Zoneomics Logo
search icon

Stanley City Zoning Code

ARTICLE K

Accessory Uses And Structures; Screening And Landscaping; Fences And Hedges

13-1-200 Accessory Uses Or Structures

  1. Building Permit Required for Accessory Buildings.
    1. Permit Required.
      1. No owner shall, within the City of Stanley, build, construct, use or place any type of an accessory structure or building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the Building Inspector. Application for an accessory structure permit shall be made in writing to the Building Inspector.
      2. With such accessory building application, there shall be submitted the following information:
        1. A complete set of building plans and specifications;
        2. Three (3) copies of a site plan or drawing accurately showing the location on the entire lot of the proposed accessory structure with respect to distances to adjoining alleys, streets, property lines easements, and other structures. The dimensions shall be shown of the lot, proposed accessory structure, principal structure (house), and any other accessory structures on the lot. A public street right-of-way is a property boundary line. The site plan must be drawn to scale, such as a scale of 1 inch = 20 feet; and
        3. A plat of survey, as prepared by a Wisconsin Registered Land Surveyor, shall be required if the property is located within or abuts a shoreland, wetland, floodplain, navigable waterway, or verification is difficult. If applicable, the Ordinary High Water Mark [two (2) feet above the 100-year floodplain elevation] and Wetland Delineation shall be shown.
      3. The required building plans and specifications shall include the following information:
        1. Floor plans, exterior dimensions, and a statement indicating the use of the accessory structure, including any second story area.
        2. Height of the accessory structure measured from the site lot grade to the peak of the roof peak and the building's exterior dimensions.
        3. Information and renderings illustrating design characteristics for all four sides of the proposed detached accessory structure, along with a current photograph of the principal structure on the parcel.
        4. Sufficiently detailed information on the type of construction and materials to be utilized, including that which is proposed to be used with the outside walls and roofing and the finish and color of such materials. Such information shall include what type of foundation and framing (type and spacing of lumber) is proposed to be used.
        5. In the case of a premanufactured residential accessory building, a copy of the manufacturer's plans, specifications and instructions shall be submitted.
        6. Description of the flooring and foundation to be used.
        7. Any changes to the original information provided with the original application must be resubmitted for further review by the Building Inspector to ensure that the changes are still in compliance with the minimum standards set forth herein.
        8. Any additional information required by City officials.
    2. Applicability to Temporary, Movable and Permanent Buildings. For purposes of this Zoning Code, no regulatory distinction is made between temporary, permanent, prefabricated or movable accessory buildings (such as those mounted on skids); all such accessory structures require an accessory building zoning permit and shall comply with the standards of this Zoning Code. Sheds built off-site and moved onto a lot and prefabricated accessory structures require a permit.
  2. Principal Structure/Use to be Present.
    1. Establishment of Principal Use Requirement. 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, unless a special limited-duration, one-time waiver is granted by the Common Council due to unique circumstances or one of the limited exceptions in Subsection (b)(2) below exists.
    2. Special Circumstances When an Existing Accessory Structure Is Present. A detached accessory structure that becomes the only structure on a lot as a result of a land division, a property line adjustment, or a demolition of the primary structure may remain on the lot if the owner has executed a contract with the City and placed a deed restriction on the parcel with the County Register of Deeds as follows:
      1. For a land division, the contract and deed restriction must require the owner to remove the accessory structure if, within two (2) years of final plat or certified survey map approval, a principal structure has not been built and received final inspection. The contract shall be executed with the City and the deed restriction placed on the parcel with the County Register of Deeds prior to the final land division approval.
      2. For a property line adjustment, the contract and deed restriction must require the owner to remove the accessory structure if a principal structure has not been built and received final inspection within two (2) years. The two (2) years period begins on the date the property line adjustment legally occurs, at which time the contract shall be executed with the City and the deed restriction placed on the parcel with the County Register of Deeds.
      3. For a demolition of a primary structure, the contract and deed restriction must require the owner to remove the accessory structure if a principal structure has not been built and received final inspection within two (2) years. The two (2) years period begins on the date of the final City inspection of the demolition. The contract and restrictive covenant shall be executed with the City and the deed restriction placed on the parcel with the County Register of Deeds prior to the issuance of the demolition permit by the City.
    3. Zoning District Requirements To Be Complied With. 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.
  3. Number of Detached Garages and Accessory Buildings on Residential Lots. In any residential district, in addition to the principal building, one (1) major detached accessory building/garage, one (1) minor utility accessory building of one hundred and fifty (150) square feet or smaller, and two (2) children's play structures may be placed on a lot, except as provided in Subsection (c)(2) below.
  4. Standards for Attached Accessory Buildings/Garages.
    1. Setback Requirements. All accessory buildings which are attached to the principal building, including attached garages, shall comply with the yard/setback requirements of the principal building. An attached or detached accessory structure or use shall not be forward of the front line of the principal structure.
    2. Determination of Attached Status. When accessory buildings are attached to the principal building, including attached garages, by a breezeway, passageway or similar means, or are separated by a nominal gap, they are considered to be a part of the principal building and shall comply in all respects with the yard/setback requirements and local building code requirements for the principal building.
    3. Carports. For purposes of this Section, a carport, as defined in Section 13-1-300, shall be considered to be an attached garage.
    4. Attached Garage Square Footage Limits.
      1. The maximum square feet of attached garage floor area shall be limited to the smaller of either one thousand (1,000) square feet or the first floor dwelling unit area in the case of a single family residence.
      2. The maximum square feet of attached garage floor area shall be limited to the smaller of either six hundred (600) square feet or the first floor dwelling unit area in the case of a duplex, two-family dwelling, or multi-family dwelling.
      3. Garages attached to dwellings shall be three (3) stalls or less. Dwellings with an attached three (3) stall garage are not permitted to have an additional detached garage on the parcel.
  5. Standards for Detached Accessory Buildings/Garages; Lot Area Coverage; Square Footage.
    1. Size Restrictions. In the aggregate, detached accessory buildings and structures, including detached garages, shall not occupy more than thirty percent (30%) of any required rear yard area.
    2. Front or Side Yard Placement Prohibited. No detached accessory building shall occupy any portion of the required front or side yard. Only rear yard placement is permissible. An accessory structure or use shall not be located forward of the front line of the principal structure.
    3. Height. Single-story detached garages and other single-story detached accessory buildings shall be twenty (20) feet or less in height. Two-story detached garages and other detached accessory buildings shall be twenty-five (25) feet or less in height. Accessory buildings in commercial and industrial districts shall not exceed twenty-five (25) feet in height.
    4. Yard Setback Requirements. Detached accessory buildings and garages shall have a six (6) foot setback from side or rear lot lines, except where the zoning district classification requires a specific setback standard. However, where a rear lot abuts an alley, accessory buildings not attached to the principal building shall be located so as to be not closer than six (6) feet to the rear lot line, except that when the accessory building is a garage that has its entrance facing the alley, the rear yard setback shall be twenty (20) feet for the garage.
    5. Setback from Principal Structure. An accessory building shall not be nearer than ten (10) feet to the principal structure unless the applicable building code regulations in regard to one (1) hour fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure.
    6. Setback from Other Accessory Buildings. No detached accessory building shall be located within five (5) feet of any other accessory building.
    7. Placement Where Utility Easements Exist. Where there is an existing utility easement, no detached garage or accessory building may be located closer than three (3) feet to such utility easement. In newly platted land divisions, detached garages and accessory buildings shall be located ten (10) feet from the utility easement.
    8. Lot Area Coverage Determination.
      1. The dimensions of any swimming pool, detached accessory building/garage, detached wind and solar energy conversion units, and other detached accessory buildings/structures shall be included in the determination of available lot area coverage and square footage for accessory structures.
      2. The dimensions of any storable swimming pool, children's play structures, firewood storage enclosures, and other accessory structures specifically exempted in this Article shall not be included in the determination of available lot area coverage and square footage for accessory structures.
  6. 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.
  7. 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 (3) feet to the side line of the adjacent structure.
  8. Landscaping or Gardening Uses and Lawn Accessories. Accessory decorative lawn accessories, structures and vegetation used for landscaping or gardening may be placed in any required yard area. Permitted landscaping or gardening structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, fountains, statuary, bird baths, walks, paths, paved terraces, ornamental pools, trees, shrubs and flowers and gardens, provided newly placed vegetation and accessories are located no closer than three (3) feet to a property or right-of-way line. Pergolas and gazebos shall comply with setback requirements.
  9. Temporary Accessory 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.
  10. Garages in Embankments in Front Yards. Where the mean natural grade of a front yard is more than eight (8) 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 (5) feet from the front lot line;
    2. That the floor level of such private garage shall be not more than one (1) foot above the curb level; and
    3. That at least one-half (1/2) the height of such private garage shall be below the mean grade of the front yard.
  11. Outdoor Lighting. Outdoor lighting installations shall not be permitted closer than three (3) feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed fifteen (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 foot candles at the property line.
  12. Retaining Walls. Retaining walls may be permitted on a lot, pursuant to Section 13-1-204.
  13. 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 for the purpose of setback compliance only, whether such play structures are placed on a foundation or not. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this Section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.
  14. Terrace Area Restrictions. In addition to the definitions and restrictions contained in Title 6, Chapter 2 of this Code of Ordinances, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.
  15. Offensive Uses Prohibited. No accessory use shall be dangerous, obnoxious or offensive to persons residing in the vicinity, nor shall it impair the use, enjoyment or value of any property.
  16. Prohibited Dwelling or Rental Use.
    1. Dwelling Use Prohibited. No accessory structure shall be used or let for living purposes, whether for compensation or not.
    2. Rental Use. An accessory structure shall not be rented or leased to any person not a resident of the principal structure.
  17. Gardening. Home gardening is a permitted accessory use on any residential lot with a dwelling or the principal use on any vacant lot or parcel.
  18. Dog Houses/Runs. Dog houses and/or runs shall comply with the setback requirements in Section 13-1-202.
  19. Agricultural (Farm) Buildings.
    1. Agricultural buildings, used for agricultural purposes only, such as barns, silos, bins, sheds, and farm machinery sheds in the A-1, A-2, and A-3 Agricultural Districts, shall not be considered accessory buildings. Such buildings are principal agricultural buildings and shall comply with the yard and height requirements of the agricultural districts. There shall be a building separation of at least ten (10) feet between buildings.
    2. Non-agricultural accessory buildings are permitted only after the residence is present on the parcel.
  20. Tents; Fabric-Covered Structures; Hoop-Supported Structures.
    1. Prohibited Use as Permanent Accessory Structure. No tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame, may be used as a permanent accessory structure in a non-agricultural district without Common Council approval; such structures may be erected and used no more than six (6) months per year without being removed. An exception is that a plastic or fabric-covered hoop-supported or tubular greenhouse may be maintained if used exclusively for personal greenhouse use.
    2. Anchoring Requirement. Any permitted tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame shall be fastened or anchored in a stable manner to the ground.
    3. Limitations on Utility Service. No plumbing, electrical, heating or other utility service may be installed in a tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame except for seasonal use in personal greenhouses. A tent shall not be used as a dwelling other than for temporary recreational use.
    4. Compliance with Accessory Building Requirements. Any tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame, shall comply with the dimensional and yard/setback requirements of this Section.
  21. Decks; Patios; Gazebos; Pergolas. The following require an accessory building zoning permit and shall comply with the following requirements:
    1. Decks. Decks which are constructed six (6) inches or more above lot grade, and which are attached to or closer than eight (8) feet to the principal structure, shall be considered a part of the principal structure and shall comply with the setback requirements for principal structures in that zoning district. [See Section 13-1-42(f)]. Freestanding decks separated from the principal shall be located a minimum of eight (8) feet from the principal structure and shall comply with the setback requirements for accessory structures in that zoning district. Decks constructed less than six (6) inches above lot grade shall comply with the setback requirements for patios.
    2. Patios. Patios, constructed at or below lot grade, shall comply with the setback requirements for accessory structures in that zoning district.
    3. Gazebos; Pergolas. A gazebo or pergola connected with a deck which is attached to the principal structure, as defined in Subsection (v)(1) above, shall comply with the setback requirements for principal structures in that zoning district. Freestanding gazebos or pergolas shall comply with the setback requirements for accessory buildings in that zoning district. A gazebo or pergola shall not exceed two hundred forty (240) square feet in size.
  22. Air Conditioning Compressors. Central air conditioning compressors are permitted in the rear yard or side yard without a permit, provided that the compressor shall be located a minimum of five (5) feet from a lot line. Where it is determined that it is impractical to locate a central air conditioning compressor in the side or rear yards due to unique practical limitations with a lot, the Building Inspector may permit placement in the street yard provided that the air conditioning compressor is screened from view.
  23. Design Standards for Detached Accessory Buildings; Architectural Requirements. Except where more restrictive requirements exist for accessory structures elsewhere in this Section, the following standards shall be complied with for residential detached accessory structures exceeding one hundred and fifty (150) square feet:
    1. Architectural Consistency Requirements In All Residential Zoning Districts.
      1. Accessory buildings shall have a design composition which is architecturally consistent with the principal building, and shall incorporate similar complimentary design elements and colors; the roof pitch and roof line of an accessory building shall be the same or similar to that of the principal building. This Subsection is not applicable to greenhouses.
      2. Accessory building walls clad with a singular exterior surface material shall provide some additional architectural design element(s) to break up the visual plane of the wall. This may be done by the addition of windows, gable end wall treatments, siding design and accent panels, protruding pilasters, or other architectural design treatments consistent with the principal building design. Building facades and elevations which appear as a "blank wall" with no architectural delineation and/or architectural detail shall not be allowed.
      3. In addition to the above requirements, detached residential accessory structures shall utilize similar exterior wall siding materials as then exist on the principal residential structure on the property. In the case of principal residential structures utilizing exterior brick, stone or masonry, similar brick, stone or masonry materials shall be used on the front portion of the exterior walls of the detached accessory structure. Masonry, stone or brick accents or trim elements matching similar components on the principal residential structure are acceptable to complement a residence constructed with brick, stone or masonry siding materials. For the remainder of the accessory structure located on a residential residential parcel with a brick, stone or masonry residence, siding materials shall resemble siding materials utilized on at least one (1) other non-brick/masonry residential structure found on an adjacent or on the same block in the residential neighborhood, if any, provided that such comparison structure must meet the minimum design standards of this Section.
    2. Exterior Finishes and Materials.
      1. The exterior walls of accessory structures shall be clad with: painted metal cladding which in non-reflective; cement fiber siding; engineered composite siding; wood; wood shakes; wood clapboards; vinyl, steel or aluminum beveled siding; brick, stone or other masonry-type veneer materials; or similar materials approved by the Building Inspector. The color and texture of exterior wall materials shall be similar to the color used on the exterior of the principal residential structure. Accessory structures in residential districts shall utilize exterior wall materials of similar type, color and texture as found on the principal structure on the lot. Pole-type construction accessory structures in residential districts may only be permitted if the criteria herein can be met and a sufficient landscape plan for the structure has been approved.
      2. Roofs of all accessory structures on residential parcels shall be covered with asphalt shingles; wood or shake shingles; standing painted metal siding; tile roofing; or slate roofing. Accessory structures in residential districts shall have roof lines and angles similar to the roof lines and angles of the principal residential structure on the property. No flat roofs shall be permitted on accessory structures (boathouses excepted) unless the principal residential structure has a flat roof covering more than half of the residence, excluding a garage or carport flat roof feature attached to the principal residential structure.
      3. Galvanized, reflective or corrugated exterior metal siding or roof finishes are not permitted on detached accessory structures. Any metal walls or roofing shall be not less than 26 gauge, roll-formed ribbed sheeting with a factory-applied nonreflective finish with a manufacturer's warranty of not less than twenty (20) years for the metal and finish. The use of used metal siding/roofing is not permitted.
      4. For structures twenty (20) feet in length or greater, roof design shall include architectural distinction to interrupt the visual continuity of the roof. The inclusion of a roof cupola, roof dormers or roof line changes would act as acceptable architectural elements.
      5. Detached non-seasonal accessory structures shall not have a rooftop deck (boathouses excepted).
      6. All accessory structures and garages shall be constructed of durable materials and shall not utilize fabric/plastic/rubber materials or membranes used in such a fashion or manner so as to be a substitute for building walls and/or roof or roofs of said accessory structure or garage.
      7. Detached accessory structures shall have windows established on at least two (2) walls.
    3. Anchoring. Accessory buildings with foundations shall be secured with anchor bolts. Accessory buildings not located on a foundation shall be provided with suitable anchoring to the ground.
    4. Lot Area Determination. The dimensions of any swimming pool, children's play structure, detached garage, dedicated sports court, detached gazebo or pergola, and other detached accessory buildings/ structures shall be included in the determination of available lot area coverage for accessory structures. Patios and decks are not included in such determinations.
    5. Required Roof Overhangs. All detached structures over one hundred fifty (150) square feet in size, in a residential district, must have a minimum one (1) foot overhang with facia and soffit on all sides, unless an alternative option is approved by the Common Council. No portion of the accessory building, including roof eaves, shall extend across a property line.

13-1-201 Outside Storage Of Firewood

  1. Permitted Limited Storage. 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 thirty (30) days from the date of its delivery.
  2. Storage.
    1. Unenclosed Storage. Firewood should be neatly stacked and may not be stacked closer than two (2) feet to any lot line and not higher than six (6) 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. Any structures erected to shelter firewood are subject to the setback standards in Section 13-1-200.
    2. Firewood Storage Enclosures. One (1) firewood enclosure structure per lot is permitted with a roof and four (4) open sides to protect firewood used for fuel. Such structure shall not exceed four hundred eighty (480) square feet, exceed eight (8) feet in height, or be included in accessory structure number, square footage or lot area coverage calculations. Such structure shall not be used for any other purpose. Only equipment used in preparing the firewood and the wood shall be stored in the structure.
  3. Debris Removal. 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.
  4. Diseased Wood. 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.
  5. Lot Area Coverage. Not more than twenty percent (20%) of the side and rear yard may be used for storage of firewood at any one (1) time.

13-1-202 Fences

  1. Definitions. The following words and terms shall have the meanings herein provided in this Section:
    1. Arbor. A decorative solid or latticework structure or trellis which is used as an entrance focal point along a barrier which serves the purpose of a fence.
    2. Berm. A mound of earth higher than the final elevation of a lot.
    3. Fence. An enclosed barrier or vertical screen device consisting of wood, stone, vinyl or metal intended to limit ingress or egress and/or provide privacy and containment. This definition also includes, but is not limited to, trellises, railings and walls when used around the perimeter of a property.
    4. Fence, Agricultural/Farm. A fence meeting the agricultural fence standards of Chapter 90, Wis. Stats., consisting of wire strands, high tensile strands or other types of material used for agricultural purposes meeting the statutory requirements.
    5. Fence, Architectural or Aesthetic. A fence constructed to enhance the appearance of the structure or the landscape.
    6. Fence, Boundary. A fence placed on or within five (5) feet of the property lines of adjacent properties.
    7. Fence, Good Neighbor. A fence constructed of solid or spaced boards where the face boards are installed at the center of the posts so that the fence looks the same from both sides.
    8. Fence, Protective. A fence constructed to enclose a hazard to the public health, safety and welfare.
    9. Fence, Security. A fence designed for protection of a site, of an open-type similar to woven wire or wrought iron fencing, not exceeding eight (8) in height.
    10. Install, Installation, Installed. To construct, erect, install, place, or replace over sixteen (16) lineal feet.
    11. Lot, Double Frontage. An interior lot having street frontage on the front and the rear of the lot.
    12. Trellis. A frame or structure of open latticework.
  2. Fence Permit Required. No person shall install a fence in the City of Stanley without first obtaining a fence permit from the City, including special purpose fences under Subsection (n), paying the required permit fee prescribed by Sec. 1-3-1, and complying in all respects with the terms and conditions of this Section. A fence permit shall be valid only for the term of issuance, unless sooner revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than sixteen (16) lineal feet of a fence within a five (5) year period. A fence permit may include reasonable conditions required by the City. A fence permit application shall be filed with the City and include the following:
    1. Fee Payment. Payment of the permit fee and completed application forms required by the Building Inspector, Zoning Administrator or City Clerk-Treasurer.
    2. Plan. A drawing, site plan or plat map displaying property boundaries, the location of buildings and structures on the property, the proposed location of the fence and its distances from other structures on the parcel.
    3. Design Information. Accurate design information for the proposed fence, including height and materials to be utilized.
    4. Leased Property — Owner's Consent. If the fence is proposed to be installed on leased or rented property, the written consent of the owner.
  3. Responsibilities of Property Owner; Location Determination.
    1. Proper Location Responsibility. The property owner installing a fence is solely responsible for ensuring that the fence is properly located on his/her property, and is in compliance with height, setback, vision clearance and materials requirements. If uncertainty exists regarding the actual location of lot lines, it is the owner's responsibility to secure a lot survey.
    2. Covenant/Easement Compliance. The property owner is responsible for complying with any private subdivision covenants or deed restrictions or utility easement(s) restrictions, including any applicable plan review/approval requirements.
  4. Fence Installation General Requirements. No fence shall be installed except in strict compliance with this Section:
    1. Digger's Hotline. Prior to fence installation, the applicant shall contact Diggers Hotline service to have the project site marked.
    2. Good Neighbor Placement Requirement. Structural and support components of a fence shall face internally into the applicant's lot, facing away from adjacent properties. Fences shall be installed with the finished side facing adjacent properties or the public right-of-way. Fence posts shall be located on the inside of the fence facing the property on which the fence is located, except when the style of fence is of a design commonly known as a "Good Neighbor Fence."
    3. Grade; Contour. Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.
    4. Height. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the fence site shall require approval by the Building Inspector prior to installation. The height of fences and walls shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height will be measured vertically from the base of the berm.
    5. Placement Near Sidewalks. Fences shall be installed no closer than six (6) inches to a public sidewalk.
    6. Fence Placement Where Utility Easements Exist. Where there is an existing utility easement, no fence may be located closer than three (3) feet to such utility easement. In newly platted land divisions, fences shall be located then (10) feet from the utility easement.
  5. Approved Fence Materials.
    1. Proper Materials. Fences located in side and/or rear yards of residential parcels shall be constructed using materials suitable for residential-style fencing, including, but not limited to: brick, fieldstone, wrought iron, vinyl, chain link [with a required top rail support and a minimum nine (9) gauge thickness], split rail wood, stockade or board-on- board wood.
    2. Open Visibility Standard. Residential front yard fences shall be fifty percent (50%) open (see-through) and be of wrought iron, picket or split rail design. Chain link fencing is permitted in side or rear yards only and its use is not permitted in residential front yards.
    3. Agricultural Fences. Agricultural/farm fences shall only be permitted in agriculturally-zoned or used districts, as determined by the City, and shall comply with Ch. 90, Wis. Stats.
    4. Improper Materials. No fence shall be constructed of used, discarded or scrap materials in disrepair, including, but not limited to, pallets, tree branches/stumps, crates, vehicle parts, refuse or other similar items. Materials not specifically manufactured for fencing, such as doors, railroad ties, landscape timbers or utility poles shall not be used in fences. Fences shall not be constructed of luminous materials or smooth or corrugated metal materials.
    5. Finish. All fences, including privacy fences, shall only be painted or stained in neutral colors.
  6. Modifications to Existing Fences. All modifications to a pre-existing fence shall comply with this Section. Any existing fence shall not be enlarged, extended or replaced for more than sixteen (16) linear feet in a three (3) year period except in compliance with this Section.
  7. Height and Placement of Residential Fences Regulated.
    1. Height. Residential fences eight (8) feet or less in height are permitted with a two (2) foot setback on rear and side lot lines, but shall not continue beyond the front of the principal structure or the required front yard setback, whichever is furthest from the street right-of-way. A fence may be placed on a rear or side lot line provided both property owners consent in writing and a copy of such agreement is filed with the City Clerk-Treasurer per Subsection (h). Residential fences less than or equal to four (4) feet in height are permitted in the street/front yard setback area but shall not be closer than two (2) feet to any public right-of-way and shall not exceed two and one-half (2-1/2) feet in height in a vision clearance triangle [see Subsection (j) below].
    2. Narrow Lot Standards. In any residential district or on any lot or premises, the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of ten (10) feet or less.
    3. Non-Residential Fences Adjacent to Residential Parcels. No fence or wall shall be erected, placed or maintained along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.
  8. Setback for Residential Fences.
    1. Fence Setback With No Adjacent Owner Consent. Fences in or adjacent to a residential property (or property primarily residential in use) are permitted along lot lines with a minimum two (2) foot side and rear yard setback without permission from adjacent property owners.
    2. Fence Setback With Adjacent Owner Consent.
      1. Fences may be placed on property lines only with the written approval of adjoining property owners, a copy of which shall be provided to the City; such fences shall fully comply with the permit and standards requirements of this Section.
      2. If a new fence is constructed or erected on a property line without the express written consent of the adjoining property owner, whether proper permits have been issued or not, a written complaint may be filed with the Zoning Administrator, who shall give notice to the owner of the fence to remove the fence. If the owner does not comply within thirty (30) days from the date of notification, the Zoning Administrator may request the City of Stanley to remove it at the owner's expense.
    3. Front Setback Areas. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
  9. Industrial/Commercial Security Fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed eight (8) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
  10. Corner Lot Vision Clearance Requirements.
    1. Standards. In order to provide adequate vision clearance on corner lots, no fence shall be erected or maintained within the triangular space formed by two (2) intersecting street, alley, or driveway (public or private) property lines and a line joining points on such property lines (or projections thereof) located less than:
      1. A minimum of twenty (20) feet from the intersection of the two street property lines;
      2. A minimum of fifteen (15) feet from the intersection of the two alley property lines; or
      3. A minimum of ten (10) feet from the intersection of the two driveway property lines.
    2. Determination. Street or alley property lines are measured from the right-of-way or easement lines establishing such street or alley. Driveway lines are measured from the easement establishing such driveway, or, in the case of no easement, from the edge of the driveway surface.
  11. Prohibited Fences.
    1. Dangerous Condition; Barbed Wire. No fence shall be constructed which is of a dangerous condition, 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 eight (8) feet above the ground or height and project toward the fenced property and away from any public area.
    2. Electric Fences. Although fences which conduct electricity or are designed to electrically shock are generally prohibited, such fences using smooth wire are allowed for the limited purpose of deer control if located five (5) feet from a lot line.
    3. Improper Wire Fencing. No woven, twisted, welded or interlaced wire fence or farm-type woven wire, such as using chicken wire, shall be located in a non-industrial district, unless such fencing is ornamental in character.
    4. Improper Wood-Slat Fencing. No wood-slat or plastic snow fence shall be permitted as a regular use in a Residential District, except as a temporary use under Subsection (m).
    5. Post-Only Fences. No fence shall consist solely of fence posts or be maintained as an incompletely constructed fence consisting only of posts and supporting members.
  12. Fences to be Repaired; Corrective Action.
    1. Good Repair Requirement. 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. Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.
    2. Compliance Standards for Existing Fences. Any existing fences which do not conform to the requirements of this Section and which are damaged, or in need of repair to the extent that exceeds fifty percent (50%) of the then value of the fence, said entire fence shall either be completely dismantled or reconstructed in compliance with the provision of this Section.
    3. Failure to Maintain. All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. Failure to maintain a fence in good condition and repair will result in the City issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and with a penalty set forth in Section 1-1-7.
  13. Temporary Fences; Permit Not Required.
    1. Standards. 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 (4) 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 forty-five (45) days.
    2. Seasonal Fences. This Section is not intended to regulate seasonal or temporary fences such as garden or snow fences except that such fences shall be removed when the condition or season for the said fence was erected no longer exists. Under no circumstances shall a snow fence be erected for more than five (5) months.
  14. Special Purpose Fences.
    1. Swimming Pool/Hot Tub Fences. Swimming pool and hot tub fences shall comply with the requirements of Section 13-1-203.
    2. Pet Enclosures; Dog Runs. Pet enclosures and dog runs shall be permitted in residential districts subject to the following conditions:
      1. No fence permit is required prior to installation of a pet enclosure or dog run.
      2. No pet enclosure or dog run shall be in excess of two hundred and fifty (250) square feet in area, or be more than six (6) feet in height above the surface of the ground.
      3. Pet enclosures and dog runs may be constructed of any material permitted for a residential fence.
      4. No pet enclosure or dog run shall be constructed contrary to required vision clearance area requirements.
      5. Pet enclosures and dog runs shall be located no closer than ten (10) feet to a side or rear lot line, and shall not be located to the front of the principal structure.
    3. Anhydrous Ammonia Sites. Anhydrous ammonia tank sites shall be fenced as prescribed in Section 8-1-13.
  15. Nonconforming Fences. Any fence existing on the effective date of this Chapter and not in conformance with this Section may be maintained, but alterations, modifications or improvements of more than fifty percent (50%) of said fence shall require the owner to bring the fence into compliance with this Section.
  16. Special Needs Residents — Fencing. Owners of a residence where a special needs resident has a documented need for a special contained yard area are permitted to provide an enclosed fenced yard in the rear of the lot. The property owner, in order to secure a permit to construct and maintain such a fence, shall provide to the City independent medical documentation of a resident's special needs requiring a contained yard area. The right to maintain such a fence shall expire when the special need no longer exists and the fence shall then be removed, at the owner's expense, at such time. The fence shall be constructed at the owner's expense and shall conform with the following:
    1. Location. Fenced enclosures under this Subsection shall be placed in the rear of the home in a manner that preserves existing vegetation and natural screening, except that lots five (5) acres or larger may have a special needs fenced enclosure in the front yard with appropriate natural screening and landscaping designed to minimize the visual impact of such fence.
    2. Enclosure Materials. Only materials such as masonry, wrought iron, chain link, wood stockade, board-on-board, or composite materials shall be used. Such fencing shall be consistent with applicable private restrictive covenants, where applicable, which may impose additional requirements as to fencing and materials which may be used.
    3. Color. Special needs fencing shall utilize natural colors, with no painting.
    4. Landscaping. When a suitable planting screen is not present on the site, plantings shall be added to any non-residential side of the special fence. Plants shall be spaced so that in ten (10) years' time the plants shall have matured into a continuous vegetative screen. Suitable plants include upright evergreens and coniferous trees and shrubs such as lilac.
    5. Height. The special needs fence shall not be more than seven (7) feet in height.

13-1-203 Swimming Pools And Hot Tubs

  1. Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than two (2) feet located below the surface of ground elevation, having an area greater than one hundred fifty (150) square feet, used or intended to be used solely by the owner, operator or lessee thereof and his/her 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. Such pool is installed in such a manner that the in-ground 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.
  2. Exempt Storable Pools. Storable children's swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of twenty-four (24) 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. Inflatable pools of all types are exempt.
  3. Permit; Construction Requirements.
    1. Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or hot tubs or on any alterations, additions, remodeling or other improvements, an application for a swimming pool or hot tub 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 shall 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 City Building Code shall accompany such application.
    2. Construction Requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction or installation of a swimming pool or hot tub unless the following construction requirements are observed and the fee as prescribed in Section 1-3-1 is paid:
      1. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements for pool or hot tub installation shall be in accord with all state regulations and with any and all Ordinances of the City of Stanley now in effect or hereafter enacted.
      2. All plumbing work shall be in accordance with all applicable Ordinances of the City of Stanley and all state codes. Every private or residential swimming pool or hot tub shall be provided with a suitable draining method and, in no case, shall waters from any pool or hot tub 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 or hot tub shall be in conformance with the state laws and City Ordinances regulating electrical installations.
  4. Setbacks and Other Requirements.
    1. Permissible Locations. Private non-storable swimming pools or hot tubs shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool or hot tub 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. Setbacks. All non-storable swimming pools and outdoor hot tubs shall be at least ten (10) feet from any lot line or building, measured at the water line, unless designed and approved by the City as an addition to a building.
    3. Prohibited Placement Areas. Non-storable swimming pools and hot tubs shall not be constructed in the front yard or in a required corner side yard.
    4. Area Calculations. Swimming pools either open or enclosed shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.
  5. Enclosure.
    1. Fencing of Pools. Except as otherwise provided in Subsection (e)(2) below for above-ground pools, all outdoor, below or above-grade swimming pools shall have a fence or other solid structure not less than four (4) feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three (3) inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and 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 when not in actual use.
    2. Non-storable Above-Ground Pools; Pool Wall Barrier.
      1. 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 wall of the pool. Such walls shall extend more than four (4) feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six (6) feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
      2. The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of thirty-six (36) inches high on the top. All gates or doors opening through such enclosures shall be equipped with a latching device capable of keeping the gate or door securely closed at all times when not in actual use. Each such gate shall be secured by a combination lock or by a lock worked by a key.
      3. An above-ground swimming pool which has a pool wall exceeding forty-eight (48) inches above the grade and has no decking shall be exempt from the fencing requirement, provided it has a retractable ladder or gate capable of being closed and latched and locked with a combination lock or by a lock worked by a key when the swimming pool is not in use.
    3. Miscellaneous Outdoor Hot Tub Requirements.
      1. Hot tubs surrounded in whole or in part by a deck which has steps leading to the hot tub shall be equipped with a gate a minimum of four (4) feet in height and capable of being latched and locked with a combination lock or by a lock worked by a key to secure access to the hot tub when not in use.
      2. Service gates and gates which are part of a fence or wall enclosing a hot tub which are located across a driveway shall be kept closed and latched at all times by the property owner or occupier when not in use for ingress or egress. When such areas are not in use, such gates shall be locked with a combination lock or by a lock worked by a key.
      3. Hot tubs equipped with a fitted cover and capable of supporting a minimum of two hundred (200) pounds shall be exempt from required fencing.
  6. 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 the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Plumbing Inspector.
  7. 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.
  8. 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.
  9. Compliance. All swimming pools and outdoor hot tubs existing at the time of original 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. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.

