Mazomanie Village City Zoning Code
ARTICLE X
Accessory Uses and Structures; Fences and Hedges
§ 415-84 Accessory uses and structures.
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.
B.
Placement restrictions. An accessory use or structure in a residential district may be established subject to the following regulations:
(1)
Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.
(2)
Accessory building size limits. No detached accessory building or structure shall exceed the height of the principal building or structure.
(3)
Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.
(4)
Detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 40% of the required rear yard or be located within three feet of any other accessory building. An accessory building shall not be nearer than 10 feet to the principal structure unless the applicable building code regulations in regard to one-hour fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure.
[Amended 9-22-1998 by Ord. No. 1998-6]
(5)
Accessory building setbacks. Accessory building setbacks shall be as prescribed for each zoning district.
C.
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,[1] and shall not be occupied as a dwelling unit.
D.
Placement restrictions, nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall have setbacks as prescribed in each zoning district.
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 five feet to the side line of the adjacent structure.
F.
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.
G.
Temporary uses. Temporary accessory uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a 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 that:
§ 415-85 Outside storage of firewood.
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.
Firewood shall 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 subsection shall not include hedges and other vegetation.
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.
E.
Not more than 15% of the side and rear yard may be used for storage of firewood at any one time.
§ 415-86 Fences and hedges.
[Amended 12-8-2006 by Ord. No. 2006-2; 6-14-2011 by Ord. No. 2011-1; 8-22-2023 by Ord. No. 2023-7]
A. BOUNDARY FENCE DECORATIVE FENCE FENCE PICKET FENCE PROTECTIVE FENCE SECURITY FENCE
Fences defined. For the purpose of this section, the following definitions apply:
A fence placed two feet from the property lines of adjacent properties, unless a variance is granted pursuant to § 415-86C(3) below.
A fence which utilizes natural materials such as wood or stone, or which utilizes ornamental vinyl or steel or any combination of these materials, and which fence is constructed to enhance the appearance of a structure or the landscape. Wire, chain link or cyclone types of fencing materials are not considered decorative. Rail and picket fences are examples of decorative fences; and this listing is not exhaustive.
An enclosed barrier consisting of wood, plastic, stone or metal or any combination of these materials, intended to prevent ingress or egress. No fence shall be constructed of unsightly materials or materials which would constitute a nuisance.
A fence having a pointed or rounded post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.
A fence constructed to enclose a hazard to the public health, safety and welfare.
A fence constructed in such a manner as to enclose an area and keep unauthorized persons from entering.
B.
Height of fences regulated.
(1)
Alleys. There shall be a maximum height of four feet for all fences adjacent to an alley.
(2)
Street side and boundary fences. There shall be a maximum height of four feet for all fences adjacent to a public street and in the side yard area for distances from the front property line to a line drawn parallel to the front property line, initiating from a point a maximum of one foot forward of the rear corner of the main body of the house to the side property line. Beyond that point, there shall be a maximum fence height of six feet.
(3)
Corner lot fences. On a corner lot, where the lot lines abut a public street, there shall be a maximum fence height of four feet. For the rear lot area directly behind the house, including one foot toward the side street of the lot and one foot toward the front of the house, the maximum height of a fence may increase to six feet. For the non-street side of the property, the other provisions of this section apply.
(4)
Special circumstances. Where such lot line is adjacent to commercially or industrially zoned property, there shall be an eight-foot limit on the height of a fence or wall along such lot line.
C.
Setback for residential fences.
(1)
Alleys. There shall be a minimum setback of four feet from all alleys.
(2)
Street side and boundary fences. There shall be a two-foot setback from all property lines. On a corner lot where streets or alleys intersect, there shall be a ten-foot vision triangle from the corner of the property.
(3)
Exceptions to the setback for residential fences. An exception to the two-foot setback for a fence in a residential area may be obtained if there is a written agreement between all adjoining property owners agreeing to the variance. A copy of this written agreement must be filed with the Village Clerk and placed in the property folders of all properties involved.
(4)
Invisible fences. Invisible fences may not be placed closer than three feet from all property lines.
