Lowell Town City Zoning Code
ARTICLE X
Accessory Uses and Structures
§ 295-72 Accessory uses or structures.
[Amended 4-9-2019 by Ord. No. 2019-3 (Attachment A)]
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, except as may be provided under § 295-9C.
B.
Placement restrictions and guidelines. An accessory use or structure may be established subject to the following regulations and guidelines:
(1)
Standards in all zoning districts.
(a)
Any accessory use or structure shall conform to the applicable regulations of the district in which it is located unless as specifically otherwise provided in § 295-72B(2).
(b)
Any accessory use or structure shall conform to the requirements of § 295-12, Highway setback lines.
(c)
Where a zoning district does not provide specific regulations for the setback, height, or area requirements for an accessory use, it shall be presumed that they shall be the same as those of the principal structure, unless otherwise provided for elsewhere within this chapter.
(d)
An accessory building shall not be nearer than 10 feet to any primary structure.
(e)
Accessory dwelling units shall be located in accordance with § 295-44, Accessory dwelling units (ADUs).
(f)
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 five feet to the side line of the adjacent structure.
(g)
Where accessory uses or structures are proposed closer to the front property line than the primary structure, but still within the minimum front yard setback requirements, applicants shall locate the structure so as not to block the view of the primary structure from the road directly in front of the primary structure. This shall be achieved by locating the structure outside of an imaginary building envelope within the front yard area extending along imaginary lines from the sides of the primary structure perpendicular to the front property line.
(2)
Guidelines in all zoning districts. The following guidelines have been established to further enhance the aesthetics of the Town. Applicants for proposed accessory uses and structures are encouraged to adhere to these guidelines to the extent feasible per existing site conditions.
(a)
In instances where the primary structure is set back further than the minimum front setback requirement for the property, it is the preference of the Town to locate accessory uses and structures no closer to the front property line than the primary structure.
(b)
Use materials and colors which match or complement those of the principal structure. The use of bright or neon colors as the primary building color should be avoided, particularly when the accessory structure is visible from the street.
(c)
Use a similar roof pitch as those of the principal structure.
C.
Use restrictions - residential districts. Accessory uses or structures in the R-1 or RC-1 Districts shall not involve the conduct of any business, trade or industry except for home occupations as defined and authorized herein and shall not be occupied as a dwelling unit, unless otherwise permitted under Sec. 13-1-77 Accessory Dwelling Units.
§ 295-73 Fences.
A.
Definitions. For the purpose of this section:
ARCHITECTURAL OR AESTHETIC FENCE
A fence constructed to enhance the appearance of the structure or the landscape.
BOUNDARY FENCE
A fence placed on the property lines of adjacent properties.
FENCE
Any artificially constructed barrier of any materials erected to enclose or screen areas of land or limit ingress/egress thereto. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
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.
PROTECTIVE FENCE
A fence constructed to enclose a hazard to the public health, safety and welfare.
B.
Height of residential fences regulated.
(1)
Except as provided in § 295-48, a fence or wall may be erected, placed, or maintained along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no fence or wall that is located in a required front or corner side yard shall exceed a height of three 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 or wall along such lot line.
(2)
No fence or wall shall be erected, placed or maintained along a lot line on any business or industrially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
(3)
In any residence district, no fence or wall shall be erected, constructed or maintained to a height exceeding four feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected (see § 295-48).
C.
Setback for residential fences.
(1)
Fences in or adjacent to a residential property 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. Fences shall be located no closer than two feet to a right-of-way.
(2)
In those cases where the rear yard is a shore yard, fences located between the shore yard setback line and half the distance to the ordinary high-water mark shall adhere to the rear yard standards. The remaining shore yard shall adhere to the street yard standards.
D.
Industrial security fences. Security fences are permitted in industrial districts 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, wrought iron, or chain link fencing, unless otherwise provided by conditional use permit.
E.
Salvage yard fences. When deemed appropriate by the Town Board or where required by Town ordinance, salvage yards or properties where a substantial part of the business located thereon involves the use and/or storage of salvage, junk, disassembled or inoperable materials, vehicles or equipment, may be required to provide screening consisting of fencing or plantings. The type and design of such fencing or screening shall require Town Board approval.
F.
Prohibited fences. No residential fence shall be constructed 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 if adjacent to an agricultural parcel or in industrially zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground or higher and project toward the fenced property and away from any public area.
[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.
I.
Nonconforming fences. Any fence existing on the effective date of this code and not in conformance with this section may be maintained, but any alteration, modification or improvement of more than 50% of said fence shall result in the entire fence being brought into compliance with this section.
J.
Farm fences. Farm fences on agriculturally zoned lands shall comply with the standards for agricultural fences in the Wisconsin Statutes.
K.
Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his/her property.
[Amended 5-14-2019 by Ord. No. 2019-4]
L.
Fence viewers. The Town Supervisors of the Town of Lowell shall perform the function of fence viewers pursuant to Chapter 90 of the Wisconsin Statutes. In accordance with such statutory authority, the fence-viewing role of the Town Supervisors shall be limited as follows:
[Added 5-14-2019 by Ord. No. 2019-4]
(1)
The Town Supervisors are not authorized to settle boundary disputes.
(2)
In the event of a boundary dispute concerning a partition fence, if the fence viewers determine that the boundary dispute significantly impairs the fence viewer's ability to perform its functions pursuant to Chapter 90 of the Wisconsin Statutes, the fence viewers may await resolution of the boundary dispute before making the determinations authorized or required by Chapter 90 of the Wisconsin Statutes.