13-1-204 Retaining Walls

  1. Purpose. The purpose of this Section is to protect private and public property from the adverse effects of inadequately designed, located and constructed retaining walls.
  2. Permit Required.
    1. When Required. A permit from the Zoning Administrator or Building Inspector shall be required for all retaining walls constructed which exceed twenty-four (24) inches in height, including terraced retaining wall projects where the total height of all walls exceeds twenty-four (24) inches and are located closer than fifteen (15) feet to a property line.
    2. Application.
      1. Application shall be made to the Zoning Administrator or Building Inspector and shall include applicant information, a site plan or survey, and a set of construction plans. Plans for retaining walls five (5) feet or greater shall be prepared and sealed by a Wisconsin-licensed engineer. The Zoning Administrator or Building Inspector may require such other information deemed necessary to adequately review the proposed retaining wall may also be required. The Zoning Administrator or Building Inspector shall have the authority, as a condition of granting such permit, to require such additions, changes and safeguards as he/she determines to be necessary.
      2. The survey or site plan shall accurately portray existing conditions on the parcel.
      3. Any application for a permit for any retaining wall designed to be five (5) feet or more high or proposed to be located one (1) foot or closer to a property line shall be referred to the Plan Commission for a determination. No permit shall be issued until the Plan Commission approves the same as to location, materials, appearance, design, drainage and landscaping.
    3. Permit Exceptions. The following types of retaining walls shall not be required to obtain a permit:
      1. Edgings anywhere on a lot less than eight (8) inches in height of stone, brick, concrete, metal, timber, plastic or other materials around plantings, trees, gardens, patios, driveways or trees.
      2. Decorative walls not in excess of twenty-four (24) inches in height and located a minimum of five (5) feet from the property line constructed of natural or manufactured stone, brick or timbers around plantings, trees, gardens, patios, driveways or trees.
    4. Application Processing. The Zoning Administrator or Building Inspector may issue a permit for a retaining wall which conforms to the following:
      1. Is located one (1) foot or more from a property line and is not more than five (5) feet in height.
      2. Is not constructed in a drainageway, drainage swale or drainage easement, or in a City right-of-way, unless deemed necessary by the City Engineer.
      3. Is not located on an easement.
      4. Is constructed of structurally sound materials, with a design and color which are generally harmonious with its surroundings.
      5. Does not have an undue adverse effect on values of adjacent or nearby properties.
  3. Standards. Approval of any retaining wall under the provisions of this Section shall be based on such factors as the Zoning Administrator, Building Inspector or Plan Commission, as the case may be, deems relevant, including, but not limited to, whether:
    1. Appropriate Use. In the off set area, the difference in grade between lots is best controlled by a retaining wall, or in the setback area terrain makes a slope to the municipal right-of-way impractical.
    2. Sound Design. The retaining wall will be structurally sound and so constructed that the wall will properly contain and support the ground, pavement, walks and other nearby structures. The retaining wall shall be designed to properly resist the lateral pressure of the retained material in accordance with accepted engineering practices. Retaining walls containing drained earth should be designed for pressure equivalent to that exerted by an equivalent fluid weighing not less than thirty (30) pounds per cubic foot and having a depth equal to that of the retained earth.
    3. Neighborhood Impacts. The retaining wall's appearance, design, concept, location and height are harmonious with the principal structure on the lot and nearby properties.
    4. Corner Vision Clearance. If located on a corner lot, the retaining wall shall not unduly obstruct the vision clearance setback area.
  4. Maintenance. Retaining walls shall be properly maintained and be kept in a sound condition. Retaining walls which are determined by the City to be of a faulty or dangerous condition or are poorly maintained so as to adversely affect the values of adjacent or nearby properties shall be repaired or removed within sixty (60) days by order of the Zoning Administrator or Building Inspector, unless an emergency exists posing a hazard to public safety requires a shorter compliance period.

13-1-205 Portable Storage Units

  1. Scope of Provisions.
    1. Portable Storage Container Units. A portable storage unit may be either:
      1. Any container, shed-like container, or other portable structure, typically enclosed or open only on the top of the unit, no larger in dimension than ten (10) feet wide x ten (10) feet in height x twenty (20) feet in length and transported to a residential location for temporary storage purposes (typically known as PODs, MODs, etc.). Such units or containers are designed or intended to be used for the storage of personal property and are located for such purposes outside of an enclosed building; or
      2. Non self-propelled, fully enclosed trailers that are designed or used to transport materials, goods and equipment and are temporarily placed on property zoned or used for residential purposes (semi-trailers) for storage purposes.
    2. Units Excluded; Limitations. Dumpsters and commercial shipping containers of the kind used to ship goods and materials by rail, ship or truck are not included in the scope of this Section and are subject to different regulations. Commercial shipping containers shall not be placed or used for storage or any other purpose on a residential property.
  2. Permissible Portable Storage Unit Use. The use of portable storage units on a residential parcel is allowed under the following conditions:
    1. Authorization. Authorization has been obtained from the Building Inspector pursuant to Subsection (c) below for temporary placement on a property.
    2. Number. There shall be no more than one (1) portable storage unit per residential property. No other type of temporary storage or shipping container may also be located on the property.
    3. Duration. A portable storage unit shall not remain on a residential property for more than sixty (60) consecutive days, and must not be placed on any one property in a zoning district in excess of sixty (60) days in a twelve (12) month period.
    4. Placement Location.
      1. The portable storage unit shall be placed within the buildable area of the lot and be on a concrete, asphalt or similar hard surface.
      2. If a portable storage unit is placed in the required front yard, the unit shall be located only in the area primarily used for vehicular ingress and egress and shall be located a minimum of ten (10) feet from the edge of the curb. Where no curb exists, the portable storage unit shall have a fifteen (15) foot setback from the edge of the pavement.
      3. If a portable storage unit is placed in a rear or side yard, the setback requirements for accessory buildings for that zoning district shall be complied with.
    5. Prohibited Materials. Portable storage units shall not be used to store materials and substances including or of a similar nature: contractor's materials and equipment, nonresidential items and equipment, solid waste, refuse, hazardous materials, explosives, flammable liquids, and other harmful or illegal substances and materials.
    6. Construction Site Exception. Portable storage units for the temporary storage of personal property associated with and made necessary by construction at a residential property are exempt from the aforementioned conditions. Portable storage units associated with construction activities at a site where a building permit has been issued are permitted for the duration of the construction and shall be removed from the site within fifteen (15) days of the end of construction.
  3. Authorization Procedures.
    1. Notification. The owner or occupant of a residential lot or parcel on which a portable storage unit will be placed is responsible for providing notice to the Building Inspector within twenty-four (24) hours of placement. The owner or occupant shall provide his/her name, property address, contact telephone number(s), and email address.
    2. Authorization. The Building Inspector will respond by mail or email with a written authorization if the owner or occupant has provided sufficient information. Upon request, the Building Inspector may grant a time extension upon a showing of good cause and there have been no violations of the requirements under this Section.

13-1-206 Sports Courts

  1. Scope of Provisions. A sports court is a dedicated hard surfaced area purpose-built for playing tennis, basketball, shuffleboard, or other similar such sporting activities on a residential lot. A residential driveway or paved parking area occasionally used for such activities is not considered to be a sports court. A sports court may be constructed and maintained on a residential lot in addition to permissible detached accessory structures.
  2. Permit Application.
    1. Permit Requirement. An accessory building zoning permit per Section 13-l-200(a) is required for all sports courts prior to construction.
    2. Application Requirements. In addition to the required application information prescribed in Section 13-1-200(a), permit applications for sports courts shall include the following additional information:
      1. Court dimensions;
      2. A site plan drawn to scale showing the location of the court on the lot, and the distance from other structures and property lines;
      3. Lighting plan;
      4. Landscaping plan;
      5. Fencing plan, including information on the height and type of proposed fencing; and
      6. Any other information deemed necessary by the Building Inspector.
  3. Standards for Sports Courts.
    1. Number. A residential lot is permitted to have one (1) sports court. A sports court may only be constructed on a lot after the principal structure is under construction or present.
    2. Location. Sports courts may only be located in rear or side yard areas. No sports court may be constructed in a front yard or over an easement.
    3. Setback Requirements. A sports court, and attendant facilities (example: equipment structure), shall be located a minimum of ten (10) feet from any property lines or residential structure.
    4. Lighting. If a sports court will have lighting, such lights shall be extinguished by 10:00 p.m., shall be directed onto the court, and shall be shielded and directed downwards to minimize light migration and glare onto adjacent properties. All such lighting shall comply with City of Stanley lighting ordinances.
    5. Fencing.
      1. Fencing enclosing a sports court on a residential parcel shall use either purpose-manufactured sports netting or utilize corrosion-resistant #9 gauge woven wire mesh similar to chain link design. No such fence shall exceed exceed ten (10) feet in height. Fence posts shall be decay-resistant.
      2. Upon application for consideration, the Plan Commission may modify such fencing requirements where structures or vegetation provide a substantial equivalent of the fencing required by this Section. However, such waiver shall not permit a sports court enclosure fence to serve as a lot line fence governed by Section 13-1-202.
    6. Drainage. Adequate provisions, satisfactory to the Building Inspector, shall be made to prevent drainage of surface water from the sports court onto adjoining properties.
    7. Additional Requirements. The Building Inspector shall have the authority when granting a permit to require such design changes, additions and safeguards which he/she determines to be necessary.
  4. Miscellaneous Requirements.
    1. Hours of Operation. No sports court located within one hundred (100) feet of an adjacent residence shall be used between 10:00 p.m. and 7:00 a.m.
    2. Private Use Only. Sports courts on residential parcels shall not be used for commercial purposes.
    3. Noise Limitations. No excessive, loud or unnecessary noises from a sports court which disturb the comfort and quiet of neighboring residents is permissible. City noise ordinances shall be complied with.
    4. Nuisances. No sports court shall be maintained or operated in such a manner as to create a hazard or nuisance or in other ways be detrimental to the public safety, health and welfare or result in substantial adverse effect on neighboring properties.
  5. Complaints. In the event complaints are received regarding a sports court, the Building Inspector shall refer such complaints to the Plan Commission. Following written notice to the property owner with the sports court and public hearing, the Plan Commission may issue an order to terminate the objectionable activity complained about or impose appropriate changes.

