Lake Winnebago City Zoning Code
ARTICLE VI
Accessory Uses and Structures
Section 400.420 Residential Accessory Uses and Structures.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 962, 12-13-2023; Ord. No. 987, 10-29-2025]
A.
Permitted residential uses and approved special uses shall be deemed to include accessory uses, activities and structures that are generally considered permanent or semi-permanent, necessarily and customarily associated with and appropriate, incidental and subordinate to the principal residential uses and structures allowed in zoning districts. Residential accessory uses, activities and structures shall be subject to the same regulations that apply to principal uses and structures in each district, unless otherwise stated in this Chapter. Residential accessory uses and structures shall include, but not be limited to, the following:
1.
Decks, patios, porches and other non-enclosed structures abutting the residential structure.
2.
Fences and landscape walls.
3.
Attached garages and off-street parking and loading areas.
4.
Gardens.
5.
Gates.
6.
Home occupations.
7.
Gazebos provided they are constructed as an integral part of a deck attached to the home.
8.
Pools. Private swimming pools having a water depth of three (3) feet or more are permitted, provided the following conditions are met:
a.
A building permit is obtained.
b.
The pool is located a minimum of ten (10) feet from any rear lot line or side lot line and in the case of corner lots, a minimum of thirty (30) feet from the side lot line and a minimum of twenty (20) feet from a principal structure on an adjoining lot.
c.
Private pools shall not extend forward beyond the rear corner of the principal structure.
d.
A fence or wall shall enclose the pool within the homeowner's property lines and shall be suitable to and conforming with the improvements on the property with respect to type and design.
e.
In lieu of the fence or wall required in Section 400.420(A)(8)(d), a powered safety covering that complies with ASTM F1346 shall be utilized. The covering shall be closed and secured at all times when the pool is not in use.
9.
Radio and television receiving antennas, non-commercial broadcast radio towers and support structures.
10.
Recreational and play facilities for multi-family residences.
11.
Storage of recreational vehicles or equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that:
a.
All parking areas for recreational vehicles or equipment shall be asphalt or concrete.
b.
Storage shall be for a maximum of five (5) days during any thirty (30) day period in any residentially zoned area. A part of a day shall be considered a full day. Upon application to the Planning and Zoning Commission and for good cause shown, the Planning and Zoning Commission may grant in its discretion additional time during any three (3) consecutive months in which such prohibited vehicle may be parked or placed, provided however, if objections are received from two (2) or more owners of separate properties who can view such prohibited vehicle from their premises, no such permit shall be granted.
c.
It shall be unlawful for any person to occupy any recreational vehicle or equipment or permit such use thereof by another.
d.
All vehicles and equipment shall be stored such that any part thereof is not visible from the street in front of the residence or in the view of any adjoining property owners, whether from the side streets or from their residences or businesses.
e.
Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks.
12.
Storm shelters and fallout shelters.
13.
Other necessary and customary uses and structures determined by the Zoning Administrator or their designees to be appropriate, incidental and subordinate to the principal use or structure on the lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator or their designees to ensure land use compatibility.
Section 400.430 Prohibited Accessory Uses and Structures.
[Ord. No. 700 §1, 9-26-2007]
A.
The following shall not be permitted as an accessory use or structure in any residential district (agricultural districts are exempt):
1.
Carports.
2.
Any detached structure including, but not limited to, garages, barns, doll houses, tool sheds, greenhouses and above ground pools.
3.
Outdoor storage, except as specifically permitted in the district regulations.
Section 400.440 Non-Residential Accessory Uses and Structures.
[Ord. No. 700 §1, 9-26-2007]
A.
Permitted non-residential uses and approved special uses shall be deemed to include accessory uses, activities and structures that are generally considered permanent or semi-permanent, necessarily and customarily associated with and appropriate, incidental and subordinate to the principal non-residential uses and structures allowed in zoning districts. Non-residential accessory uses, activities and structures shall be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this Chapter. Non-residential accessory uses and structures shall include, but not be limited to, the following:
1.
Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;
2.
Dwelling units when used or intended to be used for security or maintenance personnel;
3.
Fences and walls;
4.
Gates;
5.
Offices for allowed businesses and industrial uses when the office is located on the same site as the principal use;
6.
Parking garages and off-street parking areas;
7.
Radio and television receiving antennas, non-commercial broadcast radio towers and support structures;
8.
Recycling enclosures;
9.
Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building;
10.
Sales of goods produced as part of allowed industrial activities when on the same site as the principal industrial use;
11.
The storage of merchandise when located within the same building as the principal business; and
12.
Other necessary and customary uses and structures determined by the Zoning Administrator or their designees to be appropriate, incidental and subordinate to the principal use or structure on the lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator to ensure land use compatibility.
Section 400.450 Accessory Use and Structure Development and Operational Standards.
[Ord. No. 700 §1, 9-26-2007; Ord. No. 932, 9-21-2022; Ord. No. 945, 6-28-2023; Ord. No. 962, 12-13-2023; Ord. No. 987, 10-29-2025]
A.
Definitions. As used in this Chapter, the following terms shall have the meanings provided below:
GOODS
Any merchandise, equipment, products, supplies, or materials.
HOME-BASED BUSINESS
A business operating in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
NO-IMPACT BUSINESS
A home-based business that:
a.
Is engaged in the sale of lawful goods and services; and
b.
Does not cause a substantial increase in traffic through the residential area; and
c.
The activities of the business are not visible from any public street; and
d.
Does not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property where the business is located; and
e.
Does not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent for the Department of Health to inspect the business during normal business hours or at any other time that the business is operating.
B.
The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:
1.
All Accessory Uses And Structures.
a.
