(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. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(b)

Placement restrictions in residential district. 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 limit of two additional accessory buildings or structures may be placed on a lot.

(2)

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

(3)

Detached accessory buildings.

a.

No detached accessory building shall occupy any portion of the required front yard, and the total area of all detached accessory buildings shall not occupy more than ten percent of the lot or parcel area.

b.

Any accessory building, use or structure shall conform to the applicable height and other regulations of the district in which it is located, except as specifically otherwise provided herein, except that when an accessory building is located forward of the rear building line of the principal building it shall satisfy the same side yard requirements as the principal building.

c.

No accessory building other than a garage in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than three feet from all lot lines and from any other building or structure on the same lot; except as provided in subsection (h) of this section. An accessory building shall be set back at least five feet from the rear corner of the main building; provided, alternatively, an accessory building in a residential zone must maintain a 30-foot setback from the front property line with an eight-foot setback from the side yard.

d.

Existing accessory buildings may be rebuilt in their current location, with increased footprint or alternative design at the discretion of the building inspector. Property line determination is the sole responsibility of the homeowner. A certified survey map (CSM) may be requested, at the discretion of the building inspector. In no event shall the footprint of the structure be more than 15 percent greater than the existing structure.

(c)

Use restrictions in 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.

(d)

Placement restrictions in 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 not be nearer than ten feet to any side or rear lot line.

(e)

Reversed corner lots. When an accessory structure is located on the rear of a reversed frontage 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 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 flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs, flowers and gardens.

(g)

Permanent accessory buildings.

(1)

Lot area and height. Accessory buildings which are not part of the main building shall not occupy more than ten percent of the lot area, shall not be more than 15 feet high, and shall not be nearer than three feet to any lot line. In the R-IV and R-V districts, accessory buildings which are not a part of the main building shall be limited to ten percent of the lot area.

(2)

Setback. An accessory building shall be set back at least five feet from the rear corner of the main building; provided that such setback need not exceed 60 feet from the front lot line. Accessory buildings on corner lots shall not be nearer than ten feet behind the main building line, extended on the side of the lot abutting the other or side street. Where an accessory building has an entranceway fronting an alley, such entrances shall be located not less than ten feet from the nearest alley line, except an accessory building may be located not less than five feet from the nearest alley line provided no entranceway shall front an alley. The above height and area restrictions shall not apply to accessory buildings on farms of ten feet or more acres in area, but such accessory buildings shall not be closer than 100 feet to any lot line. Where an accessory building is part of the main building or is substantially attached thereto, the side yard and rear yard requirements for the main building shall be applied to the accessory building.

(3)

Front yard setback. An accessory building in residential zones must maintain a 60-foot setback from the front property line with a three-foot setback from the side yard or as a permissible alternative, an accessory building in a residential zone must maintain a 30-foot setback from the front property line with an eight-foot setback from the side yard.

(h)

Temporary accessory buildings. Temporary accessory buildings 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. There shall be an annual fee, as established by the common council from time to time and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.

(i)

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 that:

(1)

Such private garage shall be located not less than five feet from the front lot line;

(2)

The floor level of such private garage shall be not more than one foot above the curb level; and

(3)

At least one-half the height of such private garage shall be below the mean grade of the front yard.

(j)

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.

(k)

Lawn accessories. Paved terraces, patios, walks and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, trellises, etc., shall be permitted in setback areas, but not closer than three feet to an abutting property line other than a street line.

(l)

Retaining walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed five feet in height, and a terrace of at least three feet in width shall be provided between any series of such parallel walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

(m)

Temporary structures—Storage use and maintenance. Any accessory structure used for storage, which does not meet the requirements of the uniform dwelling code, shall be deemed to be a temporary structure. Such temporary structures are not permitted to remain on any lot within the city for longer than 180 days in any 12-month period. Such temporary structures shall otherwise be safe, sanitary and fit for human use and not be so dilapidated or unsightly as to negatively affect surrounding properties. Any person desiring to erect a temporary structure shall first register the plans for the structure with the zoning administrator. There shall be an annual fee, as established by the common council from time to time and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code, for such structure. Such structure must be registered with the zoning department and the applicable fee paid to the city.

