New Lisbon City Zoning Code
ARTICLE XII
Accessory Uses and Structures; Fences; Swimming Pools
§ 520-94 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. 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 detached garage or attached garage and one additional accessory building may be placed on a lot.
(2)
Attached accessory building limits. No attached accessory building or structure shall exceed the height of the principal building or structure. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.
(3)
Detached accessory buildings. No detached accessory building (non-garages) shall occupy any portion of the required front yard, and no detached accessory building shall be larger than 900 square feet or occupy more than 20% of the required rear yard (whichever is more restrictive) or be located within three feet of any other accessory building or rear or side lot line or within five feet of an alley. 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. See § 520-49, Reduction of certain setback and size requirements.
[Amended 7-15-2002]
(4)
Attached garages. Attached garages shall comply with the dimensional requirements of the zoning district in which located. Attached garages shall comply with the setback requirements applicable for principal structures on the lot.
(5)
Detached garages. Detached garages are permitted in the rear yard and side yards only. They shall not exceed the area requirements found in the standards for each zoning district, and the roof pitch shall not exceed the steepest pitch of the principal structure. The total lot coverage shall not exceed the total allowed as set forth in the zoning district where the garage will be located. Total lot coverage shall include all buildings located on the lot. Detached garages shall not be located nearer than three feet to a rear or side yard or within five feet of an alley.
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 three feet to any side or rear lot line or within five feet of an alley.
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 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 flagpoles, ornamental light standards, lawn furniture, sundials, bird baths, 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 the 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:
I.
Outdoor lighting. Outdoor residential 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.
J.
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.
K.
Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed three 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.
L.
Agricultural structures. Agricultural structures such as barns, silos and windmills shall not exceed in height twice their distance from the nearest lot line.
§ 520-95 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 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.
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.
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.[1]
E.
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 520-96 Fences.
A.
Fence defined. For the purpose of this section, "fence" is herein defined as an enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into four classifications:
(1)
Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.
(4)
Picket fence. A fence 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.
C.
Height and placement of fences regulated.
(1)
Any fence erected pursuant to this section shall not be placed nearer than three feet to the property lot line. The individual constructing the fence shall be required to maintain the property from the fence line to the property line. This provision shall not apply to structures which have a different setback as established by this chapter.[1]
(2)
A fence or wall may be erected, placed or maintained along a lot line on residentially zoned property (or property primarily residential in use) or adjacent thereto to a height not exceeding six feet above the ground level and be no closer than three feet to a public right-of-way, except that no such fence or wall which is located in a required front yard shall exceed a height of three feet. Where such lot line is adjacent to a nonresidentially zoned property, there shall be an ten-foot limit on the height of a fence or wall along such lot line.
(3)
Vision clearance.
(a)
In order to provide adequate vision clearance on corner lots, no fence shall be erected or maintained within the triangular space formed by two intersecting street, alley, or driveway (public or private) property lines and a line joining points on such property lines (or projections thereof) located less than:
(b)
Street or alley property lines are measured from the right-of-way or easement lines establishing such street or alley. Driveway lines are measured from the easement establishing such driveway or, in the case of no easement, from the edge of the driveway surface.
(4)
In any residential district or on any lot or premises, the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of 10 feet or less.
(5)
No fence or wall shall be erected, placed or maintained along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding 10 feet.
D.
Setback for residential fences. Fences on or adjacent to a residential property (or property primarily residential in use) are permitted on lot lines with the written agreement of adjoining property owners. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.[2]
E.
Security fences. Security fences are permitted on the property lines in all districts except residential districts with the written agreement of adjoining property owners but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.[3]
F.
Prohibited fences.
(1)
No fence shall be constructed which is of a dangerous condition 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.
(2)
Although fences which conduct electricity or are designed to electrically shock are generally prohibited, such fences using smooth wire are allowed for the limited purpose of deer control.
(3)
No woven, twisted, welded or interlaced wire fence, such as using chicken wire, shall be located in a nonindustrial district, unless such fencing is ornamental in character.
G.
Fences to be repaired.
(1)
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.
(2)
Any existing fence which does not conform to the requirements of this section and which is damaged or in need of repair to an extent that exceeds 50% of the then-current value of the fence shall either be completely dismantled or reconstructed in compliance with the provisions of this section; provided, however, that the provisions of § 520-51C, Restoration of certain nonconforming structures, shall apply to fences.[4]
(3)
All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. If a fence needs repair and maintenance, said fence shall be painted or stained in only neutral colors. Failure to maintain a fence in good condition and repair will result in the City issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation with a penalty set forth in § 1-4 of this Code.
H.
Temporary fences.
(1)
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.
(2)
This section is not intended to regulate seasonal or temporary fences such as garden or snow fences, except that such fences shall be removed when the condition or season for which said fence was erected no longer exists. There shall be no fee for any such seasonal or temporary fence.
I.
Visibility; open spacing requirement.
