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Oxford City Zoning Code

DIVISION 8

ACCESSORY USES AND HOME OCCUPATIONS; FENCES, ANTENNAS AND SIGNS

Sec. 50-444. - Accessory uses and structures; home occupations.

(a)

Generally. Accessory uses and structures are those that are usually and customarily incidental to the principal use that is located on the same property, or on an adjacent parcel under the same ownership, as the accessory use or structure. Accessory uses are permitted in any district as may be specified in the appropriate district regulations or herein.

(1)

An accessory use permit shall be required where specifically noted in this section.

(2)

Accessory uses shall be compatible with the principal use and are permitted only after their principal structure is present or under construction.

(b)

Garages, gazebos, garden or utility sheds. Accessory structures, such as detached garages, gazebos, garden or utility sheds, shall be subject to the following regulations:

(1)

An accessory building of 720 square feet or less may be erected, altered or moved to a location that is not less than five feet from the nearest wall of a principal building if it is constructed with a one-hour fire rating per Wis. Admin. Code SPS 21.08. Without the one-hour fire rating, the minimum separation shall be ten feet. The building shall also not be located within the front yard of the lot nor within six feet of side or rear property lines within residence districts. This section does not apply to an accessory building that is structurally a part of the principal building.

(2)

No accessory building shall encroach upon the front or side yard setback areas of a corner lot.

(3)

Gazebos or utility sheds of less than 65 square feet are permitted under this section.

(4)

No accessory building greater than 720 square feet shall be erected, altered or moved to a location within ten feet of the nearest wall of the principal building, or within the required area for the front yard of the lot nor within six feet of side or rear property lines within residence districts.

(5)

Height of accessory buildings and walls.

a.

No accessory building shall have more than one story, nor exceed 17 feet in height, unless otherwise permitted as accessory to business and manufacturing uses or to authorize special uses.

b.

On lots less than 21,780 square feet, the height of any exterior wall of an accessory building shall not exceed nine feet, except for the end walls of buildings with a gable or gambrel roof.

c.

On lots 21,780 square feet or more, the exterior walls shall not exceed 12 feet, except that the end walls of buildings with a gable or gambrel roof may exceed 12 feet. The location of said accessory building shall be reviewed and approved by the planning and zoning committee.

(6)

Area of accessory buildings.

a.

The maximum square footage of detached accessory buildings or garages on single-family residential lots, less than 21,780 square feet, shall be 720 square feet.

b.

The maximum square footage of detached accessory buildings or garages on a single-family residential lot greater than one-half acre (21,780 square feet) shall not exceed 1,200 square feet.

(7)

Accessory garages and sheds greater than 65 square feet in area shall require the issuance of a building permit. Accessory buildings 65 square feet in area or less shall not require the issuance of a building permit, but must still abide by all the requirements for accessory structures set forth in this article.

(8)

The maximum number of accessory buildings allowable on any single-family residential parcel one acre or less shall be two. Two accessory buildings shall be allowed on single-family parcels which are greater than one acre without planning and zoning commission approval.

(c)

Non-building accessory structures. The following accessory structures that are not buildings shall be constructed on a property as follows:

(1)

Patios. Patios, constructed at or below yard grade, may be installed in the rear or side yard adjacent to a principal structure without the issuance of a building permit; and shall not be located closer than five feet to a lot line.

(2)

Decks. Decks located adjacent to or attached to a principal structure shall not be closer to the lot line than the required side setback and rear setback for principal structures for the district in which they are located. Freestanding decks surrounding private swimming pools shall be located at least ten feet from the principal structure and shall be located at least five feet from a side or rear lot line. All decks shall require the issuance of a building permit.

(3)

Residential air conditioning condensers. Residential air conditioning condensers may be located adjacent to a residence in the rear yard and side yard, provided that all condensers shall be located at least five feet from a side or rear lot line. Residential air conditioning condensers shall not be located in the front yard. (Zoning rarely regulates household utilities in a residential area.)

(4)

Private swimming pools. Private swimming pools are permitted as accessory uses in the rear yard in any district, however, the swimming pool shall be located at least ten feet from the principal structure; be located at least five feet from any side or rear lot line; and be installed in accordance with the village building, plumbing, and electrical codes, including the issuance of all required permits.

(5)

Private tennis courts. Private tennis courts are permitted as accessory uses in the rear yard in any district. A building permit is required for all tennis courts and:

a.

All tennis courts shall be surrounded by a fence not less than ten feet in height.

b.

