Trenton Town Washington County
City Zoning Code
City Zoning Code
ARTICLE X
Accessory Uses and Structures; Fences and Hedges
§ 380-107 Accessory uses or structures.
[Amended 3-21-2006; 2-6-2007 by Ord. No. 2-1-2007; 3-19-2019 by Ord. No. Z2019-02-03; 7-21-2020 by Ord. No. Z2020-07-02; 3-15-2022 by Ord. No. Z2022-03-01; 10-16-2023 by Ord. No. Z2023.09.01; 12-16-2024 by Ord. No. Z2024.12.01; 3-16-2026 by Ord. No. Z2026.03.02]
A.
General standards for all districts.
(1)
Permit required. Prior to construction, a Town building permit is required for any accessory structure. The applicant shall submit design information and a proposed site drawing at the time of filing.
(2)
Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
(3)
The requirements of this section shall comply with all accessory structures, including:
(a)
Accessory structures consisting of tubular frames and canvas outer skin or any type of frame and any type of covering.
(b)
Accessory structures placed on wheels, skids, etc., except for the purpose of agricultural use, such as a chicken tractor.
(4)
Attached accessory structures. All accessory structures which are attached to the principal structure shall comply with the yard requirements of the principal structure.
(5)
Size and height standards:
(a)
Square footage is calculated on the base of the structure. Square footage for the permit fee is the total of all floor space.
(b)
Accessory structures may have a second floor but in no case shall any accessory structure have more than two floors, including a basement level.
(c)
Accessory structures shall not exceed the height of the principal residence.
(d)
Height shall be determined by measuring from the grade line to a structure's ridge line.
(6)
Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear nor nearer than three feet to the sideline of the adjacent structure.
(7)
Landscaping, decorative use and lawn accessories.
(a)
Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers and gardens.
(b)
Walks, drives, paved terraces and purely decorative garden accessories, such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.
(8)
Temporary uses. Temporary accessory uses, such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure, may be permitted by the Zoning Administrator.
(9)
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.
(10)
Retaining walls. Retaining walls may be permitted anywhere on the lot with the following provisions:
(a)
No individual wall shall exceed six feet in height;
(b)
A retaining wall with fencing erected on top of the wall shall not exceed a combined height of six feet, except that in the front yard, the combined height shall be limited to three feet;
(c)
A terrace of at least three feet in width shall be provided between any series of such walls; and
(d)
Along a street frontage no such wall shall be closer than five feet to the road right-of-way.
(11)
No reduction of land area through land divisions of any kind (including transfers of land between abutting property owners) shall be allowed if the property owner has constructed the maximum number and/or square footage of accessory structure(s) allowed, unless the accessory structure(s) is reduced in number and/or size prior to the land division occurring to meet the requirements of Town ordinances for the reduced-size parcel.
B.
Additional standards for residential districts. An accessory use or structure in a residential district may be established subject to the following regulations:
(1)
All residential districts:
(a)
Permitted accessory structures are incidental to the residential use, and include such structures as the following:
[1]
Private detached garages.
[2]
Gardening, tool and storage sheds.
[3]
Greenhouses.
[4]
Poultry houses.
[5]
Other similar structures.
(b)
An accessory structure permitted as a chicken coop no larger than 100 square feet shall not be considered in number or total area of accessory structures permitted.
(c)
The use of semitrailers, freight containers, or other types of similar storage containers as accessory structures is prohibited.
(d)
Metal accessory structures require architectural approval by the Plan Commission, including the following:
[1]
Color.
[2]
Height, which cannot exceed the height of the residence measured at the front door of the residence.
[3]
Architecture which is pleasing and compatible with the surrounding.
[4]
Appropriate landscaping.
[5]
Exterior lighting shall be aimed at a downward angle and shall not be aimed at, illuminate, or encroach upon neighboring properties.
(e)
Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry.
(f)
Accessory structures shall not be occupied as a dwelling unit.
(g)
Accessory structures shall be building code compliant, meeting all building restrictions in the Town of Trenton.
(2)
Lake lots.
(a)
Accessory uses and detached accessory structures are permitted in the street yard of lots abutting a lake, provided that such use or structure shall not be closer than 10 feet to the principal structure, shall not occupy more than 20% of the street yard area, shall not be closer than five feet to a side lot line and shall not be closer than 15 feet to the right-of-way of a public or private road.
(b)
Accessory structures 26 feet or less in width shall not be more than 15 feet in height; accessory structure height may be increased two feet for every four feet of width added beyond 26 feet but shall in no case exceed 35 feet in height.
(3)
Nonlake lots.
(a)
Accessory uses and detached accessory structures in R-1 through R-8 Residential Districts and CES Country Estates Districts are permitted in the rear or side yards of lots not abutting a lake, unless otherwise noted, provided that such use or structure shall meet all Building Code separation footage from the principal dwelling.
(b)
The accessory structure shall not occupy more than 20% of the rear yard.
(c)
The accessory structure shall conform to Washington County Planning and Parks setbacks for sanitary systems.
(d)
In R-1 through R-8 Residential Districts, minimum rear and side yards of 10 feet from accessory structures shall be required.
(e)
In CES Country Estates Districts, minimum rear and side yards of 50 feet from accessory structures shall be required, except that on lots fronting a cul-de-sac a minimum side yard of 25 feet from accessory structures shall be required.
(f)
Accessory structures 26 feet or less in width shall not be more than 15 feet in height; accessory structure height may be increased two feet for every four feet in width added beyond 26 feet but shall in no case exceed 35 feet in height.
C.
Provisions for accessory structures in specific districts. Note that number and size limitations are detailed in Table 107-1 (residential districts) and Table 107-2 (agricultural districts).
(1)
R-1 Single-Family Residential District (Unsewered) and R-2 Single-Family Residential District (Unsewered). In addition to the general standards listed in Subsections A and B above, the following size and number provisions apply in the R-1 and R-2 Districts:
(a)
A maximum of two accessory structures shall be permitted.
(b)
A maximum total area of 800 square feet shall be permitted for accessory structures.
(c)
Accessory structure area may be increased by 100 square feet for each acre over one acre per parcel or fraction thereof, with a maximum total combined area of 1,800 square feet.
(2)
R-3 Rural Residential District and C-1 Conservancy District. In addition to the general standards listed in Subsections A and B above, the following provisions apply in the R-3 and C-1 Districts:
(a)
A maximum of two accessory structures shall be permitted on parcels less than or equal to 10 acres, and a maximum of three accessory structures shall be permitted on parcels greater than 10 acres.
(b)
A maximum total area of 1,000 square feet shall be permitted for accessory structures.
(c)
On parcels greater than 25 acres, additional number or size of accessory structures above the limits stated may be approved at the sole discretion of the Plan Commission upon application.
(d)
Loafing sheds permitted. Notwithstanding the permitted accessory structure requirements in this subsection, loafing sheds may be permitted as temporary structures at the sole discretion of the Plan Commission and the Town Board with conditions such as limitations and restrictions relating to height, width, setback, number of stalls, and any other aesthetic concerns. If there are no livestock on the property for a period of six months, the loafing shed located on the property must be removed.
(e)
Accessory structures may be placed in the street yard setback forward of the dwelling with the following conditions:
[1]
The lot must conform to the minimum width standard of 300 feet.
[2]
The setback must meet the minimum setback from the right-of-way in R-3 zoning.
[3]
The structure must be at least 10 feet from the dwelling but cannot be more than 30% of the road right-of-way setback from the dwelling.
[4]
The accessory structure must match the roof pitch in the front decor of the dwelling.
(3)
R-4 Single-Family Residential District (Sewered), R-5 Single-Family Residential District (Sewered), R-6 Two-Family Residential District (Unsewered) and R-7 Two-Family Residential District (Sewered). In addition to the general standards listed in Subsections A and B above, the following provisions apply in the R-4, R-5, R-6 and R-7 Districts:
(a)
A maximum of two accessory structures shall be permitted.