(1)
In any nonresidential area, fences shall be of such type and construction that shall allow people outside the fence to see through it without hindrance. However, if a residence exists in a nonresidential zone, a fence may be constructed pursuant to the requirements of Subsection I(2) below. In an industrial area where barbed wire is used, the lowest strand shall be a minimum of seven feet above the grade.
(2)
All fences hereafter erected or constructed shall provide openings for a passage of air equivalent to 25% of the surface area of the fence and shall have the structural components thereof facing the side of the property for and on which the same are erected. In residential areas where privacy is desired, privacy fences with less than such 25% open spacing may be erected, provided that such fence may not extend farther than 25% from the main rear line of such residence. A fence situated in a residential area shall be constructed only of wood or chain-link-type fencing. Fences shall not be constructed of luminous materials or smooth or corrugated metal materials. All fences, including privacy fences, if said fence is to be stained or painted by the property owner or on his/her behalf, shall be stained or painted in only neutral colors.
J.
Special purpose fences. Fences for confining dogs, etc., shall not exceed seven feet in height and shall be no larger than necessary for such purpose and shall conform to the building setbacks of this chapter. Swimming pool and hot tub fences shall comply with the requirements of § 520-97.
K.
Height determination. The height of any fence erected under this section shall be determined by the measurement from the uppermost point of the fence to the existing ground level of the property.
L.
Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but alterations, modifications or improvements of more than 50% of said fence shall require the owner to bring the fence into compliance with this section.
M.
Fence permit required. No person shall erect a fence in the City without first obtaining a fence permit from the City and paying a fee as set by the Common Council. The applicant shall provide the Zoning Administrator with accurate design information for the proposed fence. Permits may only be issued for proposed fences complying with this section.[5]
N.
Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his/her property.
§ 520-97 Swimming pools and hot tubs.
A.
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 at any point greater than two feet, located above or below the surface of ground elevation, having an area greater than 150 square feet, used or intended to be used solely by the owner, operator or lessee thereof and his/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.
B.
Exempt pools. Storable children's swimming or wading pools with a maximum dimension of 15 feet and a maximum wall height of 24 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.
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 or installation of a swimming pool or hot tub unless the following construction requirements are observed:
(1)
All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements for pool or hot tub installation shall be in accord with all state regulations and with any and all ordinances of the City now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every private or residential swimming pool or hot tub shall be provided with a suitable draining method, and in no case shall waters from any pool or hot tub be drained into the sanitary sewer system or onto land of other property owners adjacent to that on which the pool is located 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 or hot tub shall be in conformance with the state laws and City ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools or hot tubs shall be erected or constructed in rear or side yards only and only on a lot occupied by a principal building. No swimming pool or hot tub 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.[1]
(2)
No swimming pool or hot tub shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool or hot tub be less than six feet from any lot line.
(3)
Swimming pools and hot tubs shall not be constructed in the front yard or in a required corner side yard.
(4)
Swimming pools, either open or enclosed, shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.
E.
Enclosure.
(1)
Except as hereinafter provided, every outdoor swimming pool and hot tub shall be completely surrounded by a fence or wall in addition to the pool wall of an aboveground pool. Said fence or wall shall be constructed to a height of no less than six feet. Any fence or wall shall be located to a minimum horizontal distance of four feet from the edge of the swimming pool or hot tub.
(2)
A dwelling, deck or accessory building may be used as part of such enclosure and may be located within four feet of the swimming pool or hot tub, provided that it meets or exceeds the minimum fence and wall requirements provided above. All gates or doors opening through such enclosures shall be equipped with a latching device capable of keeping the gate or door securely closed at all times when not in actual use Each such gate shall be secured by a combination lock or by a lock worked by a key.
(3)
A swimming pool or hot tub which has a pool wall exceeding 50 inches above the grade shall be exempt from the fencing requirement, provided that it has a retractable ladder or gate capable of being closed and latched and locked with a combination lock or by a lock worked by a key when the swimming pool or hot tub is not in use.
(4)
Swimming pools and hot tubs surrounded in whole or in part by a deck which has steps leading to the swimming pool or hot tub shall be equipped with a gate a minimum of four feet in height and capable of being latched and locked with a combination lock or by a lock worked by a key to secure access to the swimming pool or hot tub when not in use.
(5)
Service gates and gates which are part of a fence or wall enclosing a swimming pool or hot tub which are located across a driveway shall be kept closed and latched at all times by the property owner or occupier when not in use for ingress or egress. When such areas are not in use, such gates shall be locked with a combination lock or by a lock worked by a key.
(6)
Hot tubs equipped with a fitted cover and capable of supporting a minimum of 200 pounds shall be exempt from required fencing.
(7)
Enclosure requirements are applicable to all swimming pools and hot tubs, other than indoor pools, and shall apply to all existing swimming pools and hot tubs which have a minimum depth of 24 inches of water.
§ 520-98 Structures for sale of fireworks.
[Added 3-20-2006 by Ord. No. 2006-1]
A structure with a primary use of the sale of fireworks under Chapter 293, Fireworks, of this Code shall: