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.
2. Placement restrictions; 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 addition to an attached garage; one detached garage (accessory building).
   2. Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.
      1. No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 30 percent of the required rear yard.
      2. Any accessory building, use or structure shall conform to the applicable 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.
      3. Any accessory building in a residential district shall not exceed 800 square feet unless a conditional use permit has been granted.
      4. No detached accessory building located in a required rear yard shall exceed 15 feet in height.
      5. 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 six 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.
      6. When an accessory building is a part of the main building, or is substantially attached thereto or lies within ten feet of an exterior wall of the main building, the side yard and rear yard requirements for the main building shall be applied to the accessory buildings.Detached accessory buildings.
      7. Tents, boats, recreational vehicles, campers, storage buildings and other structures shall not be occupied on a temporary or permanent basis on any parcel within the City limits.
         
   3.  Restrictions. Accessory uses or structures 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.
3. 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 not be nearer than ten feet to any side or rear lot line.
4. 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.
5. 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 and flowers and gardens.
6. Temporary uses. Temporary accessory uses 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.
7. 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:
   1. That such private garage shall be located not less than five feet from the front lot line;
   2. That the floor level of such private garage shall be not more than one foot above the curb level; and
   3. That at least one-half the height of such private garage shall be below the mean grade of the front yard.
8. 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.
9. Lawn accessories. Walks, drives, paved terraces, posts, markers, stakes and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line. Personal property must be three feet from an abutting property line. An exception for the setback includes government issued markers and stakes.
10. 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 a street frontage no such wall shall be closer than three feet to the property line.
11. Outdoor wood-fired furnaces.
    1. On and after November 28, 2005, no outdoor wood-fired furnace shall be installed, erected or replaced in the City without the owner first obtaining a permit from the City Building Official for such work and paying a fee for the review and inspection of the furnace installation. The fee shall be established, from time to time, by the Common Council along with other accessory structures. The permit shall be visibly displayed on the furnace.
    2. Outdoor solid fuel furnace. Any detached energy system, such as wood or other solid fuel burners, boilers or furnaces, associated with the production of useable heat or energy, which is not located within another structure. An outdoor solid fuel furnace shall be considered an accessory structure and counted as such in the total allowed in each zoning district.
    3. Only outdoor wood fired furnaces that are UL listed and constructed to meet the latest U.S. Environmental Protection Agency standards shall be permitted. The furnaces shall be installed in accordance with the manufacturer's instructions. All electrical and plumbing shall be performed by qualified personnel and conform to the uniform building, electrical and plumbing codes.
    4. The boiler shall be placed on a non-combustible, poured concrete slab a minimum of four-inches-thick with at least four inches of compacted, crushed stone as a base.
    5. The unit must be grounded by the electrical wire connections and an independent ground rod with a proper wire to the boiler for additional safety. Electrical wire must be rated and approved for direct burial if it is to be run underground or in wet conditions.
    6. Chimneys shall be a minimum of 15 feet high as measured from ground level, or exceed the eve height of the tallest building within 100 feet, whichever is taller. Chimneys must be fitted with spark arresters.
    7. Outdoor wood fired furnaces shall be located no closer than 100 feet from any property line and 30 feet from any inhabited dwelling on the same property.
    8. Only clean, dry wood may be used to fire any permitted or unpermitted outdoor wood-fired furnace. Lighter fluids, gasoline and chemicals may not be used to start or fuel the fire. The manufacturers written instructions shall be followed for loading and refueling the fire. The burning of processed wood products, cardboard, trash and plastics are expressly prohibited.
    9. All outdoor wood-fired furnaces, permitted or unpermitted, shall be operated in accordance with the manufactures directions. Any outdoor wood fired furnace in a state of disrepair, or that is damaged to such an extent it does not operate in full conformance with the manufacturer's specifications, is a public nuisance and shall be taken out of service and removed from the property.

(Code 1991, § 13-1-140; Ord. No. 5-02-2, § 13-1-140(b)(1), (b)(3)c, 5-20-2002; Ord. No. 11-05-1, § 1, 11-28-2005)

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 30 days from the date of its delivery.
2. 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 and other vegetation.
3. 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.
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.
5. Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.

(Code 1991, § 13-1-141)

1. Fences defined. For the purpose of this section, the term "fence" means an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. For the purpose of this section, the term "fence" includes walls and plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
2. Fences categorized. Fences shall be categorized into three classifications:
   1. Boundary fence. A fence placed two to three feet off the property lines of adjacent properties or right-of-way.
   2. Security fence. A fence constructed to enclose a hazard to the public health, safety and welfare.
   3. Hedge. A row of bushes of small trees planted close together which may form a barrier, enclosure or boundary.
3. Placement of fences regulated. Fences, walls and continuous linear shrubbery such as hedges shall be permitted in all yards subject to the following limitations:
   1. Boundary fences. Permitted two to three feet of off property line provided owner is able to maintain both sides of the fence, however, no fence shall exceed 42 inches above grade in the front setback or any street yard and shall not be closer than two feet to any right-of-way.
   2. Security fences. Permitted on the property lines in all districts but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing and be two-thirds open to vision.
   3. Hedges. Height and setback for hedges shall be the same as required for fences, provided that no hedge shall be permitted in any right-of-way (terrace area) or where no sidewalk and terrace area exists, such may not be within four feet of any right-of-way (street or alley).
   4. Prohibited fences. No fence shall be constructed which is in a dangerous condition, as determined by the Public Works Coordinator/Zoning Administrator, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used on security fences if the devices securing the barbed wire to the fence are ten feet above the ground or height and project toward the fenced property and away from any public area.
   5. 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.
   6. Temporary fences. 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.
   7. Separation fences. Fences shall separate residential district lots from commercial or industrial districts and constructed with solid material; "cyclone" style or wire fences are not permitted.
      
   8. Maintenance. All fences shall be maintained and kept in a state of good repair; the finished or decorative of the fence shall face adjoining property.
      
4. Permits required. All fences must comply with the above regulations unless a variance has been granted in accordance with NCC 13.08.1840. Permits are granted through the Zoning Administrator.

(Code 1991, § 13-1-142; Ord. No. 09-00-01, 9-19-2000)

1. 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 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.
2. 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 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 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. The permit fee shall be in an amount as established by the Common Council from time to time.
4. 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 codes 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 shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, or 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.
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 five feet from any lot line.
6. 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 six feet in height and 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 aboveground 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 sidewalks are a minimum of 36 inches high and pool ladders can be removed when not in use.
7. Compliance. All swimming pools existing at the time of passage of this Code not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.
8. Draining and approval thereof. 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 Plumbing Inspector. 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.
9. Filter system required. All private swimming pools within the meaning of this article must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
10. 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.

(Code 1991, § 13-1-143)