Spencer City Zoning Code
ARTICLE IX
Accessory Uses and Structures; Fences and Hedges
§ 480-67 Accessory uses, buildings or structures.
[Amended 3-12-2018; 5-13-2024]
A.
Building permit required. No owner shall, within the Village of Spencer, build, construct, use or place any type of an accessory building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the Zoning Administrator. Application for an accessory building permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee pursuant to the Village Building Code[1] 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 application shall be approved.
B.
Principal structure to be present. An accessory building or structure in any zoning district shall not be established prior to the principal building or structure being present or under construction. Any accessory building or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
C.
Placement restrictions. An accessory building, use or structure may be established subject to the following regulations:
(1)
Percentage of required rear yard occupied. No detached accessory building or buildings shall occupy more than 30% of the area of the required rear yard.
(2)
Height of accessory buildings in required rear yards. No detached accessory building located in a required rear yard shall exceed 20 feet in height.
(3)
Temporary storage buildings. Temporary buildings for storage of building materials and equipment and for construction purposes are allowed when on the same or adjoining lot as the principal use for a period not to exceed the duration of such construction.
(4)
Temporary offices. Temporary real estate offices for purposes of conducting sale of property in the tract are allowed where such temporary office is located for a period not to exceed two years from the date of start of construction or one year after the initial occupancy of an improvement, whichever is lesser.
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.
Accessory buildings in special and residential districts.
(1)
Location. No accessory building in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than 7 1/2 feet from all lot lines and from any other building or structure on the same lot except as provided hereunder.
(2)
On reversed corner lots. On a reversed corner lot in a residential district, no accessory building shall be located in a required rear yard within 25 feet of an adjoining property to the rear in a residential district, except when the accessory building is located not closer to the side lot line abutting the street than the least depth which would be required under this chapter for the front yard of such adjacent property to the rear, and in no case shall any part of an accessory building project beyond the principal building to which it is accessory.
F.
Accessory buildings in commercial and manufacturing districts. Accessory buildings in commercial or manufacturing districts shall not be located nearer than 10 feet to the rear lot line.
G.
Landscaping uses. Accessory vegetation used for landscaping and decorating may be placed in any required yard area. Permitted vegetation include trees, shrubs and flowers and gardens. Under no circumstances may a tent be used as a dwelling or an accessory structure.
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 1/2 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, sun dials, flagpoles, 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.
§ 480-68 Outside storage of firewood.
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 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.
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 of Ordinances.
E.
Not more than 30% of the side and rear yard may be used for storage of firewood at any one time.
§ 480-69 Outside storage of refuse; junk.
No manure, rubbish, inoperable vehicles, salvage material or miscellaneous refuse may be stored within any residential district when the same may be construed as a menace to the public health or safety or may be held to have a depressing influence upon property values in the area. Junk shall be placed in properly zoned junkyards only.
§ 480-70 Fences and hedges.
A.
Fences defined. For the purpose of this section, a "fence" is herein defined as 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 plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into five classifications:
(1)
Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.
(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.
C.
Height of fences regulated.
(1)
Residential fences less than six feet in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of § 480-48. Residential fences equal to or greater than six feet shall require a conditional use permit. All fences must be constructed and maintained in a good state of repair and appearance.[1]
(2)
No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
D.
Setback for residential fences. Fences in or adjacent to a residential property may be constructed along lot lines. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
E.
Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
F.
Prohibited fences. 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 industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or higher and project toward the fenced property and away from any public area.[2]
G.
Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair that is aesthetically appealing.
H.
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. 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.
I.
Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.
§ 480-71 Swimming pools.
A. PRIVATE OR RESIDENTIAL SWIMMING POOL
Definition. As used in this section, the following terms shall have the meanings indicated:
An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 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.
B.
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.
C.
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 minimum building permit fee pursuant to the Village Building Code[1] 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 as provided for in Subsection C, 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 codes and with any and all ordinances of the Village now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances of the Village 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 Village ordinances regulating electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed in 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 the waterline of any pool be less than five feet from any lot line.
F.
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 four 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 above the ground 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 when sidewalls a minimum of 36 inches high are unobstructed and access by ladders is restricted when the pool is not in use.
G.
Compliance. All swimming pools existing at the time of passage of this Code of Ordinances not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.
H.
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.[2]
I.
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.
J.
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.