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Marshall Village City Zoning Code

ARTICLE 1

K Accessory Uses And Structures; Fences And Hedges


(Revised Ord. 2010-04, May 11, 2010)

13-1-140 Accessory Uses Or Structures

  1. 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 in this section or in Section 13-1-24 including the figures in that section.
  2. Quantitative and Placement Restrictions.
    1. Number of Accessory Buildings. In the R-1S, R-1L, R-1W, and R-2 districts, a maximum of one garage per dwelling unit (either detached or attached to the principal building but not both), plus one additional accessory building per unit is permitted.
    2. Detached Accessory Building Dimensional Restrictions. Per Section 13-1-24 including the figures in that section.
    3. Attached Structures. All structures attached to the principal building shall comply with the yard/setback requirements of the principal building. The overhead door serving the third garage stall of any three-car attached garage in the R-1S district shall be set back at least two (2) feet from the other overhead door(s), except where one or more overhead garage doors faces a street side yard instead of the front yard.
  3. Use Restrictions Residential District. Accessory buildings in residential 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.
  4. Temporary Accessory Structures. Temporary accessory structures, 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 for a limited term.
  5. Retaining Walls. Retaining walls may be permitted anywhere on a lot, except not closer than three (3) from any public right-of-way line. No individual retaining wall shall exceed six (6) feet in height, and a terrace of at least three (3) feet in width shall be provided between any series of such walls.
HISTORY
Repealed & Replaced by Ord. 2025-04 on 7/8/2025

13-1-141 Outside Storage Of Firewood

  1. 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 thirty (30) days from the date of its delivery.
  2. Firewood should be neatly stacked and may not be stacked closer than two (2) feet to any lot line and not higher than six (6) feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this Section shall not include hedges and other vegetation.
  3. All brush, debris and refuse from processing of firewood shall be promptly and property disposed of within fifteen (15) days and shall not be allowed to remain on the premises.
  4. 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.
  5. Not more than twenty percent (20%) of the side and rear yard may be used for storage of firewood at any one (1) time.

13-1-142 Fences And Hedges

  1. Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fences, hedges, landscaping walls and decorative fences or posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
  2. Applicability. The requirements of this section apply to all fences, hedges, landscape walls, and decorative fences or posts for all land uses and activities.
  3. Permits required. Fences, hedges and landscape walls may only be constructed following issuance of a permit by the Building Inspector; such permit application is to be accompanied by a description and/or sketch of the proposed fence.
  4. Permits not required. A permit is not required for the installation of a temporary fence or for a decorative fence or post.
  5. Definitions:
    1. Architectural or Aesthetic Fence, decorative posts. A fence or post constructed to enhance the appearance of the structure or the landscape; a fence intended for decorative purposes only and not intended to prevent escape or intrusion or to mark a boundary and not forming an enclosure.
    2. Hedge. A row of bushes of small trees planted close together which may form a barrier, enclosure or boundary.
    3. Fence. A barrier intended to prevent escape or intrusion or to mark a boundary, which forms an enclosure. Fence includes a security fence, which is a fence constructed to enclose a hazard to the public health, safety and welfare.
    4. Landscaping Walls. A wall incorporated into the landscaping of a property, including walls constructed to retain or prevent soil movement.
    5. Temporary fence. Fences erected for the protection of planting, limiting snow drifting, protection of excavation and construction sites, or to warn of construction hazard, or for similar purposes.
  6. Materials.
    1. Residential Districts. Acceptable materials for constructing fences, landscape walls, and decorative fences or posts include wood, stone or other landscaping blocks, vinyl, brick, wrought iron, chain link with a top rail, and wire mesh with a top rail.
    2. Nonresidential Districts. Acceptable materials for constructing fences, landscape walls, and decorative fences or posts include wood, stone or other landscaping blocks, brick, wrought iron, chain link with a top rail and wire mesh with a top rail. Up to three strands of barbed wire fencing is permitted on top of security fences at heights equal to or greater than five and one-half (5½) feet; coiled barbed wire is prohibited.
    3. Temporary fences. Fences constructed of wood and wire (such as snow fences), and/or plastic shall be permitted only as temporary fences.
  7. Location. Per Section 13-1-24 including the figures in that section.
  8. Height of Fences Regulated. Per Section 13-1-24 including the figures in that section.
  9. Prohibited Fences.
    1. No above-ground fence shall be constructed which is of an otherwise unsafe or 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 security fences under paragraph (f) of this section.
    2. Fences under thirty (30) inches in height 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 are prohibited.
  10. Fences to be Repaired. All fences, hedges, temporary fences, landscaping walls and decorative fences or posts shall be maintained and kept safe and in a state of good repair. The finished side or decorative side of a fence or decorative fence or post shall face adjoining property.
  11. Nonconforming Structures. Any fence, hedge, landscaping wall or decorative fence or post existing on the effective date of this Section and not in conformance with this Section may be maintained, but any alteration, modification or improvement of said fence shall comply with this Section; all non-conforming structures are subject to Paragraph (j) of this Section.
  12. Enforcement. Any person who shall violate any provision of this Section shall be subject to a penalty as provided in Section 1-1-6. Violation of Paragraph u) of this section shall be deemed a public nuisance, subject to abatement pursuant to Sections 11-6-6 and 11-6-7.

(rev. 11/01)

HISTORY
Amended by Ord. 2025-04 on 7/8/2025

13-1-143 Swimming Pools

  1. 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 any point greater than one and one-half (1½) 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 or residential swimming pool.
  2. Exempt Pools. Storable children's swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of fifteen (15) 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.
  3. Permit Required. Before work is commenced on the construction or erection of a private or residential swimming pool 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 the work shall be commenced until a written permit for such work is obtained by the applicant. A current fee shall accompany such application.
  4. 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), 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 on, 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 and Village Ordinances regulating electrical installations.
  5. Setbacks and Other Requirements.
    1. Private swimming pools shall be erected or constructed on rear or side lots 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.
    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 water line of any pool be less than six (6) feet from any lot line.
  6. Fence.
    1. Pools within the scope of this Section which are not enclosed within 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 six (6) feet in height and so constructed as not to have voids, holes or openings larger than four (4) inches in one (1) dimension. Gates or doors shall be kept locked while the pool is not in actual use.
    2. The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of thirty-six (36) inches high on the top, or if the sidewalls are unobstructed and a minimum of thirty-six (36) inches high. Such pool must have secure access by use of self-closing/self latching gates.
  7. Compliance. All swimming pools existing at the time of passage of this Code of Ordinances not satisfactorily fenced are not required to comply with the fencing requirements of this Section.

2025-04