Yard Location. All accessory structures shall be located in the rear yard with the exception of the following:
(1)
Allowed In Front Yard. Porch, non-enclosed off-street parking and loading areas (driveways), landscape gardens, storm shelters and fallout shelters.
(2)
Allowed In Side Yard. Deck, patio, porch, off-street parking and loading areas (driveways), landscape gardens, storm shelters and fallout shelters.
b.
Front Setback. No accessory structure, other than a non-enclosed off-street parking and loading area (driveway) and a landscape garden, shall be located within a required front setback.
c.
Side Setback. No accessory structure, other than a non-enclosed off-street parking and loading area (driveway), landscape garden, landscape wall and patio shall be located within a required side setback.
d.
Rear Setback. No accessory structure, other than a non-enclosed off-street parking and loading area (driveway), garden, landscape wall, patio and fence shall be located within a required rear setback.
e.
Setbacks From Easements. No accessory structure, other than a non-enclosed off-street parking and loading area (driveway), garden, fence, wall and patio shall be located within any platted or recorded easement or over any known utility. The property owner assumes all liability for the placement of an accessory structure in an easement or over a known utility.
f.
Height. No accessory structure shall exceed the maximum height standards of the zoning district, unless specifically authorized.
g.
Building Separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure.
h.
Architectural Standards. Metal facades are prohibited on accessory structures.
2.
Fences And Walls.
a.
Prior to the erection of any fence, the appropriate permit must be issued by the City. Prior to the erection of any wall over four (4) feet in height, the appropriate permit must be issued by the City.
b.
No fence or wall shall exceed four (4) feet in height except as herein provided.
c.
Privacy or screening fences shall be allowed, provided the fence does not exceed six (6) feet in height and is constructed in an area not more than six (6) feet from the patio.
d.
Fences or walls may be permitted on lake easements or walking easements, provided that proof of permission of the easement grantor is provided to the City.
e.
No fence is permitted beyond the rear corners of the structure toward the front yard.
f.
No fence or wall shall be located closer than thirty (30) feet to a side property line where the lot or tract is adjacent to a street on more than one (1) side.
g.
All fences and walls must be suitable to and conforming with the improvements with respect to type and design.
h.
Fences and walls shall be constructed and maintained so that they do not constitute a blighting influence or an element leading to the progressive deterioration and downgrade of neighborhood property value. No-impact home-based businesses shall be permitted in all residential districts and in accordance subject to the restrictions and limitations of this Chapter. No other business may be operated in a residence at any time. The term "home occupation" when used in this Code shall be interpreted to mean home-based business.
3.
Home Occupations.
a.
Home occupations shall be allowed as an accessory use in any residential zoning district, subject to the standards of this Section.
b.
Restrictions And Limitations.
(1)
No-impact home-based business must be incidental and subordinate to the principal residential use of the premises and shall not include more than twenty-five percent (25%) of the floor area of any one (1) floor of a dwelling unit, not including the floor space of any permitted accessory building used by the business. This provision shall not be interpreted as allowing an accessory building, accepted by the usual permitting process for accessory buildings.
(2)
The owner or operator of the no-impact home-based business must be an owner or tenant of the residence, must reside at the residence, and must be present at the residence during the hours the no-impact home-based business is manufacturing, providing, or selling goods or services.
(3)
The owner or operator of the no-impact home-based business may employ others to work in the no-impact home-based business.
(4)
The home occupation may be conducted in an existing detached accessory building that existed at the time this Chapter was adopted. A new accessory building shall not be constructed to house a home occupation.
(5)
Outdoor storage of materials or equipment used in the home occupation shall not be permitted.
(6)
Alterations to the exterior of the principal residential building shall not be made which change the character of the residence.
(7)
One sign, compliant with the sign code provisions for home-based businesses will be allowed. Signs must be properly maintained.
(8)
The owner or operator must provide adequate parking for the no-impact home-based business. Parking for the no-impact home-based business may include the driveway or garage of the residence or a paved parking area located behind the front plane of the residence. Adequate parking may also include parking on the street so long as:
(a)
Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.
(b)
If the owner, operator, family members of the owner or operator, employees, clients, or customers routinely park in other locations on the street(s) adjoining the residence, the business shall not be considered a no-impact home-based business. For the purposes of this Section, the term "routinely" shall mean more than twice in a given seven-day period.
(9)
The total number of persons in the home, including residents, customers, clients, employees, and all others may not exceed the maximum occupancy of the residence at any time.
c.
Licenses And Permits.
(1)
No permit shall be required to operate a no-impact home-based business, however, a business operating in a residence shall be presumed not to qualify as a no-impact home-based business unless the owner or tenant provides an affidavit, on a form approved by the City Clerk stating that the business in question is qualified. No fee shall be charged for the filing of such an affidavit. The affidavit shall contain, at a minimum, the following:
(a)
The name of the owner or tenant.
(b)
The address of the residence.
(c)
The general nature of the business, including whether the business is subject to health inspections. If the business is subject to health inspections the affidavit must have consent for inspections attached.
(d)
The maximum occupancy of the residence and a statement that the maximum occupancy will not be exceeded. It shall be the duty of the affiant to obtain this number from the Fire Department and provide proof of the same with his or her affidavit.
(e)
That the business qualifies as a no-impact home-based business.
(f)
A statement that the affiant is familiar with the provisions of this Chapter and will comply with the same.
(2)
No-impact home-based businesses and other home occupations shall be required to have a business license.
(3)
Businesses operated in a residence, which do not qualify as a no-impact home-based business must have a conditional use permit from the Planning and Zoning Commission.
d.
Penalties. Any person who operates a business in violation of this Article shall, upon conviction, be subject to a fine of not less than one hundred dollars ($100.00) and up to ninety (90) days in jail, or both. Each day of violation shall be considered a separate offense.