A.

Building Permit Required. No owner shall, within the city, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings, until a building permit has first been obtained from the building inspector. Application for an accessory building permit shall be submitted in writing with a fee pursuant to the city's fee schedule and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the permit shall be approved.

B.

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.

C.

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 any residential district, in addition to the principal building, with or without an attached garage, a detached garage, and one additional accessory building, and one temporary children's play structure 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 and the dwelling code footing requirements.

3.

Detached Accessory Buildings; Yard Requirements. No detached accessory building, but a garage, shall occupy any portion of the side yard with the exception that residential zoned double frontage lots with no backyards may have an accessory structure in the sideyard as long as setbacks and all other general requirements of this chapter are met. Garages and other detached accessory buildings shall be less than 15 feet in height. The total of accessory building shall not occupy more than 25 percent of the rear and side yards or exceed 1,200 square feet in size, whichever is more restrictive. The 1,200 square foot limit includes attached and detached garages, storage buildings and sheds, boathouses, play structures, and decks, kennels and any other structures. No detached accessory building shall be located within ten feet of any other accessory building, five feet in the mobile home park. Setbacks shall be as prescribed by district regulations. The dimensions of any children's play structure, detached and attached garage, television dish antenna larger than two feet in diameter, dog kennel and other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures. An accessory building shall not be nearer than ten 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 detached accessory use or structure be forward of the front line of the principal structure. A detached garage located within ten feet of the principal building shall meet principal building setbacks and have frost footings. Finished grade or floor level of detached accessory buildings shall be a maximum of 12 inches above existing grade. On sloped ground, the corner or side on the lowest existing ground may be a maximum of 24 inches above existing grade.

D.

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 and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential purposes.

E.

Corner Lots. For setback purposes a corner lot is considered having two front yards, one side yard, and one backyard.

F.

Double Frontage lot. This is a broader term for a lot with frontage on more than one street, but it can also refer to lots that have street access at both the front and back, not just corners and is considered two front yards and two side yards with no backyard.

G.

Landscaping 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, fountains, trees, shrubs, flower gardens, and gardens. Under no circumstances may a tent be used as a dwelling, or an accessory structure.

H.

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 building inspector.

I.

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 and shall not register more than one-half footcandles at the property line.

J.

Accessory Buildings. Accessory buildings shall be designed and finished to be compatible with the primary structure, using similar building methods, materials and colors.

K.

Retaining Walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed four feet in height, and a terrace of at least four feet in width shall be provided between any series of such walls.

L.

Children's Play Structures. For purposes of this section, children's play structures, including play houses, tree houses, or elevated play structures, and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section, whether such play structures are placed on a foundation or not. Tree houses or elevated play structures within 80 feet of a neighbor's home shall require the neighbor's written approval. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this section and a building permit is not required.

M.

Terrace Area or City; Right-of-Way Restrictions. No person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.

(Prior Code, § 13-1-200; Code 1998, § 17.72.010; Ord. No. 346, § 1(part), 1997; Ord. No. 371, § 1, 2001; Ord. No. 509, 1-6-2026)

A.

No person shall store outdoors, nor shall any person permit, or allow the outside storage of, firewood on any property used or zoned for residential use, except as permitted in this section.

B.

Firewood shall not be stored in the front yard of such property or within the setback, except that firewood may be temporarily stored for a period not to exceed 14 days from date of delivery to property.

C.

When adjacent to a fence, firewood shall be stacked no higher than the uppermost horizontal position of fence.

D.

No person shall permit the infestation of mice, rats, other rodents; or insects in, under or near the stack.

E.

No person shall allow any brush, debris or refuse from the processing of firewood to remain anywhere on the property.

F.

Not more than ten percent of the side yards and rear yards combined may be used for storage of firewood at any time.

(Prior Code, § 13-1-201; Code 1998, § 17.72.020; Ord. No. 346, § 1(part), 1997)

A.