13-1-207 Solar Access And Solar Energy Systems

  1. Purpose
    1. Use of Solar Energy in the City. The City of Stanley desires to encourage the use of solar energy buy its citizens, businesses and industries, and permit reasonable uses of solar energy. The City recognizes that properly designed local zoning, land use and building code regulations can prepare the community for greater access to solar energy. An objective of this Section is to preserve neighborhood aesthetics while encouraging sustainable solar energy design.
    2. Public Safety. The installation of solar energy systems according to established standards by properly trained and licensed personnel is essential to the safe and efficient operation of said systems. This Section is intended to promote best practices and set forth site-specific solar planning standards. 
    3. Compliance with State Law Standards. This Section is adopted in compliance with the requirements of Sec. 66.0401, Wis. Stats., relating to local regulation of solar energy stestems and the State's expressed policy of encouraging the use of solar energy. As required by this Statute, this Section satisfies state law requirements by meeting the following objectives:
      1. Serves to preserve or protect the public health or safety;
      2. Does not significantly increase the cost of the solar energy system or significantly decrease the system's efficiency; and
      3. Allows for an alternative system of comparable cost and efficiency.
  2. Definitions. The following definitions shall be applicable in this Section, and shall also be considered amendments to the Zoning Code's general definitions in Section 13-1-300:
    1. Solar Array. An accessory system or device that is roof-mounted, wall-mounted or ground-mounted with racks or poles, used to collect radiant energy directly from the sun for use in a solar collector's energy transformation process. Solar arrays are accessory and incidental to the parcel's principal use and are designed primarily for serving on-site needs or a use that is related to the principal use of the property.
    2. Solar Energy Collection System. A device, structure, or part of a device or structure, the substantial purpose of which is to transform solar energy (direct radiant energy from the sun) into thermal, mechanical, chemical, or electrical energy.
    3. Solar Energy Collection System, Canopy Mounted. A solar energy collection system consisting of elevated solar panels installed above parking lots, carports, or other paved areas. 
    4. Solar Energy Collection System, Ground Mounted. A solar energy collection system associated with mounting hardware which is affixed or placed upon the ground including, but not limited to, fixed, passive, or active tracking racking systems. 
    5. Solar Energy Collection Energy System, Roof Mounted. A solar energy collection system structurally mounted to the roof of a building or other permitted structure, including limited equipment associated with a system which may be ground mounted. Such systems are typically installed parallel to the roof with a few inches gap.
    6. Solar Farm. An array of multiple solar collectors on ground-mounted racks or poles that collect solar energy on a nonresidential property and may be either the primary principal use for the parcel on which the collector system is located or an accessory use on a parcel following issuance of a conditional use permit. Solar farms also typically serve off-site uses and may include on-site battery storage facilities. 
  3. Building Permit Required.
    1. Building Permit Requirements. A building permit is required prior to the construction and/or erecting of a solar array, solar energy collector of any type, or a solar farm pursuant to the requirements of Title 15, Chapter 1 of this Code of Ordinances. A separate zoning permit is not required except where a conditional use permit is necessary under this Zoning Code and specifically this Section. The types of permits and inspections which may be required are site-specific and equipment-specific. Prior to seeking local permits, the applicant is encouraged to use the services of a qualified consultant or solar contractor to determine if the property has a suitable solar energy site. The following are generally required:
      1. A building permit is required. When deemed necessary by the Building Inspector, wind-load and structural-load calculations are also required as part of the building permit application when structural and wind loads are concerns due to weight, size, or extensive racking and/or footings of the proposed equipment and associated devices. Building-integrated solar energy systems such as solar shingles, windows, skylights, awnings, etc., are subject to building permit requirements. 
      2. Electrical permits are required for all solar electric equipment and solar water heaters.
      3. Plumbing permits are required for all solar water heaters and may be required for solar air collector systems.
      4. Ground-mounted solar arrays or solar farms may be determined by the Building Inspector or Zoning Administrator as creating impervious surface areas exceeding lot standards for improved surfaces. The area of each panel shall be considered impervious for purposes of calculating lot coverage and any applicable landscape surface ration. In such instances, any applicable permits shall be conditional upon the owner constructing appropriate mitigation measures for stormwater runoff.
      5. Solar installations and protection of solar rights shall also be in compliance with Sec. 66.0401, Wis. Stats.
    2. Inspections and Enforcement. The requirements and conditions herein are enforced by the City. Inspections of the site and equipment may be conducted by the Building Inspector, Zoning Administrator, or designee as appropriate. Violations and penalties are subject to the applicable code.
    3. Utility Interconnections. If the solar collectors being used are designed to generate electricity and will be linked to the electrical grid serving the property, an interconnect agreement or proper permit application, with the electrical service provider utility is required and shall be provided to the City at the time of application for any local permit.
  4. Ground-Mounted Solar Energy Collections Systems - Permitted Accessory Use. Except as provided herein, ground mounted solar energy collection systems which are not solar farms are permitted accessory uses in all zoning districts provided the requirements of this section are complied with:
    1. Residential districts - property must be more than one acre in size.
    2. All parts of a free-standing ground-mounted solar energy collection system shall have a setback of no less than twenty-five (25) feet from all property lines and shall not be located in any type of easement. 
    3. Ground-mounted solar energy collection systems may only be located in rear yard areas of residential properties but may be located in any yard of non-residential districts.
    4. The maximum height of any ground-mounted solar energy collection system shall be fifteen (15) feet high measured from the base of the pole to the highest edge of the system. The minimum clearance between the lowest point of the system and the surface on which the system is mounted is twelve (12) inches. 
    5. In all non-residential districts, ground-mounted accessory solar arrays exceeding height standards may be allowed by conditional use permit under the procedures of Article E of this Chapter.
  5. Roof- or Wall-Mounted Solar Energy Collection Systems - Permitted Accessory Use. Except as provided herein, roof- or wall-mounted solar energy collection systems are permitted accessory uses in all zoning districts provided the requirements of this Section are complied with:
    1. At the time of building permit application, the Building Inspector, at his/her discretion, may require that the applicant provide a report from a Wisconsin-licensed structural engineer stating that the roof is structurally sufficient to accommodate the solar units.
    2. Roof-mounted solar energy collection systems may be located on any roof face of a principal or accessory building. Solar collection units shall be flush-mounted when possible.
    3. Roof-mounted solar energy collection systems shall not extend more than three (3) feet beyond the peak of a sloped roof, or shall not extend more than six (6) feet above the highest point of the roof line in the case of a flat roof or roofs with less than a ten percent (10%) pitch.
    4. Wall-mounted solar energy collection systems shall project no more than three (3) feet from the surface of the building and shall be in compliance with the setback requirements for the principal structure. 
  6. Canopy-Mounted Solar Energy Collection Systems - Permitted Accessory Use. Except as provided herein, canopy-mounted solar energy collection systems are permitted accessory uses in all non-residential zoning districts provided the requirements of this Section are complied with:
    1. The height of the canopy-mounted solar energy collection system shall not exceed the height of the primary building that the parking lot or similar structure serves. This height limitation may be altered by conditional use permit. 
    2. A canopy-mounted solar energy collection system shall not be erected over a drive aisle, driveway, or other area where it may obstruct emergency vehicles.
  7. Solar Farms - Conditional Use. Solar farms are either the principal use on the property on which located or an accessory use on the property. Solar farms require a conditional use permit pursuant to the procedures of Article E of this Chapter and may only located on a property zoned for industrial or agricultural use. Solar farms shall meet the following requirements:
    1. Solar farms shall comply with all setback and height requirements for principal structures in the district in which located unless height requirements are modified by conditional use permit but in no case shall exceed thirty (30) feet in height. Such standards shall be applicable to all equipment which is part of the solar farm system. 
    2. A Wisconsin-licensed engineer shall certify that the foundation and design of the solar panels and mounting system are within accepted professional standards.
    3. Systems, equipment, and structures located on the solar farm property shall be fully secured and enclosed by a fence or wall of not less than eight (8) feet to prevent access by unauthorized persons or animals. The design of such fencing shall be approved by the Building Inspector or Zoning Administrator. Knox boxes (rapid entry systems) and keys shall be provided at locked entrances for emergency personnel access. 
    4. An appropriate warning sign shall be provided at each entrance to the solar farm along the perimeter. The sign shall include the facility's emergency contact telephone number, including a 24-hour contact number.
    5. One (1) informational sign not exceeding twenty-four (24) sq. ft. is allowed per solar farm for educational or acknowledgement purposes. 
  8. Homeowners Association Rules and Restrictive Covenants. A homeowners association's rules or restrictive covenants shall comply with the standards of Sec. 66.0401, Wis. Stats., and not be more restrictive than the requirements of this Section. Sec. 236.292, Wis. Stats., voids private land use restrictions on platted lands which prevent or unduly restrict the construction or operation of solar energy systems. 

State Law Reference: Secs. 66.0401 and 236.292, Wis. Stats.

HISTORY
Adopted by Ord. 2024-002 on 2/19/2024

13-1-208 Electric Vehicle Charging Stations

  1. General
    1. Private (restricted access) EV charging stations are permitted as accessory uses in all zoning districts.
    2. Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.
  2. Parking
    1. Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.
    2. Public electric vehicle charging stations must be reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.
  3. Equipment. Vehicle charging equipment must be designated and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks. 
  4. Usage Fees. Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station.
  5. Posted Information.
    1. Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.
    2. Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.
  6. Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other current contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.
HISTORY
Adopted by Ord. 2024-013 on 5/20/2024

2024-002

2024-013