D.
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 on an open type similar to woven wire or wrought iron fencing.
F.
Prohibited fences. No fence shall be constructed 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 in height and project toward the fenced property and away from any public area.
G.
Temporary fences. Fences erected for the protection of plantings or to warn of construction hazards, 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 in any calendar year.
H.
Hedges, shrubbery and trees. At maturity, hedges, shrubbery and trees shall be located no closer than two feet from any property line. Hedges, shrubbery and trees adjacent to any alley must be located no closer than four feet from the alley. Plantings that are placed in the vision triangle area of a corner lot shall not exceed two feet in height from the street level. All plantings must be trimmed to meet these limitations.
I.
Application of plat restrictions or covenants to the fence ordinance. Nothing contained herein shall be interpreted or construed to permit or authorize the construction or installation of fences or plantings otherwise prohibited or restricted by recorded plat restrictions or covenants.
J.
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.
K.
Fence permit required. No permanent fence shall be erected in the Village until a permit for the same has been granted by the Building Inspector. Application for a fence permit shall be on a form provided by the Building Inspector and accompanied by specifications or a design sketch for his approval. A permit fee established by resolution of the Village Board shall accompany such application.
§ 415-87 Swimming pools.
A. PRIVATE OR RESIDENTIAL SWIMMING POOL
Definition. For purposes of this section, the following definition shall apply:
An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface or 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.
B.
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.
C.
D.
Standards. The Building Inspector shall issue a permit for a private swimming pool not conducted for profit or gain if the Inspector determines that the health, safety and welfare of the neighborhood will be secure, that such use will not be detrimental to the general character of the neighborhood or to the orderly development of the Village and will not create a nuisance, a hazard, or an eyesore or otherwise result in a substantial adverse effect on neighboring properties or be in any other way detrimental to the public health, safety or welfare, and that the proposed construction and use will otherwise meet the requirements of this section.
E.
Fencing.
(1)
In-ground pools. All outdoor, in-ground swimming pools shall be completely enclosed with a fence or other solid structure of sufficient strength to prevent unguarded entry not less than four feet nor more than six feet in height completely enclosing the pool. Such a fence or structure shall not be closer than three feet to the pool, except where the wall of a house is incorporated as a portion of such fence or enclosure. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when the pool is not in actual use. All gates or doors shall be equipped with a self-closing and self-latching device.
(2)
Aboveground pools. Aboveground pools with a surrounding deck at the top of pool level or self-provided fencing that can be secured against entry may satisfy the enclosure and safety requirements of Subsection E(1). Stationary ladders, stairs, ramps or similar permanent access from grade to aboveground pools shall have safeguard fencing and gates equivalent to that required by Subsection E(1).
(3)
Existing pools. Enclosures on existing pools shall be inspected by the Building Inspector for compliance with this Subsection E.
(4)
Variations. Variations in enclosure requirements may be approved by the Zoning Board of Appeals, provided that such variations do not adversely affect the safety of the public.
F.
Location.
(1)
Locational requirements. 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 pools 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 the lot line.
(2)
Setbacks. 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 feet from any lot line.
G.
Maintenance.
(1)
Filtration system. All swimming pools shall have a filtration system capable of keeping the water in the pool in a sanitary condition.
(2)
Chlorination. Gaseous chlorination systems shall not be used as a disinfection method for pool waters.
(3)
General. A swimming pool shall be maintained in a safe and sanitary manner. The Building Inspector shall periodically inspect all swimming pools to determine whether or not the applicable provisions of this section are being complied with.
(4)
Discharge into Village sewers prohibited. The water in a swimming pool shall not be discharged into the Village sanitary sewage system.
(5)
Electrical requirements. All electrical installations in conjunction with a swimming pool shall be in conformance with state law and Village ordinances regulating electrical installations. If overhead floor or other artificial lights are to be used to illuminate the pool at night, such light shall be shielded to direct light only on the pool.
(6)
Compliance. All swimming pools existing at the time of passage of this chapter, not satisfactorily fenced, shall comply with the fencing requirements of this section, or when water is placed in the pool.