New Auburn Village City Zoning Code
ARTICLE VII
Accessory Uses, Buildings, and Structures
§ 350-55 Accessory uses, buildings, and structures.
A.
Principal use to be present. An accessory use, building, or structure in any zoning district shall not be established prior to the principal use or building being present or under construction.
B.
Any accessory use, building, or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
(1)
Any permanent roofed structure serving an accessory use, if attached to the principal building, shall be considered as part of such principal building for all regulatory purposes.
(2)
Accessory buildings and structures are permitted in the rear yard and side yard; however, when an accessory building or structure is located forward of the rear building line of the principal building, it shall satisfy the same side yard requirements as the principal building.
(3)
Detached accessory buildings and structures shall not occupy more than 30% of the rear yard area in all districts except the commercial, industrial, rural development, and agricultural districts, in which such uses and structures shall not occupy more than 50% of the rear yard area. Private swimming pools shall be exempt from the 30% rear yard occupancy limitation in residential districts. The provisions of this section do not apply to fences.
(4)
Detached accessory buildings and structures shall not be closer than five feet to the principal structure nor closer than three feet to an alley or platted easement, except that when the accessory building is a garage that has its entrance facing the alley, the rear yard setback shall be 20 feet for the garage.
C.
Uses in residential districts. An accessory use or building in a residential district may be established subject to the following regulations:
(1)
Accessory building number limits. In any residential district, except for the RD 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. Garages and other detached accessory buildings shall be less than 25 feet in height.
(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)
Accessory uses or buildings 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 and uses in commercial and industrial districts. An accessory use or structure in a commercial or industrial district may be established subject to the setbacks identified in the respective district.
E.
Placement and uses in agricultural districts.
§ 350-56 Landscaping.
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, bird baths, trees, shrubs and flowers and gardens.
§ 350-57 Temporary uses.
The following temporary uses may be established in any district from which they are not otherwise excluded by the regulations of this chapter, under the following conditions:
A.
Temporary buildings and the temporary storage of materials and equipment incidental to the construction of buildings on the premises, for a period not to exceed one year from the date of issuance of the building permit or permits for such construction.
B.
A house trailer or mobile home may be occupied on any premises by the owner or builder, while residential construction is in progress, for a period of not to exceed one year from the date of issuance of the building permit for such residence, provided that no such house trailer or mobile home shall be located closer to the side lot lines of the premises than the width of either side yard as established by the residential construction.
§ 350-58 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.
§ 350-59 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.
§ 350-60 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 the street frontage no such wall shall be closer than three feet to the property line.
§ 350-61 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 should 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. Fences as used in this section shall not include hedges or other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within 15 days and shall not be allowed to remain on the premises.
D.
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 350-62 Home occupations.
A.
Intent. The Intent of this section is to provide a means to accommodate a small family business within a residence without the necessity of a rezoning into a commercial district or obtaining a conditional use permit.
B.
Accessory use. Home occupations are determined to be an allowed accessory use in all residential districts. Permits are not required prior to engaging in such activities, but the following standards apply:
(1)
The activity must be clearly secondary and incidental to the primary residential use.
(2)
The activity must not significantly alter the residential character of the dwelling unit, dwelling structure or the parcel.
(3)
The home occupation shall not occupy more than 25% of the floor area of the dwelling.
(4)
The home occupation shall be conducted only within the enclosed areas of the dwelling unit or attached or detached garage.
(5)
The activity must not unreasonably interfere with the residential occupancy of other parcels in the neighborhood.
(6)
The activity must not create environmental, safety or health hazards such as noise, light, odors, vibrations, electrical emissions, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy.
(7)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises, and traffic generated by the home occupation may not exceed that which is customary to residential occupancies in the neighborhood.
(8)
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(9)
Signage for the home occupation is governed by § 350-103A(3).
(10)
The parcel and structure must contain adequate area to accommodate the home occupation without interfering with residential occupancy of other parcels in the neighborhood.
(11)
Under no circumstances shall a kennel business or a vehicle repair or body work business qualify as a home occupation.
(12)
Garage sales as a type of home occupation are allowable in all residential districts, provided that not more than four are held on a single premises per year and that each such sale shall not exceed four days in duration.
(13)
Day care is allowable as a home occupation on a residential premise. Conditional use approval may be required, however, if § 66.1017, Wis. Stats., or as it may be hereafter amended, applies.
§ 350-63 Other accessory uses.
A.
Window wells.
(1)
Small window wells no greater than 18 inches from the foundation and no more than three feet along the foundation are exempt from these standards.
(2)
A window well may encroach up to a maximum of three feet into the required rear yard and may encroach up to a maximum of two feet into a required side yard.
(3)
Not more than one window well shall be permitted to encroach into each of the rear or side yard.
B.
Air-conditioning equipment and heat pumps. Height limits for the zoning district apply. Such equipment shall not be located forward the front faces of the principal building and shall be located at least four feet from side and rear property lines. Any object that has potential for safety, or attractive nuisance problems must, at the discretion of the Zoning Administrator, be security fenced.
C.
Earth station dish antennas.
(1)
No earth station dish antenna shall be erected, constructed, maintained or operated except in conformance with the following regulations. An earth station dish antenna is permitted as an accessory use/structure. (See § 62.23(7)(He), Wis. Stats., for monetary limit on conditions which may be imposed.)
(a)
Permit. The installation of an earth station dish antenna shall require a building permit. The property owner shall submit, to the Building Inspector, plans which indicate the appearance, proposed location and installation method of the dish. All earth station dish antennas, and the construction and installation thereof, shall conform to applicable Village building code and applicable electrical code regulations and requirements.
(2)
Ground-mounted earth station dish antennas.
(a)
In all residential zoning districts, such earth station dish antennas shall be located only in the rear yard of any lot subject to the provisions contained herein:
[1]
The dish antenna shall be at least six feet from any side or rear lot line or any alley.
[2]
The dish antenna shall be at least five feet from the principal building on the lot.
[3]
The dish antenna shall have a maximum height of 14 feet above the natural grade.
[4]
In the event that a usable satellite signal cannot be obtained by locating the antenna in the rear yard of the property, such antenna may be placed in the side yard of the property, provided that it shall be no closer than five feet to the principal structure and six feet to any side yard lot line, nor shall any portion of the dish antenna extend into any front yard area. In the case of a corner lot, the dish antenna is not permitted in the side yard area abutting the street. A building permit shall be issued only upon showing by the applicant that a usable satellite signal is not obtainable from any other permitted locations on the property.
[5]
Earth station dish antennas shall be located and designed to reduce visual impact from surrounding properties at street level and from public streets through the addition of architectural features and/or landscaping that is compatible with the elements and characteristics of the property.
(b)
In any commercial, rural development, agricultural, or industrial zoning district, such earth station dish antennas shall be allowed in any yard area subject to the provisions contained herein:
[1]
The dish antenna shall be at least six feet from any rear property line or any alley.
[2]
The dish antenna shall be at least six feet from any side yard lot line, except when abutting a residential district, in which case the dish antenna shall be at least 10 feet from any side yard lot line and be screened to reduce visual impact from adjacent properties at street level.
[3]
In cases where the dish antenna will be located in the front yard area or in the side yard area abutting a street or a comer lot, the dish antenna shall be set back at least 15 feet from any public right-of-way.
[4]
The dish antenna shall have a maximum height of 30 feet above the natural grade.
(3)
Roof-mounted earth station dish antennas.
(a)
In all residential zoning districts, roof-mounted earth station dish antennas shall be permitted subject to the provisions contained herein:
(b)
In the commercial, rural development, agricultural and industrial zoning districts, earth station dish antennas shall not extend more than 20 feet above the height limit established for the district in which the structure is located.
(4)
All electric lines, cables, and conduits running to or from any earth station dish antennas shall be underground.
(5)
All dish antennas must be adequately grounded for protection against a direct strike of lightening.
(6)
All dish antennas shall meet all manufacturer's specifications and be constructed of noncombustible and corrosive-resistant materials.
(7)
Not more than one earth dish antenna shall be permitted on a zoning lot in a residential lot.