(b)
A maximum total area of 800 square feet shall be permitted for accessory structures on parcels up to one acre. A maximum total area of 900 square feet shall be permitted on parcels over one acre.
(4)
R-8 Multiple-Family Residential District (Unsewered). Permitted accessory structures shall be considered by application to the Plan Commission.
(5)
CES Country Estates Districts. In addition to the general standards listed in Subsections A and B above, the following provisions apply in the CES-5 and CES-10 Districts:
(a)
General standards. The following general standards shall apply to accessory structures in the Country Estates Districts:
[1]
Accessory structures are allowed in the rear or side yard.
[2]
Side yard setback shall be 30 feet and must be at least 150 feet from a neighboring residence.
[3]
Height of an accessory structure shall be a maximum of 35 feet.
(b)
Plan Commission approval required. All accessory structures constructed in Country Estates Zoning Districts require Plan Commission approval. The following application materials must be included in the application:
[1]
Plat of survey prepared by a Wisconsin-registered land surveyor which accurately depicts and dimensions the proposed location of the accessory structure. The accessory structure shall be located as depicted on the survey or as approved by the Plan Commission.
[2]
Specific exterior structure dimensions shall be included, including height.
[3]
Color.
[4]
The accessory structure shall be compatible and architecturally pleasing with the surrounding area.
[5]
Landscape plan for the surrounding area.
[6]
Exterior lighting shall be aimed at a downward angle and shall not be aimed at, illuminate, or encroach upon neighboring properties.
(c)
The Plan Commission may recommend to the Town Board or the Town Board may increase the minimum required setbacks of the accessory structure(s) as deemed necessary.
(d)
Loafing sheds permitted. Notwithstanding the permitted accessory structure requirements in this subsection, loafing sheds may be permitted as temporary structures at the sole discretion of the Plan Commission and the Town Board with conditions such as limitations and restrictions relating to height, width, setback, number of stalls, and any other aesthetic concerns. If there is no livestock on the property for a period of six months, the loafing shed located on the property must be removed.
(e)
The materials for construction of the accessory structure shall be consistent with the materials represented by the applicant to the Plan Commission and shall remain consistent throughout the useful life of the accessory structure.
(f)
The property owner and the property owner's successor and assigns shall maintain landscaping and screening consistent with a plan for the accessory structure approved by the Plan Commission throughout the useful life of the accessory structure.
(g)
Construction of the accessory structure shall not commence until an approved landscape plan is agreed to by the property owner and the Plan Commission. The landscape plan can be submitted with the structure plans as part of the structure approval process.
(h)
The accessory structure shall not be rented or leased to any person, nor may the accessory structure be used by any person other than the owner of the property upon which the accessory structure is located.
(i)
CES-5 Country Estates District (five-acre minimum) number and size limitations:
[1]
A maximum of three accessory structures totaling no more than 1,600 square feet on parcels up to six acres.
[2]
Accessory structure area may be increased by 100 square feet for each acre over six acres per parcel or fraction thereof, with a maximum area not to exceed 2,000 square feet on any parcel.
[3]
If a single accessory structure is constructed to the maximum square footage allowed for the parcel, no additional accessory structures shall be allowed on the parcel.
(j)
CES-10 Country Estates District (ten-acre minimum) number and size limitations:
[1]
A maximum of three accessory structures totaling no more than 2,400 square feet on parcels up to 12 acres.
[2]
Accessory structure area may be increased by 100 square feet for each acre over 12 acres per parcel or fraction thereof, with a maximum area not to exceed 3,200 square feet on any parcel.
[3]
If a single accessory structure is constructed to the maximum square footage allowed for the parcel, no additional accessory structures shall be allowed on the parcel.
(6)
A-1 Agricultural District. In addition to the general standards listed in Subsection A above, the following provisions apply to accessory structures in the A-1 Agricultural District, regardless of agricultural or nonagricultural use:
(a)
Number and size limitations:
[1]
A maximum of two accessory structures shall be permitted.
[2]
A maximum total area of 800 square feet shall be permitted for accessory structures.
[3]
Accessory structure area may be increased by 100 square feet for each acre over one acre per parcel or fraction thereof, with a maximum not to exceed 1,700 on any parcel.
[4]
Approval of additional number or size of accessory structures above the limits stated may be approved at the sole discretion of the Plan Commission upon application.
(b)
An accessory structure permitted as a chicken coop, no larger than 100 square feet, shall be exempt from total number and square footage of accessory structures permitted.
(c)
Loafing sheds permitted. Notwithstanding the permitted accessory structure requirements in this subsection, loafing sheds may be permitted as temporary structures at the sole discretion of the Plan Commission and the Town Board with conditions such as limitations and restrictions relating to height, width, setback, number of stalls, and any other aesthetic concerns. If there is no livestock on the property for a period of six months, the loafing shed located on the property must be removed.
(7)
AT, EA and AE Agricultural Districts. In addition to the general standards listed in Subsection A above, the following provisions apply in the AT, EA and AE Districts, for parcels of at least 35 acres:
(a)
Accessory structures for agricultural use shall be permitted with no limit as to number or size.
(b)
Accessory structures for nonagricultural use shall not exceed two structures totaling no more than 3,200 square feet
(c)
Permitted nonagricultural accessory structures are permitted in the rear yard or side yard, shall not exceed 35 feet in height to the ridgeline of the roof and shall comply with the setback requirements of the district.
(d)
Accessory structures may be placed in the street yard setback forward of the dwelling and must comply with the minimum setback from the road right-of-way.
(e)
Loafing sheds permitted. Notwithstanding the permitted accessory structure requirements in this subsection, loafing sheds may be permitted as temporary structures at the sole discretion of the Plan Commission and the Town Board with conditions such as limitations and restrictions relating to height, width, setback, number of stalls, and any other aesthetic concerns. If there is no livestock on the property for a period of six months, the loafing shed located on the property must be removed.
Table 107-1 Accessory Structures Number and Size Limitations - Residential Zoning Districts Number of Accessory Structures Indicated in (); Total Square Footage Indicated after () Example: (2) 800 = 2 accessory structures totaling no more than 800 sq ft | |||||
|---|---|---|---|---|---|
Parcel Size (Acres) | R-1, R-2 Districts | R-3, C-1 Districts | R-4, R-5, R-6, R-7 Districts | CES-5 District | CES-10 District |
<=1 | (2) 800 | N/A | (2) 800 | N/A | N/A |
>1, up to 2 | (2) 900 | N/A | (2) 900 | N/A | N/A |
>2, up to 3 | (2) 1,000 | (2) 1,000 | N/A | N/A | N/A |
>3, up to 4 | (2) 1,100 | (2) 1,100 | N/A | N/A | N/A |
>4, up to 5 | (2) 1,200 | (2) 1,200 | N/A | N/A | N/A |
>5, up to 6 | (2) 1,300 | (2) 1,300 | N/A | (3) 1,600 | N/A |
>6, up to 7 | (2) 1,400 | (2) 1,400 | N/A | (3) 1,700 | N/A |
>7, up to 8 | (2) 1,500 | (2) 1,500 | N/A | (3) 1,800 | N/A |
>8, up to 9 | (2) 1,600 | (2) 1,600 | N/A | (3) 1,900 | N/A |
>9, up to 10 | (2) 1,700 | (2) 1,700 | N/A | (3) 2,000 | (3) 2,400 |
>10, up to 11 | (2) 1,800 | (3) 1,800 | N/A | N/A | (3) 2,400 |
>11, up to 12 | N/A | (3) 1,900 | N/A | N/A | (3) 2,400 |
>12, up to 13 | N/A | (3) 2,000 | N/A | N/A | (3) 2,500 |
>13, up to 14 | N/A | (3) 2,100 | N/A | N/A | (3) 2,600 |
>14, up to 15 | N/A | (3) 2,200 | N/A | N/A | (3) 2,700 |
>15, up to 16 | N/A | (3) 2,300 | N/A | N/A | (3) 2,800 |
>16, up to 17 | N/A | (3) 2,400 | N/A | N/A | (3) 2,900 |
>17, up to 18 | N/A | (3) 2,500 | N/A | N/A | (3) 3,000 |
>18, up to 19 | N/A | (3) 2,600 | N/A | N/A | (3) 3,100 |
>19, up to 20 | N/A | (3) 2,700 | N/A | N/A | (3) 3,200 |
>20, up to 21 | N/A | (3) 2,800 | N/A | N/A | (3) 3,200 |
>21, up to 22 | N/A | (3) 2,900 | N/A | N/A | (3) 3,200 |
>22, up to 23 | N/A | (3) 3,000 | N/A | N/A | (3) 3,200 |
>23, up to 24 | N/A | (3) 3,100 | N/A | N/A | (3) 3,200 |
>24 | N/A | (3) 3,200 | N/A | N/A | (3) 3,200 |
>25 | N/A | By application to Plan Commission | N/A | N/A | (3) 3,200 |
Table 107-1 Accessory Structures Number and Size Limitations - Residential Zoning Districts Number of Accessory Structures Indicated in (); Total Square Footage Indicated after () Example: (2) 800 = 2 accessory structures totaling no more than 800 sq ft | |||||
|---|---|---|---|---|---|
Parcel Size (Acres) | R-1, R-2 Districts | R-3, C-1 Districts | R-4, R-5, R-6, R-7 Districts | CES-5 District | CES-10 District |
<=1 | (2) 800 | N/A | (2) 800 | N/A | N/A |
>1, up to 2 | (2) 900 | N/A | (2) 900 | N/A | N/A |
>2, up to 3 | (2) 1,000 | (2) 1,000 | N/A | N/A | N/A |
>3, up to 4 | (2) 1,100 | (2) 1,100 | N/A | N/A | N/A |
>4, up to 5 | (2) 1,200 | (2) 1,200 | N/A | N/A | N/A |
>5, up to 6 | (2) 1,300 | (2) 1,300 | N/A | (3) 1,600 | N/A |
>6, up to 7 | (2) 1,400 | (2) 1,400 | N/A | (3) 1,700 | N/A |
>7, up to 8 | (2) 1,500 | (2) 1,500 | N/A | (3) 1,800 | N/A |
>8, up to 9 | (2) 1,600 | (2) 1,600 | N/A | (3) 1,900 | N/A |
>9, up to 10 | (2) 1,700 | (2) 1,700 | N/A | (3) 2,000 | (3) 2,400 |
>10, up to 11 | (2) 1,800 | (3) 1,800 | N/A | N/A | (3) 2,400 |
>11, up to 12 | N/A | (3) 1,900 | N/A | N/A | (3) 2,400 |
>12, up to 13 | N/A | (3) 2,000 | N/A | N/A | (3) 2,500 |
>13, up to 14 | N/A | (3) 2,100 | N/A | N/A | (3) 2,600 |
>14, up to 15 | N/A | (3) 2,200 | N/A | N/A | (3) 2,700 |
>15, up to 16 | N/A | (3) 2,300 | N/A | N/A | (3) 2,800 |
>16, up to 17 | N/A | (3) 2,400 | N/A | N/A | (3) 2,900 |
>17, up to 18 | N/A | (3) 2,500 | N/A | N/A | (3) 3,000 |
>18, up to 19 | N/A | (3) 2,600 | N/A | N/A | (3) 3,100 |
>19, up to 20 | N/A | (3) 2,700 | N/A | N/A | (3) 3,200 |
>20, up to 21 | N/A | (3) 2,800 | N/A | N/A | (3) 3,200 |
>21, up to 22 | N/A | (3) 2,900 | N/A | N/A | (3) 3,200 |
>22, up to 23 | N/A | (3) 3,000 | N/A | N/A | (3) 3,200 |
>23, up to 24 | N/A | (3) 3,100 | N/A | N/A | (3) 3,200 |
>24 | N/A | (3) 3,200 | N/A | N/A | (3) 3,200 |
>25 | N/A | By application to Plan Commission | N/A | N/A | (3) 3,200 |
§ 380-108 Outside storage of firewood in nonagricultural areas.
A.
No person shall store firewood in the front yard on residentially zoned property or a commercially zoned property with a residence on the premises, 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 three 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. "Fence" as used in this subsection 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 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.[1]
[1]
Editor's Note: See Ch. 280, Nuisances.
E.
Not more than 30% of the side and rear yard may be used for storage of firewood at any one time.
§ 380-109 Fences and hedges.
[Amended 2-6-2007 by Ord. No. 2-1-2007; 7-20-2010; 6-21-2022 by Ord. No. Z2022-06-02; 7-21-2025 by Ord. No. Z2025.07.02]
A.
Fences defined. For the purpose of this section, "fence" is herein defined as a 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 or hazard. Snow fencing is not an acceptable material for a fence.
B.
Fences categorized. Fences shall be categorized into the following 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 of 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.
(6)
Agricultural fence: a fence used in farming and ranching to confine livestock, protect crops, or manage property lines, designed to keep animals in or out of a designated area, typically made of materials like wood, wire, or mesh.
C.
Fence permit. Prior to construction, a Town fence permit is required for any fence proposed within 10 feet of a property line. The applicant shall submit design information and a proposed site drawing at the time of filing.
D.
Fence standards.
(1)
Residential fence standards. Residential fences, hedges and walls as categorized in Subsection B(1) through (5) are permitted on the property lines in the side and rear yards of residential districts but shall not in any case exceed a height of six feet and shall not be closer than two feet to any alley line. Residential fences, hedges and walls are permitted in the street yard provided they are no more than three feet in height and shall not be closer than five feet to a street right-of-way.
(2)
Agricultural fence standards. Agricultural fences as categorized in Subsection B(6) are permitted in the R-3, C-1, CES-5 and CES-10 Districts as follows:
(a)
On the property lines in the side and rear yards.
(b)
In the street yard with permission from the Plan Commission. Application shall include details of the fencing material, construction and height and a diagram of the placement of the fence on the property.
(3)
Security fence standards. 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.
(4)
Prohibited fences. No fence on residentially zoned property shall be constructed which is of a dangerous type of construction or which conducts electricity or is designed to electrically shock or which uses barbed wire. 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 height and project toward the fenced property and away from any public area.
(5)
Fences constructed in the EA, AE and A-1 zoning districts are excluded from the provisions of § 380-109, Fences and hedges.
E.
Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
F.
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.
G.
Nonconforming fences and hedges.
(1)
Any fence or hedge previously permitted and existing on the effective date of this Zoning Code and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.
(2)
Agricultural fences are excluded from the provisions of this section.
§ 380-110 Swimming pools.
[Amended 2-6-2007 by Ord. No. 2-1-2007; 7-20-2010]
A.
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 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, inflatable children's swimming or wading pools with a maximum dimension of 15 feet in diameter and a maximum wall height of 15 inches and which are so constructed that they may be readily disassembled for storage and reassembled to their 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. A fee as set forth on the schedule of deposits, bonds and fees 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 code and with any and all ordinances of the Town now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances of the Town 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 a sanitary sewer system, into any on-site private sewage system, directly into a navigable body of water or 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 Town ordinances regulating electrical installations. Swimming pools shall not be constructed directly over or under electric transmission lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or the surrounding fence.
(4)
No lighting installed around swimming pools shall throw direct illumination onto adjacent properties.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.
(2)
Swimming pools shall comply with the yard requirements for principal structures in the district in which they are located.
(3)
Pools must be located a minimum of 10 feet from any roof structure.
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. Such fence or wall shall be not less than four feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Access to in-ground pools shall be controlled by a self-latching gate, and all such gates shall be kept securely closed and locked at all times when the owner or occupant is not present at the pool.
(2)
The pool enclosure may be omitted where aboveground pools are installed above ground and have a raised deck for access to pool and the remainder of pool meets the forty-two-inch pool height. An attached enclosed railing with a minimum of 36 inches high with openings not to exceed four inches with a self-closing, self-latching gate, or if the pool enclosure has side walls of at least 42 inches, with a ladder or stairs access that is restricted.
G.
Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.