Fence Permit. No person shall erect a fence in the city unless a permit is first obtained by the owner or his/her agent from the building inspector. The applicant shall submit design specifications for approval and pay required permit fees at the time of making application.

B.

Fences Defined. For the purpose of this section, a "fence" is herein defined as a structure serving as a barrier, enclosure or boundary, consisting of materials including, but not limited to, vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress. For the purpose of this section, the term "vegetation" shall include plantings, such as hedges and shrubbery, that when closely placed, grow to form a barrier, enclosure or boundary.

C.

Vision Triangle Defined. For the purposes of this section, a "vision triangle" is defined as a triangle formed by connecting the following three points:

1.

The point of intersection of the property lines adjacent to the lot of the intersecting streets;

2.

A point 20 feet from said point of intersection along one lot line; and

3.

A point 20 feet from said point of intersection along one lot line.

D.

Fences Categorized. Fences shall be categorized into seven classifications:

1.

Boundary Fence. A fence placed along or within seven feet six inches of the border of the property line.

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.

Hedge. A row of bushes or small trees planted close together which grows to form a barrier, enclosure or boundary.

5.

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.

6.

Dog Kennel Fence. A chainlink enclosure allowed in the side or rear yard of the property to secure canine animals.

7.

Sport Safety Fence. Fences erected surrounding baseball, softball, or tennis facilities to prevent the projectile balls from injuring spectators.

E.

Fences Permitted Without a Permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties:

1.

Temporary 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 and height requirements set forth in this section. Such fences shall not be erected for more than 45 days or, in the case of a construction project, shall only be for the duration of said construction project.

2.

Snow fencing shall be permitted in all districts not exceeding four feet in height provided it is removed between May 1 and November 1 of each year. No snow fence shall extend into the street right-of-way unless installed by the city or a contractor having a permit from the city.

3.

Underground fences are permitted in all districts.

F.

Prohibited Fences.

1.

No fence shall be constructed which is in a dangerous condition, or which conducts electricity, or is designed to electrically shock, or which uses barbed wire; provided, however, that barbed wire may be used in agriculturally or industrially zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground in height and project toward the fenced property and away from any public area.

2.

No person shall construct or install:

a.

Any wire or chainlink-type fence with the cut or salvage end of the fence exposed at the top.

b.

A fence which creates a hazard to users of the street, sidewalk or to nearby property.

c.

An incomplete fence, consisting only of posts and supporting members.

d.

A fence on a vacant lot or parcel, except when connected to a lot owned by the same property owner.

e.

A dog kennel fence in a front yard.

G.

Fencing Materials Suitable. Fences shall be constructed using materials suitable for residential-style fencing, including, but not limited to, vegetation, stone, vinyl, brick, fieldstone, wrought iron, metal, stockade or board-on-board wood.

1.

No chainlink or galvanized steel fencing shall be constructed of less than a minimum of nine-gauge tensile strength and without top rail supports and post caps.

2.

No fence or fence panels shall be constructed with multiple building materials or more than one pattern of the same materials on any given lot line with the exception of a fence that sits atop a decorative retaining wall or decorative stone wall which is a part of the fence. For example, a wooden stockade fence cannot be constructed with a wooden picket fence as part of the same fence.

a.

This shall not prohibit two intersecting fences from having different materials if the fences are owned by different property owners.

3.

No fence shall be constructed with used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks or limbs, trash, tires, junk, or other similar items.

4.

No fence shall be constructed of materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles.

5.

No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

H.

Construction of Fences.

1.

The height of the fence shall be measured from the established grade.

2.

Wooden fences shall be constructed with vertical members, or horizontal members of rail-type fences, placed on the side of the supporting members facing the adjoining property.

3.

Fences shall not have sharp or pointed pickets, which can be dangerous to personal safety.

4.

Fences can be placed so that the face is toward the neighboring property and is flush with the lot line. The dress side of the fence, or "face" shall be on the outside. All parts of the fence shall be erected on the owner's property.

5.

Obstruction of ingress/egress area of a dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of six feet shall be maintained between any solid fence and any such window or opening in a dwelling.

a.

The fire department may grant a waiver to the building inspector to approve a fence adjacent to a required ingress/egress opening of a dwelling between four and six feet if the fence has one of the following features:

i.

For basement ingress/egress openings, the fence opening or gate shall be the width of the ingress/egress opening or four feet whichever is greater with no ability to lock or secure said gate, or a four-foot wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

ii.

For ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four feet whichever is greater with no ability to lock or secure said gate, or a four-foot wide approved breakaway fence panel, or the top of the fence shall be no taller that the bottom of the sill of the ingress/egress opening and the area on both sides of the gate/fence shall continuously be free from all obstructions including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

6.

Fences Placed on Property Lines.

a.

Property Boundary Determinations. Fences shall be erected on the owner's property and responsibility for establishing the property line shall rest with the property owner erecting the fence.

i.

The lot survey markers indicating the property line must be located and exposed for inspection by the neighboring property owner and the building inspector.

ii.

A document from all adjoining property owners where a fence is proposed must be provided that indicates that they are in agreement with the applicants proposed fence location and that the fence does not extend onto any of their adjoining property.

iii.

Should the applicant not be able to locate the lot survey markers indicating the property line location, or if there is a disagreement as to the validity of the location of the lot survey markers, the applicant shall be required to contract a licensed surveyor to establish the validity of the lot survey markers or to set new lot survey markers should the markers be absent or incorrectly placed.

iv.

It is recommended that the fence be constructed off the lot line if maintenance will need to be done to the fencing without going onto the neighboring property. Hedges shall be trimmed or confined to the property on which they are planted.

7.

Height of Fences Regulated.

a.

Nonresidential.

i.

Commercial or Industrial. An industrial or commercial fence shall be no higher than eight feet in height and shall be compliant with the vision triangle height restrictions designated in Subsection H.(7)(iv) of this section. Fences may not exceed forward of the city right-of-way line. Arms or extensions which project from the fence on commercial and industrial properties shall project into the lot proper.

ii.

Agricultural. Fences allowed on agricultural zoned property shall not exceed eight feet in height.

iii.

Park. Fences associated with baseball and/or softball fields and surrounding tennis courts may be erected in conformance with accepted industry standards for height.

b.

Residential. The maximum height of fences, where permitted in the yard of or along the following lot lines shall be as follows:

i.

Rear Yard. Six feet in height or less may be located within the rear yard or along the rear lot line.

ii.

Side Yard. Six feet in height or less may be located in the side yard or along the side lot line for a distance measured from the rear lot line to any part of the lot that is at least 25 feet from the front lot line. If a house/principal structure is closer than 25 feet to the front lot line, then a six-foot high fence may be installed on any part of the lot that is as far back from the front lot line as the front of the house, except in the case of a corner lot resulting in a need for a vision triangle restriction.

iii.

Front Yard. Fences four feet or less may be located within the required front yard, except fences that are more than 50 percent solid shall not be permitted within 25 feet of the front lot line. If the house/principal structure is closer than 25 feet to the front lot line, then the four-foot fence height limitation applies only to the area between the front plane of the house and the front property line.

iv.

Vision Triangle. Exception for corner lot properties requiring intersection sight distance. Fences may only be a maximum of 30 inches in height and be no more than 30 percent solid, when located in the vision triangle as described in Subsection C. of this section.

I.

Fences to Be Repaired and Maintained. 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. Hedges shall be trimmed and maintained at a height that does not violate the height restrictions for its permitted location.

J.

Nonconforming Fences. Any fence existing on the effective date of this Code and not in conformance with this section may be maintained, but no alteration, modification, enlargement, extension, replacement or improvement of the fence shall be made except in strict compliance with all the requirements of this chapter.

