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.

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

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.

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.

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, sundials, birdbaths, trees, shrubs and flowers and gardens.

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.

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 that:

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.

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.

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.

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.

Firewood should be neatly stacked and may be stacked not 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.

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.

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 the Code of the City of Manawa.

Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.

Fences defined. For the purpose of this section, a "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.

Fences categorized. Fences shall be categorized into six classifications:

Height of fences regulated.

Location. No fence shall be located within one foot of the public street right-of-way on any lot in a residential area.

Construction.

Setback for residential fences. Fences in or adjacent to a residential property are permitted along lot lines.

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.

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.

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.

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.

Nonconforming fences and hedges. Any fence or hedge 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 said fence shall comply with this section.

Introduction and definitions. No holder of a "Class B," Class "B" and/or "Class C" license or any license or permit issued by the State of Wisconsin, Ch. 125, Wis. Stats., may operate under said license(s) in any outdoor area, whether or not said outdoor area was included in a description of the premises, without first having obtained the permission of the Common Council subject to the conditions of this section. Approval under this subsection by the Common Council shall result in the outdoor area becoming a part of the description of the premises, with said outdoor area also being subject to all state and City laws, rules, regulations, and lawful orders governing "Class B," Class "B" and/or "Class C" premises, or any license or permit issued by the State of Wisconsin pursuant to Ch. 125, Wis. Stats. As used in this subsection, the following terms shall have the meanings indicated:

Application. Application for an outdoor extension of a "Class B," Class "B" and/or "Class C" license shall be made to the City Clerk on forms furnished by the City Clerk. The application shall include a map describing the outdoor area sought to be included within the description of the licensed premises. In the event that such map is omitted and the "Class B," Class "B" and/or "Class C" license is granted and issued, said license shall not be deemed to include an outdoor area within the description of the licensed premises.

Requirements. Outdoor premises approved under this section are subject to the following requirements:

Three or more noise complaints filed against the owner of an outdoor premises during a license period, and verified by the Police Department, shall constitute sufficient grounds to revoke the outdoor premises permit granted under this section. All revocation proceedings may be subjected to a formal hearing in the presence of the Protection and Welfare Committee and members of the Manawa City Council.

Sidewalk cafes. Outdoor premises may be located on public sidewalks, subject to approval by the Common Council. Sidewalk cafes shall comply with the following requirements:

Severability. The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code, for the Common Council declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provisions.

Penalties.

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 of water at any point greater than 1 1/2 feet, located above or below the surface of ground elevation and used or intended to be used solely by the owner, operator or lessee thereof and his or her 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.

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.

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 Clerk-Treasurer. Plans and specifications and pertinent explanatory data should be submitted to the Clerk-Treasurer 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. A fee of $30 shall accompany such application.

Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction as provided for in Subsection C unless the following construction requirements are observed:

Setbacks and other requirements.

(Reserved)[1]

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

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. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Board of Health shall be necessary before the construction of any such pool may commence.

(Reserved)[2]

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.

Intent. It is recognized that there is a need for some persons to use their place of residence for limited nonresidential activities. It is the purpose of this section to allow limited commercial and industrial activity in a residential area, to the extent that only limited amounts of pedestrian and vehicular traffic are generated.

Standards. All home occupations shall conform to the following standards: