Peshtigo Town City Zoning Code

ARTICLE X

ACCESSORY USES AND STRUCTURES; FENCES

Sec. 60-249. Accessory uses or structures.

Compliance with district regulations. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided in this article.

Landscaping and decorative uses. Structures and vegetation used for landscaping and decorating may be placed in any required yard area allowing for identified setbacks. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.

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, and shall be removed within 30 days of completion of the project.

(Code 2006, § 13-1-140; Ord. of 10-15-2013; Ord. No. 202408-15, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-250. Fences and walls.

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:

1.
Fence means any enclosure, barrier or boundary consisting of wood, metal, plastic, stone or other material. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
2.
Architectural or aesthetic fence means a fence constructed to enhance the appearance of the structure or the landscape, with its decorative or finished side facing the adjoining lots or streets.
3.
Boundary fence means a fence placed along the property lines of adjacent properties.
4.
Protective fence means a fence constructed to enclose a hazard to the public health, safety and welfare.

Fence construction. Fences and walls may be located as follows:

1.
Fences and walls shall not be more than six feet in height and shall be constructed off the lot line by one foot.
2.
Fences and walls shall not exceed 3½ feet in height when located in a front yard or in the street side yard of a reversed corner lot.
3.
Fences and walls shall not exceed 2½ feet in height when located within a vision clearance triangle as defined in section 60-33(c).
4.
Finished sides of fences shall face the adjoining property owner.

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair.

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.

Nonconforming fences. Any fence existing on the effective date of this Code and not in conformance with this section may be maintained, but any alteration, modification or improvement of more than 50 percent of said fence shall result in the entire fence being brought into compliance with this section.

Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.

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.

(Code 2006, § 13-1-141; Ord. No. 202408-16, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-251. Swimming pools.

Exempt pools. Storable swimming or wading pools which are constructed so that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from provisions within this section as long as they are removed by October 1 and installed after May 1 of each year and meeting the provisions of SPS 316.

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, a building permit must be obtained.

Setbacks and other requirements.

1.
Private swimming pools shall be erected or constructed only on a lot occupied by a principal building.
2.
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.
3.
No swimming pool shall be located, constructed or maintained closer than 15 feet to any side or rear lot line.

Fences. 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 five 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.

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. Pool drains shall be located so no discharge of water from the pool takes place closer than 25 feet from a septic field or drywell.

(Code 2006, § 13-1-142; Ord. No. 202408-17, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-252. Manmade ponds.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

High-water mark means the line of the shore which is the anticipated water level.

Manmade ponds means any pond created by manmade occurrence such as by excavating stone, sand, gravel and/or topsoil from a property.

Permit required.

1.
General requirement. Except as provided below in subsection (b)(2) of this section for manmade ponds located in the A-1 or A-2 Agricultural Zoning Districts, ponds in excess of 50-square-feet in size require conditional use permit approval and a pond construction building permit before construction commences.
2.
Permit requirements in the A-1 and A-2 districts. Property located within the A-1 zoning district and property comprised of 20 acres or more in the A-2 zoning district are exempt from the conditional use permit requirement of subsection (b)(1) of this section; only issuance of a pond construction building permit is required.
3.
Application; fees. Applications for conditional use permits and pond construction building permits can be obtained from the town clerk. As prescribed in the town fee schedule, available in the office of the town clerk, a conditional use permit fee, exempt in zoning districts A-1 and A-2, of 20 acres or more, and a pond construction building permit are required.
4.
Permit issuance. The building inspector shall issue a pond construction building permit for manmade ponds following the town board's approval of the conditional use permit, if applicable, in accordance with the conditions, requirements and completion dates set forth. All such ponds shall comply with the standards herein.
5.
Other regulatory agencies. If pond jurisdiction falls under other regulatory agencies, an approved copy of other required permits shall be provided to the town building inspector prior to construction commencing.

Manmade pond standards.