(Prior Code, § 13-1-202; Code 1998, § 17.72.030; Ord. No. 346 § 1(part), 1997; Ord. No. 472, 8-4-2015)

A "swimming pool" is defined as a body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 15 inches located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi-permanent structure on the land. The term 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.

A.

Exempt Pools. Storable children's swimming or wading pools with a maximum dimension of 15 feet and maximum wall height of 15 inches, 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.

B.

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 building inspector. Plans and specifications and pertinent explanatory data should be submitted to the building inspector 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. The required building permit fee pursuant to the building code shall accompany such application.

C.

Construction Requirements. In addition to such other requirements as may be reasonably imposed by the building inspector, the building inspector shall not issue a permit for construction as provided for in Subsection B. of this section, unless the following construction requirements are observed:

1.

Approved Materials. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations, codes and ordinances of the city now in effect or hereafter enacted.

2.

Plumbing. 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, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.

3.

Electrical Installations. 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. Do not locate pool under overhead electrical wires.

D.

Setbacks and Other Requirements.

1.

Private swimming pools shall be erected or constructed in the rear yard only and on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot, unless the lot is contiguous and owned by the same owner and the lot is occupied by a principal building.

2.

All swimming pools or surrounding decks shall be at least 7½ feet from any lot line or building unless designed and approved as an addition to a building.

E.

Enclosure.

1.

Fence; In-Ground Pools. All outdoor, below grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square.

a.

When not in use, gate or door openings through the enclosure shall be kept securely closed and locked at all times, shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times.

b.

No part of the fence shall provide footholds that would allow a person to climb over it.

2.

Above-Ground Pools; Pool Wall Barrier.

a.

An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water enclosing the wall of the pool. Such walls shall extend more than four feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall, or fence, or other structure, which can and may be readily climbed by children.

b.

Every entrance to a pool, such as a ladder, must be secured and adequately safeguarded to prevent unauthorized entries into the pool.

c.

Pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on top, without footholds within four feet of ground.

F.

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. Variations in enclosure requirements that do not adversely affect safety of the public may be approved.

G.

Draining and Approval Thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the plumbing inspector.

H.

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

I.

Dirt Bottoms Prohibited. All swimming pools permanent in nature shall have sides and bottoms of a smooth finish and no sand or dirt bottoms shall be permitted.

(Prior Code, § 13-1-203; Code 1998, § 17.72.040; Ord. No. 346, § 1(part), 1997)

A.

Purpose. The purpose of this section is to protect public and private property from the effects of poorly designed and constructed retaining walls.

B.

Permit Required. A permit shall be required for all retaining walls constructed that exceed 24 inches in height, including terraced retaining wall projects where the total height of all walls exceeds 24 inches, and are closer than 15 feet to a property line.

C.

Application. Application shall be made to the building inspector on forms provided, shall include a site plan, a set of construction plans sealed by a professional engineer registered in the state, and any other information deemed necessary by the building inspector to review the proposed retaining wall plans.

D.

Performance Standards. A retaining wall shall be designed to resist lateral pressure of the retained material in accordance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by an equivalent fluid weighing not less than 30 pounds per cubic foot and having a depth equal to that of the retained earth. Any surcharge shall be in addition to equivalent fluid pressure.

E.

Setbacks. Setbacks for retaining walls shall be at least two feet. If less, then written permission by the neighbors is required.

F.

Maintenance of Retaining Walls Adjacent to Sidewalks and Streets. Where public projects are concerned and retaining walls are required, it is expected that once constructed, the care, maintenance, and future replacement of the retaining wall is, and shall remain, the sole responsibility of the property owner whose property is served and benefitted by the retaining wall.

(Prior Code, § 13-1-204; Code 1998, § 17.72.050; Ord. No. 346, § 1(part), 1997; Ord. No. 443, 4-20-2010)