(n)

Shipping containers, semi-trailers, or similar structures. Shipping containers, semi-trailers, or similar structures are permitted as storage facilities in an industrial district only. Shipping containers, semi-trailers, or similar structures are permitted as temporary storage facilities in a business or thoroughfare commercial district by conditional use or for a maximum of 30 days in a 12-month period. Shipping containers, semi-trailers, or similar structures are prohibited in residential districts or residential use properties. A special exception may be given by the zoning administrator for storage purposes for moving or permitted property renovation for a maximum of 30 days. The zoning administrator may extend the timeframe upon request of the property owner for special circumstances. Shipping containers, semi-trailers, or similar structures may not be modified or used for any other purpose than temporary storage. Any person or business that intends to place a shipping container, semi-trailer, or similar structure on a property must register it with the zoning department prior to such placement and pay the applicable fees.

(o)

Solid fuel-fired outdoor heating devices.

(1)

Public purpose. The purpose of this subsection is to promote the health and well-being of the residents of the city.

(2)

Definitions. The following words, terms and phrases, when used in this subsection (o), shall have the meanings ascribed to them in this subsection (o)(2), except where the context clearly indicates a different meaning:

Solid fuel-fired outdoor heating devices means an outdoor device designed or constructed for solid fuel combustion so that the usable heat derived is for the interior of buildings.

(3)

Prohibition. The construction or use of solid fuel-fired outdoor heating devices within the city limits is prohibited.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2020-07, § 1, 2-11-2020; Ord. No. 2021-15, § 1, 10-12-2021)

(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 not be stacked 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. The term "fences" does not mean or include hedges and other vegetation for purposes of this section.

(c)

All brush, debris and refuse from the processing of firewood shall be promptly and properly disposed 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 that harbor or are infested or inhabited by rats or other vermin are a public nuisance and may be abated pursuant to the provisions of this Code.

(e)

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

(Ord. No. 2011-12, 12-13-2011)

Any nonresidential use which is in, abuts, is adjacent to, or is across from any residential district and which is not conducted within a completely enclosed building (junkyards, storage yards, lumberyards and building materials yards, and parking lots, for example), shall be entirely enclosed by a fence or landscaping sufficient to effectively shield such uses. Uses such as nurseries and the display for sales purposes of new and used vehicles, or other outdoor display for sales purposes shall provide screening from abutting residential uses. Such fencing, landscaping or screening shall substantially prevent the visual observance of the display.

(Ord. No. 2011-12, 12-13-2011)

(a)

Plans and site design for the construction of fences, or planting of shrubs, hedges, trees, or landscaping shall be reviewed and approved by the zoning administrator prior to the issuance of a zoning permit. The zoning administrator may require that moneys be placed in escrow for a period not to exceed one year to ensure replacement of any landscaping should it perish within one year.

(b)

Maintenance. Any fencing or landscaping erected or planted under this article shall be maintained in good order to achieve the objective of this article. Failure to maintain fencing or permitting shrubs or landscaping to die without replacing same shall be considered a violation of this section.

(c)

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:

(1)

Fences, means a barrier made of wood, iron, stone or other material placed on or adjacent to property lines.

(2)

Hedge, means a barrier consisting of natural or artificial vegetation, the trunks of which are spaced at or less than eight feet apart measured from the middle of the trunk. Hedges shall be planted a minimum of three feet from property lines.

(3)

Privacy screening, means a barrier constructed of wood, iron, stone, or other materials to allow a degree of visual privacy. Privacy screens shall not be installed along any property line or within any required building setback areas. The privacy screen shall be a maximum of six feet high.

(d)

Permit. No person shall erect a fence, privacy screen. or plant a boundary hedge in the city unless a permit is first obtained by the owner or his agent from the zoning administrator. Upon application for the permit, a zoning review fee will be charged in addition to a fence fee, both of which will be established by the common council from time to time, and is indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.

(e)

Property boundary determinations. Fences and hedges shall be erected on the owner's property and responsibility for establishing the property line shall rest with the property owner erecting the fence or planting the hedge or upon mutual agreement with the adjoining property owner.

(f)

Construction and maintenance. Every fence or hedge shall be constructed or installed and shall be maintained and repaired. No fence or hedge shall be allowed to deteriorate into an unsightly or hazardous condition. The finished side of the fence shall be faced to the outside of the property lines.

(g)

Prohibited construction materials; snow fences. The use of barbed wire, electric wire or double or triple strand wire shall not be used in the construction of a fence, except as specifically allowed under the appropriate provisions of this section. Wooden and plastic snow fence may not be used, except as a temporary fence between November 1 and April 1.