1.
Number; permitted dimensions. One manmade pond is permitted per parcel. Said pond is not to exceed in size 20 percent of the parcel land area excluding road/highway/railroad rights-of-way after subtracting the minimum lot size of 1½ acres.
2.
Setbacks. The beginning slope of any such manmade pond shall be no closer than 75 feet to any side or rear property lines and no closer than 83 feet from the centerline of a public or private road as measured from the edge of the slope.
3.
Setbacks to septic systems. No pond shall be constructed within 50 feet of an existing or proposed soil absorption, on-site sanitary waste disposal system, or within 25 feet of an existing or proposed holding tank sanitary waste disposal system measured from the edge of the slope.
4.
Slopes. To allow for a safe exit from the pond, a slope no steeper than three to one shall be created and said slope shall extend vertically six feet below the high water mark.
5.
Perimeter ground cover. Upon completion of the pond, vegetation or other cover shall be established to the beginning of the water side slope.
6.
Maintenance; enlargement. Normal repairs and maintenance of existing ponds is permitted. Enlargement, however, of any pond by greater than ten percent of its original dimensions of surface water shall require conditional use permit approval and a pond construction building permit as prescribed by subsection (b)(3) of this section.

Enforcement. It shall be the duty of the zoning administrator to enforce the provisions of this section. The zoning administrator shall promptly report all such violations to the town board. The town board shall bring action to enjoin the digging of said pond.

Penalty. Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of, any of the provisions of this section may, in addition to paying double applicable permit fees, be required, upon conviction, to forfeit an amount as prescribed in section 1-17, together with the costs of prosecution.

(Code 2006, § 13-1-143)

Effective on: 1/1/1901

Sec. 60-253. Temporary nonmetallic and quarrying operations.

Temporary permits may be issued for temporary nonmetallic mining and quarrying operations which would result in the creation of a manmade pond which exceeds the size restrictions of section 60-252 when the property subject to quarrying operations is governmentally owned and operated, or privately owned and operated and when such quarrying operations are completed exclusively for town, county or state highway construction or reconstruction projects. Restoration of the property subject to the quarrying operations shall be completed within one year after discontinuing quarrying operations to a condition of practical usefulness and physical attractiveness. Permits issued pursuant to this section shall have an effective date of January 1, shall be valid for one year, and shall also be subject to annual renewal. Issuance and renewal shall be conditioned on past years performance. Complaints regarding performance of quarrying operations shall be made to the zoning administrator.

The permit issued pursuant to this section shall run concurrent with the highway/road construction or reconstruction project. The permit shall not be renewed beyond the duration of the highway/road project for which it was issued; with the exception that a reasonable amount of time, not to exceed six months may be granted to the operator to remove stockpiled materials from the property subject to the quarrying operations. The six-month period shall commence upon completion of the highway/road project. Completion of highway/road construction or reconstruction projects shall be deemed completed when materials from the temporary nonmetallic mining and quarrying operation are no longer needed by the constructing agency or department for the specific project for which the temporary permit has been issued.

(Ord. of 8-12-2008)

Effective on: 1/1/1901

Secs. 60-254—60-284. Reserved.

Effective on: 1/1/1901

Peshtigo Town City Zoning Code

ARTICLE X

ACCESSORY USES AND STRUCTURES; FENCES

Sec. 60-249. Accessory uses or structures.

(Code 2006, § 13-1-140; Ord. of 10-15-2013; Ord. No. 202408-15, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-250. Fences and walls.

1.
Fence means any enclosure, barrier or boundary consisting of wood, metal, plastic, stone or other material. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
2.
Architectural or aesthetic fence means a fence constructed to enhance the appearance of the structure or the landscape, with its decorative or finished side facing the adjoining lots or streets.
3.
Boundary fence means a fence placed along the property lines of adjacent properties.
4.
Protective fence means a fence constructed to enclose a hazard to the public health, safety and welfare.

Fence construction. Fences and walls may be located as follows:

1.
Fences and walls shall not be more than six feet in height and shall be constructed off the lot line by one foot.
2.
Fences and walls shall not exceed 3½ feet in height when located in a front yard or in the street side yard of a reversed corner lot.
3.
Fences and walls shall not exceed 2½ feet in height when located within a vision clearance triangle as defined in section 60-33(c).
4.
Finished sides of fences shall face the adjoining property owner.

