(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 districts. 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 buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(3)

Detached accessory buildings.

a.

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.

b.

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.

c.

Any accessory building in a residential district which exceeds 12 feet by 12 feet, or in the case of a garage, 30 feet by 32 feet, shall first obtain a conditional use permit.

d.

No detached accessory building located in a required rear yard shall exceed 15 feet in height.

e.

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.

f.

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.

(c)

Use restrictions in residential districts. 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 ten feet to any side or rear lot line.

(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 flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.

(g)

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.

(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 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.

(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.

(j)

Lawn accessories. Walks, drives, paved terraces 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.

(k)

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 1992, § 13-1-140)

(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 shall 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.

(c)

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.

(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.

(e)

Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.

(Code 1992, § 13-1-141)

(a)

Fence 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" shall include plants, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance. For the purpose of this section, the definition of a "fence" shall not include barriers designed to protect gardens from animals nor shall it include kennels.

(b)

Vision triangle clearance. No wall or fence shall be permitted which materially impedes vision across a vision triangle consisting of a triangular corner setback 30 feet from the intersecting public street right-of-way lines and ten feet from intersecting alleys and driveways.

(c)

Fences categorized. Fences shall be categorized into five classifications:

(1)

Boundary fence. In all districts, no fence may be placed within one foot of the property lines of adjacent properties or within three feet of a sidewalk. However, a boundary fence may be placed closer than one foot from the property line of adjacent properties, as long as, there is a recorded easement on the adjacent property for ingress and egress to maintain the fence. Said recorded easement shall run with the land.

(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 may 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. A picket fence may not be placed within four feet of a sidewalk or other public right-of-way.

(d)

Residential height limitation. Fences in residential districts or in any other districts for which the principal use is residential may not exceed six feet in height, excepting food production garden fences which are allowed during the growing season with a maximum height of eight feet.

(e)

Limitation on fences. For all districts, all street yard fences or shrubs shall be decorative only and they must not be more than three feet in height and must have a setback of three feet from the front lot line. All street yard fences must have at least 50 percent of their surface in air space.

(f)

Yards defined. For purposes of this section, the following definitions for yards shall apply:

(1)

Street yard. That portion of the lot that is located between a public street and a line parallel to the public street which is extended across the width of the lot from the closest part of the principal structure to the public street.

(2)

Rear yard. That portion of the lot that is located between the back boundary line of the lot and a line parallel to the public street which is extended across the width of the lot from the closest part of the principal structure to the back boundary line of the lot.

(3)

Side yard. That portion of a lot that is located between the principal structure on the lot and the boundary line of the lot that runs approximately perpendicular to a public street.

(4)

Corner lot yard. A corner lot shall have two street yards as defined in subsection (f)(1) of this section which shall abut upon public streets, with the remaining portion of the corner lot to be considered a rear yard.

(g)

Limitation on fences associated with residential dwellings. In residential districts or in any other district for which the property's principal use is residential, the following shall apply:

(1)

No fence shall be comprised of barbwire or other material intended to maintain security by means of bodily injury.

(2)

Chainlink fences, similar fences of woven wire or wrought iron fencing shall not be permitted in street yards, but may be permitted in the side or rear yards as long as said fences comply with all other zoning regulations and/or ordinances.

(3)

No electrified fences shall be permitted.

The plan commission may authorize an exception to these requirements with a conditional use permit if a hardship is properly documented.

(h)

Finished sides toward neighbors. The finished side of all fences shall be oriented toward neighboring properties with fence posts placed on the interior side of the fence.

(i)

Security fences. Security fences shall not exceed ten feet in height and shall be of an open type similar to chainlink or woven wire or wrought iron fencing. Said fences shall be permitted in all yards for commercial and industrial uses and may not placed closer than one foot from the property lines of adjacent properties or within three feet of sidewalks. Said security fence may be placed closer than one foot from the property line of adjacent properties, as long as, there is a recorded easement on the adjacent property for ingress and egress to maintain said security fence.

(j)

Hedges. The height and setback for hedges shall be the same as required for fences; provided, however, hedges three feet in height or less, from sidewalk level, may be kept in the street yard setback area, and provided further that no hedge shall be permitted in the tree lawn and/or terrace area or, where no tree lawn and/or terrace area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained. For all districts, in the event said hedge is utilized as a boundary said hedge may not be placed closer than three feet from the property lines of adjacent properties. Said hedge may be placed closer than three feet from the property line of adjacent properties, as long as there is a recorded easement on the adjacent property for ingress and egress to maintain the hedge. Said recorded easement shall run with the land.

(k)

Prohibited fences. No fence shall be constructed which is in a dangerous condition, as determined by the director of public works, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in agricultural or industrially zoned areas 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.

(l)

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.

(m)

Building permit required. The issuance of a building permit shall be necessary prior to the construction and/or erection of any fence, regardless of the estimated cost of construction for said fence. The issuance of a permit shall not be necessary for temporary fences as described in subsection (n) of this section.

(n)

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 white or brightly colored streamers or other such warning devices at four-foot intervals. Such temporary 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.

(Code 1992, § 13-1-142; Ord. No. 98-3, § 1, 9-10-1998; Ord. No. 03-2022, 6-21-2022)

(a)

Definition. The term "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.

(b)

Exempt pools. Small 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.

(c)

Permit required for permanent pools. Before work is commenced on the construction or erection of permanent 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. A fee in the amount provided in the city fee schedule shall accompany such application.

(d)

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 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 accord with all state regulations and code 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, 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.

(e)

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 this chapter for an accessory building, and in no case shall be water line of any pool be less than five feet from any lot line.

(f)

Fence enclosure.

(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. 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)

48-inch or deeper pools, a gated entrance is required and pool ladders shall be removed when not in use.

(g)

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 building 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.

(h)

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

(i)

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 1992, § 13-1-143)