(h)

Nonconforming. All fences and hedges which exist on January 1, 2007, and do not conform to this article may be maintained; however, no alteration, modification or improvement on such nonconforming fence or hedge shall be permitted, unless said nonconforming fence has been destroyed by an act of God or by the criminal acts of another person.

(i)

Residential. Fences and hedges in a residential district shall conform to the following conditions:

(1)

All rear yard fences or hedges shall not exceed six feet in height;

(2)

All side yard fences or hedges shall not exceed four feet in height;

(3)

All front yard fences or hedges shall be no higher than four feet in height. Front yard fences shall be at least 50 percent open to vision. All fences and hedges in the front yard shall cease three feet from the property line on interior lots and ten feet from the property line on corner lots. If a back yard overlaps a front yard or side yard of an abutting property owner, a special exception must be obtained to construct a fence or plant a hedge with greater dimensions than those allowed for front yard requirements.

(j)

Business and thoroughfare commercial. In a business or thoroughfare commercial zone, a fence consisting of an open chainlink without enclosures or barbed wire shall be allowed in the rear yard, front yard and side yards; however, the fence shall not exceed eight feet in height. Any fence constructed of other materials shall abide by the regulations of residential fences and hedges. Upon written agreement between the property owner who erects the fence or hedge and the property owner who immediately abuts the fence or hedge, a special exception to the terms of this section is granted.

(k)

Industrial. In an industrial zone, a chainlink fence not exceeding eight feet in height with two barbed wires tilting into the inside of the property will be permitted in the rear yard, front yard and side yards. The fencing material requirements and fencing/hedge requirements of the other zoned areas shall also be permitted in the industrial zone.

(l)

Public zone. In a public zone, a chainlink fence not exceeding eight feet will be permitted. Any fence or hedge constructed of other materials shall comply with the site plan approval of the common council.

(m)

Rural development zone. In a rural development zone, barbed wire, electric wire or double or triple strand wire shall be allowed for agricultural and farming purposes. Residential, business, thoroughfare commercial and industrial uses shall meet the requirements of the respective zoning district when built in a rural development zone.

(n)

Appeals. Upon appeal to the zoning board of appeals, an aggrieved property owner can receive a variance to the terms of this section in order to avoid unreasonable or impractical application of the strict interpretation of the law due to unique characteristics of the site.

(o)

Special exception; property owner agreement. Upon written agreement between the property owner who erects the fence or hedge and the property owner who immediately abuts the fence or hedge, a special exception to the terms of this section is granted, provided that such exception does not exceed a maximum height of six feet. The property owner erecting the fence or hedge shall file the agreement with the building inspector and shall record the agreement with the count register of deeds in order to provide constructive notice to future owners of the properties. This special agreement between property owners shall not supersede any existing or future requirements or prohibitions mandated by the city due to the concern for public health, safety and morals.

(p)

Lawn accessories. Paved terraces, patios, walks 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.

(Ord. No. 2011-12, 12-13-2011)

(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:

Private or residential swimming pool means an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 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 the term "private or residential swimming pool" also means 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. The regulations herein shall also be applicable to hot tubs.

(b)

Exemption. 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 it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

(c)

Permit. 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 zoning administrator. Plans and specifications and pertinent explanatory data should be submitted to the zoning administrator 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 shall accompany such application. A zoning review fee will also be charged. Both fees shall be as established by the common council from time to time and indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.

(d)

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) 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 accordance with all state regulations and code and with any and all city ordinances now in effect or hereafter enacted.

(2)

All plumbing work shall be in accordance with all applicable city ordinances 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 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 city ordinances regulating electrical installations. (Ref: Comm. 16 and National Electric Code)

(e)

Setbacks and other requirements.

(1)

Private swimming pools shall be erected or constructed on rear or side yards 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 five feet from any lot line.

(f)

Fence.

(1)

Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool, or shall have a cover or other protective device over such swimming pool of such a design and material that the same can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than four feet in height and a maximum of six feet so constructed as not to have voids, holes or openings larger than four inches in one 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 36 inches high on the top or where the sidewalls are a minimum of 48 inches high and pool ladders can be secured when not in use.

(g)

Draining and approval. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor 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 zoning administrator. 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.

(h)

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

(i)

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.

(Ord. No. 2011-12, 12-13-2011)