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair.

Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.

(Code 2006, § 13-1-141; Ord. No. 202408-16, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-251. Swimming pools.

Setbacks and other requirements.

1.
Private swimming pools shall be erected or constructed only on a lot occupied by a principal building.
2.
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.
3.
No swimming pool shall be located, constructed or maintained closer than 15 feet to any side or rear lot line.

(Code 2006, § 13-1-142; Ord. No. 202408-17, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-252. Manmade ponds.

High-water mark means the line of the shore which is the anticipated water level.

Manmade ponds means any pond created by manmade occurrence such as by excavating stone, sand, gravel and/or topsoil from a property.

Permit required.

1.
General requirement. Except as provided below in subsection (b)(2) of this section for manmade ponds located in the A-1 or A-2 Agricultural Zoning Districts, ponds in excess of 50-square-feet in size require conditional use permit approval and a pond construction building permit before construction commences.
2.
Permit requirements in the A-1 and A-2 districts. Property located within the A-1 zoning district and property comprised of 20 acres or more in the A-2 zoning district are exempt from the conditional use permit requirement of subsection (b)(1) of this section; only issuance of a pond construction building permit is required.
3.
Application; fees. Applications for conditional use permits and pond construction building permits can be obtained from the town clerk. As prescribed in the town fee schedule, available in the office of the town clerk, a conditional use permit fee, exempt in zoning districts A-1 and A-2, of 20 acres or more, and a pond construction building permit are required.
4.
Permit issuance. The building inspector shall issue a pond construction building permit for manmade ponds following the town board's approval of the conditional use permit, if applicable, in accordance with the conditions, requirements and completion dates set forth. All such ponds shall comply with the standards herein.
5.
Other regulatory agencies. If pond jurisdiction falls under other regulatory agencies, an approved copy of other required permits shall be provided to the town building inspector prior to construction commencing.

Manmade pond standards.

1.
Number; permitted dimensions. One manmade pond is permitted per parcel. Said pond is not to exceed in size 20 percent of the parcel land area excluding road/highway/railroad rights-of-way after subtracting the minimum lot size of 1½ acres.
2.
Setbacks. The beginning slope of any such manmade pond shall be no closer than 75 feet to any side or rear property lines and no closer than 83 feet from the centerline of a public or private road as measured from the edge of the slope.
3.
Setbacks to septic systems. No pond shall be constructed within 50 feet of an existing or proposed soil absorption, on-site sanitary waste disposal system, or within 25 feet of an existing or proposed holding tank sanitary waste disposal system measured from the edge of the slope.
4.
Slopes. To allow for a safe exit from the pond, a slope no steeper than three to one shall be created and said slope shall extend vertically six feet below the high water mark.
5.
Perimeter ground cover. Upon completion of the pond, vegetation or other cover shall be established to the beginning of the water side slope.
6.
Maintenance; enlargement. Normal repairs and maintenance of existing ponds is permitted. Enlargement, however, of any pond by greater than ten percent of its original dimensions of surface water shall require conditional use permit approval and a pond construction building permit as prescribed by subsection (b)(3) of this section.

(Code 2006, § 13-1-143)

Effective on: 1/1/1901

Sec. 60-253. Temporary nonmetallic and quarrying operations.

(Ord. of 8-12-2008)

Effective on: 1/1/1901

Secs. 60-254—60-284. Reserved.

Effective on: 1/1/1901

Peshtigo Town City Zoning Code

ARTICLE X

ACCESSORY USES AND STRUCTURES; FENCES

Sec. 60-249. Accessory uses or structures.

(Code 2006, § 13-1-140; Ord. of 10-15-2013; Ord. No. 202408-15, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-250. Fences and walls.

1.
Fence means any enclosure, barrier or boundary consisting of wood, metal, plastic, stone or other material. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
2.
Architectural or aesthetic fence means a fence constructed to enhance the appearance of the structure or the landscape, with its decorative or finished side facing the adjoining lots or streets.
3.
Boundary fence means a fence placed along the property lines of adjacent properties.
4.
Protective fence means a fence constructed to enclose a hazard to the public health, safety and welfare.

Fence construction. Fences and walls may be located as follows:

1.
Fences and walls shall not be more than six feet in height and shall be constructed off the lot line by one foot.
2.
Fences and walls shall not exceed 3½ feet in height when located in a front yard or in the street side yard of a reversed corner lot.
3.
Fences and walls shall not exceed 2½ feet in height when located within a vision clearance triangle as defined in section 60-33(c).
4.
Finished sides of fences shall face the adjoining property owner.

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair.

Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.

(Code 2006, § 13-1-141; Ord. No. 202408-16, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-251. Swimming pools.

Setbacks and other requirements.

1.
Private swimming pools shall be erected or constructed only on a lot occupied by a principal building.
2.
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.
3.
No swimming pool shall be located, constructed or maintained closer than 15 feet to any side or rear lot line.

(Code 2006, § 13-1-142; Ord. No. 202408-17, 08/20/2024)

Effective on: 8/27/2024

Sec. 60-252. Manmade ponds.

High-water mark means the line of the shore which is the anticipated water level.

Manmade ponds means any pond created by manmade occurrence such as by excavating stone, sand, gravel and/or topsoil from a property.

Permit required.

1.
General requirement. Except as provided below in subsection (b)(2) of this section for manmade ponds located in the A-1 or A-2 Agricultural Zoning Districts, ponds in excess of 50-square-feet in size require conditional use permit approval and a pond construction building permit before construction commences.
2.
Permit requirements in the A-1 and A-2 districts. Property located within the A-1 zoning district and property comprised of 20 acres or more in the A-2 zoning district are exempt from the conditional use permit requirement of subsection (b)(1) of this section; only issuance of a pond construction building permit is required.
3.
Application; fees. Applications for conditional use permits and pond construction building permits can be obtained from the town clerk. As prescribed in the town fee schedule, available in the office of the town clerk, a conditional use permit fee, exempt in zoning districts A-1 and A-2, of 20 acres or more, and a pond construction building permit are required.
4.
Permit issuance. The building inspector shall issue a pond construction building permit for manmade ponds following the town board's approval of the conditional use permit, if applicable, in accordance with the conditions, requirements and completion dates set forth. All such ponds shall comply with the standards herein.
5.
Other regulatory agencies. If pond jurisdiction falls under other regulatory agencies, an approved copy of other required permits shall be provided to the town building inspector prior to construction commencing.

Manmade pond standards.

1.
Number; permitted dimensions. One manmade pond is permitted per parcel. Said pond is not to exceed in size 20 percent of the parcel land area excluding road/highway/railroad rights-of-way after subtracting the minimum lot size of 1½ acres.
2.
Setbacks. The beginning slope of any such manmade pond shall be no closer than 75 feet to any side or rear property lines and no closer than 83 feet from the centerline of a public or private road as measured from the edge of the slope.
3.
Setbacks to septic systems. No pond shall be constructed within 50 feet of an existing or proposed soil absorption, on-site sanitary waste disposal system, or within 25 feet of an existing or proposed holding tank sanitary waste disposal system measured from the edge of the slope.
4.
Slopes. To allow for a safe exit from the pond, a slope no steeper than three to one shall be created and said slope shall extend vertically six feet below the high water mark.
5.
Perimeter ground cover. Upon completion of the pond, vegetation or other cover shall be established to the beginning of the water side slope.
6.
Maintenance; enlargement. Normal repairs and maintenance of existing ponds is permitted. Enlargement, however, of any pond by greater than ten percent of its original dimensions of surface water shall require conditional use permit approval and a pond construction building permit as prescribed by subsection (b)(3) of this section.

(Code 2006, § 13-1-143)

Effective on: 1/1/1901

Sec. 60-253. Temporary nonmetallic and quarrying operations.

(Ord. of 8-12-2008)

Effective on: 1/1/1901

Secs. 60-254—60-284. Reserved.

Effective on: 1/1/1901