No lighting installed around a tennis court shall project onto adjacent properties.

c.

No private tennis court shall be located closer than five feet to a lot line.

(6)

Firewood. Firewood shall not be stored in the front yard.

(7)

Flagpoles. Flagpoles are permitted as accessory uses in all yards of any zoning district.

(d)

Home occupations. Home occupations are permitted accessory uses in any residential district, not requiring a building permit, provided that:

(1)

The primary use of the structure shall be as a dwelling unit.

(2)

The following standards shall be complied with in full at all times:

a.

One person other than a resident and operator of a home occupation may be engaged or employed in the home occupation on the premises.

b.

No mechanical equipment shall be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes.

c.

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site except those which are necessarily, customarily, or ordinarily used for household or leisure purposes.

d.

There shall be no outside operations, storage, or display of materials or products.

e.

Total storage of materials or products used in the business shall not exceed 256 cubic feet in volume.

f.

No alteration of the residential appearance of the premises shall occur, including the creation of a separate entrance for the home occupation.

g.

No process shall be used which is hazardous to public health, safety, morals, or welfare.

h.

One sign identifying the home occupation of not more than three square feet may be placed on the wall or porch of the home and comply with section 50-447.

(3)

Home occupations shall not be considered a nonconforming use should the regulations of this article be revised or amended.

(e)

Rummage sales. Rummage sales, not to exceed four days in length and not occurring more than four times per year, may be conducted in any residential district.

(Ord. No. 2008-1, § 46-671, 8-6-2008)

Sec. 50-445. - Fences; requirements.

Fences are a permitted accessory use in any district and may be erected, provided that fences comply with the following requirements:

(1)

Residential fences are permitted, upon the issuance of a zoning permit and a local building permit, in the side and rear yards setback areas of residential districts, but shall not exceed a height of six feet, and may extend into the front or street yard at a height no higher than four feet. No fence shall be located closer than two feet to any alley right-of-way line.

(2)

Fences in residential areas shall have the same style and design of surfacing on both sides of the fence.

(3)

Security fences are permitted, upon the issuance of a building permit, adjacent to the property lines in all districts except residential districts, but shall not exceed ten feet in height. The planning and zoning committee shall determine, before the issuance of a building permit, on a case-by-case basis, the opacity of security fences, based upon consideration of the need to screen materials and upon safety considerations. Security fences shall comply with the traffic visibility requirements set forth in section 50-414.

(4)

Property boundary fences shall be built on the property line.

(5)

All fences shall be built of materials and of a configuration and permanence that is compatible with the neighborhood, including aesthetic considerations in residential areas.

(Ord. No. 2008-1, § 46-672, 8-6-2008)

Sec. 50-446. - Antennas.

Antennas, including earth station dish antennas, are permitted as accessory uses. Terrestrial antennas may be located in the rear yard or on the roof of the principal structure in all residential districts. Earth station dish antennas may be located in the rear yard in any residential district. Terrestrial antennas and earth station dish antennas may be located in the side or rear yard or on the roof of the principal structure in all agricultural, business, manufacturing, institutional or park districts. In addition:

(1)

All antennas, including earth station dish antennas, shall be manufactured and installed in compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations and applicable village building and electrical codes.

(2)

Not more than one terrestrial and one earth station dish antenna per dwelling unit shall be permitted on a lot or parcel in a residential zoning district.

(3)

Earth station dish antennas shall be located and designed to reduce their visual impact on surrounding properties.

(4)

No form of advertising or identification may be displayed on the dish or framework of an earth station dish other than the customary manufacturer's identification plates, except on an earth station dish that is less than 24 inches in diameter.

(5)

Portable or trailer-mounted antennas are not permitted; with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed two days at any one location.

(6)

Communication structures, such as radio and television transmission and relay towers, aerials, and radio and television receiving and transmitting antennas, not including ground-mounted and building-mounted earth station dish antennas, shall not exceed a height of three times their distance from the nearest lot line. Ground-mounted earth station dish antennas shall not exceed a height of 15 feet. Building-mounted earth station dish antennas shall not exceed the maximum height regulation of the district in which they are located.

(Ord. No. 2008-1, § 46-673, 8-6-2008)

Sec. 50-447. - Signs, building permit required.

(a)

Generally. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit, except those signs excepted in subsection (b) of this section, and without being in conformity with the other provisions of this article.

(b)

R-1, R-2, R-3, conservation and open space district.

(1)

All signs are prohibited in all R-1, R-2, R-3, conservation and open space districts, except the following:

a.

Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length.

b.

Real estate signs not to exceed eight square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporarily located.

c.

Name, occupation, and warning signs not to exceed three square feet located on the premises with home occupation subject to the requirements of section 50-444(d).

d.

Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.

e.

Memorial signs, tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

f.

Official signs, such as traffic control, parking restrictions, information, and notices.

g.

Rummage sale signs.

1.

Signs advertising a rummage sale may be placed on the seller's property, one per lot, except that on a corner lot one sign may be placed facing each street.

2.

Signs may be placed on other residential property only with the permission of the property owner or other person who is in charge of the property at the time of the sale.

3.

A maximum of two off-premises signs may be displayed if they meet the other conditions of this article.

4.

Such signs shall not exceed six square feet in area, shall be freestanding, and shall be presentable in appearance.

5.

Signs shall not be erected prior to 6:00 p.m. on the day before the beginning of the sale and shall be taken down within one hour after the close of the sale on the last day of the sale.

6.

Signs shall not be attached to or displayed on traffic regulatory signs, utility poles, or trees. No signs shall be placed on public land or in street rights-of-way.

7.

Owners of signs posted in violation of this article may be requested to remove them, or village personnel may cause their removal.

h.

Political signs are permitted subject to the erection and removal guidelines of state statutes.

i.

Signs may be lighted but with non-blinking lights.

j.

Temporary signs when authorized by the building inspector for a period not to exceed 30 days.

(2)

No private signs shall be erected or maintained in the terrace area between a street and a sidewalk.

(c)

Local business, downtown commercial, and manufacturing districts.

(1)

Signs are permitted in all local business, downtown commercial, and manufacturing districts subject to the following restrictions:

a.

Wall signs placed against the exterior walls of buildings shall not extend more than six inches outside of a building's wall surface, shall not exceed 500 square feet in area for any one premises, and shall not exceed 20 feet in height above the mean centerline street grade.

b.

Projecting signs fastened to, suspended from, or supported by structures shall not exceed 100 square feet in area for any one premises; shall not extend more than six feet into any required yard; shall not extend more than three feet into any public right-of-way; shall not be less than ten feet from all side lot lines; shall not exceed a height of 20 feet above the mean centerline street grade; and shall not be less than ten feet above the sidewalk nor 15 feet above a driveway or an alley.

c.

Ground signs shall not exceed 20 feet in height above the mean centerline street grade, shall meet all yard requirements for the district in which they are located, and shall not exceed 100 square feet on all sides for any one premises.

d.

Roof signs shall not exceed ten feet in height above the roof, shall meet all the yard and height requirements for the district in which they are located, and shall not exceed 300 square feet on all sides for any one premises.

e.

All signs shall advertise, promote, or represent only establishments, goods, or services located, sold, or manufactured within 100 feet.

f.

Directory signs shall be permitted under the following conditions:

1.

The directory sign will be designed in such a way to accommodate no fewer than five businesses with the same letter type for each business.

2.

The sign will be maintained by the applicable business owner.

3.

The sign size, shape and dimensions will be subject to the approval of the village board.

4.

The village board will also approve the location of a directory sign.

g.

Combinations of any of the above signs shall meet all the requirements for the individual sign.

(2)

No private signs shall be erected or maintained in the terrace area between a street and a sidewalk but may be permitted in the local business, downtown commercial, and manufacturing districts without the issuance of a building permit with permission of the land owner for a period not to exceed 30 days and not to exceed eight square feet in size and are additionally subject to the restrictions of rummage sale signs in subsection (b)(1)g of this section, if applicable.

(3)

No sign, except those permitted in subsection (a) of this section shall be permitted to face a residential district within 100 feet of each district boundary.

(d)

Restrictions on signs. Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility. No sign shall be maintained in an unsightly, unsafe or hazardous manner. In the event that such a sign exists, the village board will instruct the village clerk-treasurer to give the owner of said real estate ten days written notice to remove or repair said sign in accordance with the village sign requirements and with a further notice that if said repairs are not completed within ten days that the village shall remove said sign and levy the cost of removal as a tax assessment against the landowner.

(e)

Legal continuation of nonconforming signs. Signs lawfully existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although the use, size, or location does not conform to the provisions of this article. However, such sign shall be deemed a nonconforming use or structure and the provisions of division 11 of this article shall apply.