 15 days 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 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 415-78 Fences and hedges.
A.
Fence defined. For the purpose of this section, "fence" is herein defined as an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into five classifications:
(1)
Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.
(4)
Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
(5)
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.
C.
Height of fences regulated.
(1)
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 six feet above the ground level and be no closer than three feet to a public right-of-way, except that no such fence, wall, hedge or shrubbery which is located in a required front or corner side yard shall exceed a height of four 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, wall, hedge or shrubbery along such lot line.
(2)
No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
(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.
D.
Setback for residential fences; approval.
(1)
Fences in residential areas may be constructed on 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.
(2)
Residential fences may only be constructed following issuance of a fence permit by the Zoning Administrator, such permit application to be accompanied by a description and/or sketch of the proposed fence.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. 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 approved by the Village Board.
I.
Nonconforming fences and hedges. Any fence or hedge existing on the date of adoption or amendment of this chapter and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 415-79 Swimming pools.
A.
Definition. A "private or residential swimming pool" 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 18 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 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 18 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.
C.
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 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 code 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, 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 (State Electrical Code) and Village ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed in rear or side 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 six feet from any lot line.
E.
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. 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 latched while the pool is not in actual use.
(2)
The pool enclosure may be omitted where portable pools are installed above the 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, or if the sidewalls are unobstructed and a minimum of 36 inches high. Stair access shall be controlled by a self-latching, self-closing gate which shall not be left in any open position when not in actual use. A raisable ladder shall be in the raised position when the pool is not in use. If a pool is not equipped with a raisable safety ladder and is not enclosed by a fence, the ladder shall be detachable so that it can be removed from the pool and placed out of reach of small children when the pool is not in use.
F.
Compliance. All swimming pools lawfully existing at the time of passage of this Code of Ordinances not fenced in compliance with the terms hereof are not required to comply with the fencing requirements of this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 415-80 Ponds; fountains; detention/retention ponds.
A.
Permit required. No person shall construct or make improvements to any pond located within the Village of Howards Grove without first obtaining a permit from the Village Building Inspector. Except as set forth below, these provisions apply to all ponds, including, but not limited to, those ponds utilized for drainage, recreation, aesthetics, and sediment control.
B.
Exceptions. The following ponds are excluded from the provisions of this chapter: ponds with a depth of 24 inches or less and an area 250 square feet or less, stormwater drainage ponds created by or for the Village with Village approval, and ponds which have been reviewed and approved as part of an erosion control plan, provided they comply with the setback and other requirements of § 415-79D, except this type of pond may be located in the front yard. Existing ponds are also excluded from the provisions of this chapter, but any enlargement, dredging or modification to such ponds makes them subject to this section.
C.
Site plan required. Before a permit may be issued, the applicant shall provide the Village with a detailed site plan of the proposed pond excavation showing cross section, depth, area and location of the pond as well as addressing disposition and storage of spoils from the excavation. The plan shall contain measures to protect against overflow and shall address drainage into and surrounding the pond area. The plan shall detail the flow of drainage in the event of overflow and demonstrate that adjacent properties will be adequately protected in the event of overflow. Additional information shall be supplied to the Village, as requested by the Village Engineer.
D.
Guide required. To erect, construct, or place any pond or pool of any size, permanent or temporary, the landowner must obtain a pond and swimming pool guide from the Village of Howards Grove, which outlines the Village of Howards Grove codes, ordinances and requirements/limitations of these structures.
E.
Areas zoned residential or multifamily. Ponds whose intended purpose is other than that of landscaping or aesthetics, as determined by the Village Building Inspector, are prohibited. In no instance will a pond be permitted if it is not authorized, for whatever reason, by the Department of Natural Resources. The Department of Natural Resources should be consulted for any retention/detention structure. A conditional use permit is required for any pond that would exceed the standards for construction general requirements in any way unless the pond is totally and completely fenced as indicated in § 415-79.
F.
Commercial, industrial and parks and recreational zoning and municipally owned land. Alternative size and depth of landscape decorative ponds located in Commercial, Industrial and Parks and Recreation Districts and Village-owned land may be allowed upon approval of a site plan for the property by the Plan Commission.
G.
Standards for construction.
(1)
General requirements. General requirements for all ponds and fountains may not exceed the following unless the provisions of this chapter are met:
(a)
A water depth of 24 inches.
(b)
A diameter of 17 3/4 feet, or a surface area of 250 square feet.
(c)
Dug ponds: a side slope steeper than a 4:1 ratio.
(d)
Preformed ponds: a water depth of 12 inches.
(e)
The waterline of the pond must be set back from all property lines 15 feet.
(f)
Limit two ponds per lot.
(2)
Conditions to permit. The Village Plan Commission and Board may attach conditions to the issuance of a pond permit to address such things (without limitation) as maintenance, weed control, depth of pond, landscaping and aesthetics, and measures to secure the pond to avoid personal injury to trespassers.
(3)
Additional permits. Before proceeding with excavation, the applicant, in addition to obtaining a permit from the Village, must secure all necessary permits from pertinent county, state and federal government agencies.
(4)
Permit fee. There shall be a fee to cover the cost of site plan review, inspection and enforcement by the Building Inspector as set forth in the Village Rate Schedule. This fee is in addition to any conditional use permit fee when such a permit is required.