(a)

Building permit required. No owner shall, within the village, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the building inspector. Application for an accessory building permit shall be made, in writing, to the building inspector. With such application, there shall be submitted a fee pursuant to the village building code and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.

(b)

Principal use to be present; exception.

(1)

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.

(2)

Exception. It is allowed that a single storage shed, not greater than 12 feet in height and 144 square feet in area used solely for storage of lawn care equipment is allowed to be established prior to the establishment of a principal use or structure.

(c)

Residential districts.

(1)

Placement restrictions. An accessory use or structure in a one-family or two-family residential district may be established subject to the following regulations:

a.

Number limits. In any residential district, in addition to the principal building and attached garage, a detached garage and one additional accessory building and one children's play structure may be placed on a lot.

b.

Size limits. Garages and other detached accessory buildings shall be less than 16 feet in height. Detached garages shall not exceed 960 square feet in area. Residential greenhouses shall not exceed 400 square feet in area and shall be 12 feet or less in height. Other accessory buildings shall not exceed 200 square feet in area.

c.

Attachement restrictions. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

d.

Detached structure regulations; lot area coverage. No detached accessory building shall occupy any portion of the required front or side yard. No detached accessory structure shall occupy more than 30 percent of the required rear yard or be located within three feet of any other accessory building, principal building or lot line. The dimensions of any swimming pool, children's play structure, detached garage, tennis court and other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures. In no event can the accessory uses or structures be forward of the front line of the principal structure.

e.

Accessory structures. Notwithstanding fences, residential driveways and parking lots, unless otherwise provided by these regulations, no structure shall be located within three feet of any accessory building, principal building or lot line.

f.

Attached structures. Notwithstanding fences, residential driveways and parking lots, all structures located within 12 inches of any principal or accessory building shall be considered to be attached to said building and shall comply with all requirements for the building to which it is attached.

(2)

Use restrictions. Accessory structures in residential districts shall not involve the conduct of any business, trade or industry as defined herein and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential purposes.

(d)

Nonresidential districts; placement restrictions. Notwithstanding signs, pavement and fences as allowed within district regulations, accessory structures may be established in the front, rear or side yard and shall not be nearer than five feet to any side or rear lot line or 25 feet to a front lot line in any commercial or industrial district. The design and materials of any accessory structure which may be proposed to be located under this section within a front setback must have prior approval of the plan commission.

(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 three feet to the side line of the adjacent structure.

(f)

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. Under no circumstances may a tent be used as a dwelling or an accessory structure.

(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.

(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 one-half 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, sun dials, 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 lot lines and any series of such walls.

(l)

Children's play structures. For purposes of this section, children's play structures, including playhouses, tree houses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section whether such play structures are placed on a foundation or not. Swing sets, slides, sandboxes, and other generally portable play devices are not considered children's play structures for purposes of this section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.

(m)

Terrace area restrictions. In addition to the definitions and restrictions contained in sections 40-66 and 40-148, no person shall place any accessory structure or use, including basketball backboard/hoops, in the terrace area.

(n)

Portable storage units.

(1)

Permitted zoning districts: RC, RT, RM, MH. When incidental to a residential dwelling:

a.

A temporary use permit is required pursuant to this section.

b.

One portable storage unit shall be the maximum number allowed on a lot for no more than 30 consecutive days and no more than 60 total days per calendar year.

c.

The portable storage unit shall be placed on an impervious surface.

d.

The portable storage unit shall not be located within ten feet of a street property line.

e.

The portable storage unit shall not be located within the vision corner.

f.

Portable storage units shall not be used for the purposes of a garage or shed.

(2)

Permitted zoning districts: CH, CB, CS, ID, IT. When incidental to a permitted principle use:

a.

No more the three temporary use permits per business shall be issued per calendar year.

b.

Two portable storage units shall be the maximum allowed per temporary use permit.

c.

The maximum time limit per temporary use permit shall be 30 days.

d.

Portable storage units shall be placed on an impervious surface.

e.

Portable storage units may be placed on a lot within a designated loading space.

f.

The portable storage unit shall not be located within the required front setback unless permitted by the community development director.

g.

Portable storage units shall not be used for the purposes of a garage, shed or other on-site storage.

(o)

Safety. All accessory structures shall be secured to the ground by a foundation, appropriately sized ground anchors or in a manner approved by the building inspector.

(p)

Public sharing box exchanges.

(1)

Permit required from the community development department. With such application there shall be submitted a fee pursuant to the village building code and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed structure with respect to adjoining alleys, lot lines and buildings.

(2)

Must securely protect their contents from infestation rainfall and other weather hazards, be safely secured, e.g. to the ground or a wall, and be clearly marked in such a way to clearly indicate that the box is a book, food or other type sharing box and part of an exchange. The box may be located in the front yard area but, shall not obstruct any vision triangle and must be at least one foot off the property line and at least 15 feet from a driveway, easily accessible, maximum height of six feet and maximum width of four feet. No sharing box may be located in the rear or side yard or an unsafe location as determined by the community development director. Boxes shall be maintained so they do not give an appearance of blight or disrepair. Any lighting must be approved by community development department, shall not be a nuisance to neighbors, and all electrical must be in compliance with the Building Code.

(3)

By establishing a sharing box exchange, the property owner is automatically establishing an easement for public access to the exchange box. To ensure the safety of the public and those using the box, the fire chief/fire inspector, police chief and public health officer (or their designees) shall have unrestricted access to the boxes (and contents) for the purpose of inspection and compliance with this ordinance and any other applicable codes.

(Code 2006, § 13-1-200; Ord. No. 13(Ser. of 2008), § 1, 11-5-2008; Ord. No. 1, (Ser. of 2023), 1-18-2023)

(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)

No person shall store in the open more than two full cords of firewood in any residential district. No open storage of firewood shall exceed a dimension of four feet high, eight feet wide, and eight feet in length. No firewood shall be stored in any front yard or closer than two feet to any residential lot line.

(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 or 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.

(Code 2006, § 13-1-201)

No manure, rubbish, inoperable vehicles, salvage material or miscellaneous refuse may be stored within any residential 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. Outside storage in commercial or industrial districts shall be located within an opaque fenced area; outside storage is not permitted in any required front yard.

(Code 2006, § 13-1-202)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fence means an enclosed barrier consisting of vegetation, wood, stone, metal or other solid material intended to prevent ingress or egress. 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)

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 regulated. Notwithstanding other provisions of these regulations, ornamental fences, walls and hedges may be permitted in any required yard or along the edge of any required yard provided no such opaque fence or wall shall exceed a height of 42 inches in any yard abutting a street, a fence or wall over 42 inches but under 48 inches with 50 percent open to vision shall be allowed in a yard abutting a street. No such fence, wall shall exceed a height of six feet in any other required yard.

(1)

A fence in the rear yard and/or one side yard, not abutting a street, of a residential property that abuts an industrial zoned property and may build a fence up to eight feet tall.

(d)

Setback for residential fences. Fences in or adjacent to a residential property may be constructed along lot lines.

(e)

Security fences. Security fences are not permitted in any required front yard in any district. Security fences are permitted on side and rear property lines in all districts except residential districts, but shall not exceed ten 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 in a dangerous condition, or which 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 eight feet above the ground in height. Devices securing barbed wire attached to fences placed on a property line shall not project over said line.

(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.

(i)

Nonconforming fences. Any fence existing on the effective date of the ordinance from which this section is derived may be maintained, but no alteration, modification or improvement of said fence shall conflict with this section.

(Code 2006, § 13-1-203; Ord. No. 17(Ser. of 1994), 10-5-1994; Ord. No. 6(Ser. of 2023), § 1, 5-17-2023; Ord. No. 8(Ser. of 2023), § 1, 10-4-2023)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Swimming pool means an outdoor basin, chamber, tank, or structure containing a body of water in a receptacle or other container having a depth for water at any point greater than two 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 of residential swimming pool.

(b)

Exempt pools. Storable children's swimming or wading pools, with a maximum wall height of 24 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)

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, an application for a swimming pool 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 work shall be commended 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 (b) of this section, 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 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 system, onto lands of other property owners adjacent to that on which the pool is located on 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, Wis. Admin. Code ch. COMM 16, Wisconsin Electrical Code Volume 2, The National Electrical Code (NEC) and village ordinances regulating electrical installations.

(e)

Setbacks and other requirements. No part of the swimming pool, accessory building, structure, or equipment shall be closer than three feet to any side or rear lot line or closer to the street than the front set back line of the main building except that if the pool is located in a side yard closer to the street property line than the rear wall of the main building it shall not be closer than seven feet from the side lot line. The pool shall be so located that no line or wire shall extend over or under the pool.

(f)

Fence. Fence enclosure requirements for swimming pools are as follows:

(1)

All swimming pools shall be enclosed with an adequate and secure fence at least 48 inches high above the adjoining grade and so constructed as to prohibit the passage of a six-inch sphere between fence members, and fence and grade bottom. Pools with self-supporting sides not less than 46 inches above grade or which could afford unauthorized access to the pool are exempt from the fence requirement; provided, however, that fencing is required in the area of any filtering equipment connected to and adjacent to the immediate outside of the pool. Such fencing shall be constructed so as to extend two feet to either side of the equipment and to prevent access to the pool area from the filtering equipment. A pool dome attached to the pool shall be considered an acceptable substitute for fencing as a pool top provided the height requirements are met.

(2)

Pool gates or ladders shall be provided with self-closing and self-latching devices which manually require a release to be brought down to the grade position and, when retracting, automatically lock in the above grade position at least 30 inches above grade.

(3)

Any pool lighting shall be shielded to prevent the lighting of adjacent residential properties.

(4)

A 36-inch-wide level area/space shall surround and separate unfenced pool from any retaining wall or raised landscaping.

(g)

Compliance. All swimming pools existing at the time of passage of this Code of Ordinances not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.

(h)

Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer 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 installation shall be subject to prior approval by the plumbing inspector.

(i)

Filter system required. All private swimming pools within the meaning of this chapter must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(j)

Dirt bottom 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.

(Code 2006, § 13-1-204)

All detached energy systems using fuel such as wood, coal, or other solid fuel, liquid fuel, or waste oil burners, boilers, furnaces, or generators, associated with the production of useable heat or energy, which are not located within the primary structure shall be considered an accessory use and shall only be permitted in accordance with the following:

(1)

Location. The location restrictions are as follows:

a.

Detached energy systems shall not be located in a front or street yard location.

b.

Minimum setbacks to side and rear yards shall be 200 feet; minimum setback to an adjacent front yard or street yard residence shall be 200 feet; minimum chimney stack or exhaust stack height shall be 20 feet.

(2)

Impacts. The impact restrictions are as follows:

a.

No detached energy system shall create an undesirable impact upon adjacent property or otherwise create a public nuisance.

b.

All detached energy systems are required to meet emission standards required by the Environmental Protection Agency, State Department of Natural Resources, and Underwriters Laboratories listing.

(Code 2006, § 13-1-205; Ord. No. 14(Ser. of 2004), 8-5-2004)